210412 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, April 12, 2021
4:30 PM
Electronic Meeting
1.Call to Order
2.Closed Session (4:30 p.m.)
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT Council move into Closed Session to consider advice that is subject to solicitor-client
privilege, including communications necessary for that purpose and a proposed or pending
acquisition or disposition of land by the municipality or local board.
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) (f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
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.)
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council meeting of April 12, 2021, with item 15.2.1
(CS 21-17) being dealt with prior to item 11, be approved.
4.Moment of Silence
5.Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT the minutes of the Council meeting held on March 22, 2021, be approved.
7.Presentations
8.Public Meetings
9.Planning Reports
10.Delegations
10.1.Carlotta James Re: The Monarch Ultra Relay Run
Carlotta James
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT the delegation from Carlotta James regarding The Monarch Ultra Relay Run
be received as information.
10.2.South-West Oxford Re: Proposal to Extend Fibre Networks to Tillsonburg Regional
Airport in 2022
David Mayberry, Mayor and Mary Ellen Greb, Chief Administrative Officer
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT the delegation from South-West Oxford regarding a proposal to extend fibre
networks to Tillsonburg Regional Airport in 2022 be received as information.
Page 2 of 405
10.3.Request to repeal designating By-Law 3852 (Rolph Street Public School)
Andrew Teeple, Athon Construction and Development Corporation representing
Oxford Lofts Inc.
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT the delegation from Andrew Teeple regarding a request to repeal designating
By-Law 3852 (Rolph Street Public School) be received as information;
AND THAT this information be referred to item 15.2.1 staff report CS 21-17, for
consideration.
11.Deputation(s) on Committee Reports
12.COVID-19
13.Information Items
13.1.Ontario Recreation Facilities Association Re: Open Letter to ORFA Members and
Industry Employers
13.2.Solicitor General Re: Ontario Provincial Police (OPP) detachment boards
13.3.Ministry of Finance Re: Ontario Cannabis Legalization Implementation Fund
13.4.Long Point Region Conservation Authority (LPRCA) Re: 2020 LPRCA Financial
Statements and Annual Report
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council receive the correspondence from the Ontario Recreation Facilities
Association dated March 19, 2021, the correspondence from the Solicitor General
dated March 18, 2021, the correspondence from the Ministry of Finance dated
March 29, 2021, and the correspondence from the Long Point Region Conservation
Authority dated March 16, 2021, as information.
14.Quarterly Reports
14.1.FIN 21-09 2020 Fourth Quarter Consolidated Financial Results
Proposed Resolution #8
Moved By: ________________
Page 3 of 405
Seconded By: ________________
THAT Council receives report FIN 21-09 2020 Fourth Quarter Consolidated
Financial results as information.
14.2.FIN 21-10 2020 Fourth Quarter Corporate Services Results
14.3.EDM 21-14 2020 Fourth Quarter Economic Development and Marketing Results
14.4.FRS 21-04 2020 Fourth Quarter Fire Services Results
14.5.OPD 21-14 2020 Fourth Quarter Operations and Development Department Results
14.6.OPD 21-16 2020 Fourth Quarter Building, Planning and By-Law Services Results
14.7.RCP 21-08 2020 Fourth Quarter Recreation, Culture and Parks Results
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
THAT Council receives the 2020 Fourth Quarter Department Results, as
information.
15.Staff Reports
15.1.Chief Administrative Officer
15.1.1.CAO 21-04 Establishment of Subcommittees: Affordable Housing and
Boundary Adjustment
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT Council receives report CAO 21-04 Establishment of
Subcommittees: Affordable Housing and Boundary Adjustment;
AND THAT staff be directed to proceed with establishing the Affordable
Housing subcommittee following option ___ with the Council appointed
representative(s) __________;
AND FURTHER THAT staff be directed to proceed with establishing the
Boundary Adjustment subcommittee following option ___ with the Council
appointed representative(s) __________________;
AND FURTHER THAT Council supports the Terms of Reference provided
for each subcommittee.
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15.2.Corporate Services
15.2.1.CS 21-17 Request to repeal designating By-Law 3852, owner’s initiative
(Rolph Street Public School)
Proposed Resolution #11
Moved By: ________________
Seconded By: ________________
THAT Council endorse the Cultural, Heritage and Special Awards Advisory
Committee’s recommendation to not support the owner’s request to repeal
By-Law 3852;
AND THAT Council refuses the application under Section 32 of the Ontario
Heritage Act to repeal By-Law 3852 (83 Rolph Street, Rolph Street Public
School).
15.3.Economic Development
15.3.1.EDM 21-07 Offers to Purchase - Walkway between Woodland Crescent
and Trillium Drive
Proposed Resolution #12
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-07 CLD Offers to Purchase –
Walkway between Woodland Crescent and Trillium Drive;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk
to enter into an agreement of purchase and sale with John Peters for the
property described as the East part of Block 88, Plan 41M-139, and to be
described by a new reference plan;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk
to enter into an agreement of purchase and sale with Margarita Janzen for
the property described as the West part of Block 88, Plan 41M-139, and to
be described by a new reference plan.
15.3.2.EDM 21-08 Highway 3 and Clearview Drive Intersection Final Project
Funding
Proposed Resolution #13
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-08 Highway 3 and Clearview Drive
Intersection Final Project Funding;
Page 5 of 405
AND THAT $127,000 in funding from the Economic Development Reserve
be re-allocated from Project 808 (SWM Facility) to Project 813 (Highway 3
Widening);
AND THAT the balance of the Economic Development Reserve of $87,660
be utilized towards Project 813 (Highway 3 Widening);
AND THAT the remaining project budget shortfall of $95,399 be temporarily
funded from the Tax Rate Stabilization Reserve to be reimbursed by 2021
revenue from the Economic Development Reserve.
15.3.3.EDM 21-09 CLD Surplus Land Declaration - Alleyway between Charles St
and Nelson St
Proposed Resolution #14
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-09 Surplus Land Declaration –
Alleyway between Charles Street and Nelson Street;
AND THAT the Alleyway property, located between Charles Street and
Nelson Street, be declared surplus to the needs of the Town of Tillsonburg
in accordance with By-Law 2021-031 (land disposition) including suitable
notification to the public.
15.3.4.EDM 21-10 Surplus Land Declaration – Portion of Pine Alley
Proposed Resolution #15
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-10 Surplus Land Declaration –
Portion of Pine Alley;
AND THAT the portion of Pine Alley located East of Ball Street, described
as Part 1, Plan 41R-7220, be declared surplus to the needs of the Town of
Tillsonburg in accordance with Bylaw 2021-031 (land disposition) including
suitable notification to the public.
15.3.5.EDM 21-11 Industrial Land Lease for Agricultural Purposes
Proposed Resolution #16
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-11 Industrial Land Lease for
Agricultural Purposes;
Page 6 of 405
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk
to enter into a lease agreement with VanQuaethem Farms Ltd for the lands
described as:
Part of Lots 3 and 4, Concession 5 NTR Middleton, and more particularly
described as Part 2, Plan 37R-283 and Parts 10 and 11, Plan 41R-10104,
comprising approximately 73 acres of farmable land; and,
Lands located on the east side of Highway 19 (Vienna Road), legally
described as part of Lots 8 and 9, Concession 4, NTR, and more
particularly described as Lots 1613 and 1638B, Plan 500, comprising of
approximately 17 acres of farmable lands.
15.3.6.EDM 21-12 Offer to Purchase - Lot 7, Van Norman Innovation Park
Proposed Resolution #17
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-12 Offer to Purchase – Lot 7, 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 2670309 Ontario Inc
for the property described as Lot 7 in the Van Norman Innovation Park.
15.3.7.EDM 21-13 Surplus Land Declaration - Ravine Lands West of Borden
Crescent
Proposed Resolution #18
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-13 Surplus Land Declaration –
Ravine Lands West of Borden Crescent;
AND THAT the ravine lands west of the Borden Crescent right of way,
described as Parts 1, 2, 3 and 4, Plan 41R-8799, be declared surplus to
the needs of the Town of Tillsonburg in accordance with By-Law 2021-031
(land disposition) including suitable notification to the public.
15.4.Finance
15.4.1.FIN 21-11 BIA Levy Assessment and Write-Off Policy
Proposed Resolution #19
Moved By: ________________
Seconded By: ________________
Page 7 of 405
THAT Council receives report FIN 21-11 2020 BIA Levy Assessment and
Write-Off Policy as information.
15.5.Fire and Emergency Services
15.5.1.FRS 21-02 Open-Air Burning By-Law
Proposed Resolution #20
Moved By: ________________
Seconded By: ________________
THAT staff report FRS 21-02 Open-Air Burning By-Law be received for
information;
AND THAT Staff be directed to implement Option 3 to promote safe open-
air burning practices in the Town:
Update Recreational Fires Brochure•
Distribute Brochure annually with February tax bills•
Create fire safety messaging plan for open air burning and for
distribution of information utilizing the following communications
avenues; fire station and Towns signs, and fire services and Town
social media outlets
•
Amend rates and fees by-law to include educational enforcement
(written warning/letter) for first offence under By-law, and a fee (as
per current fee) for a second and any additional offences under the
By-law at the current rate in Fees By-law
•
Introduce fire services SOG for response to, investigation and
enforcement of open-air burning complaints
•
15.5.2.FRS 21-03 Fire Safety Grant
Proposed Resolution #21
Moved By: ________________
Seconded By: ________________
THAT staff be directed to implement the projects as outlined in the OFMEM
Fire Safety Grant Application, as approved by the OFMEM.
15.6.Operations and Development
15.6.1.OPD 21-12 Results for RFT 2021-001 Vienna Road (HWY 19) Asphalt
Rehabilitation
Proposed Resolution #22
Page 8 of 405
Moved By: ________________
Seconded By: ________________
THAT Council receives report OPS 21-12, Results for RFT 2021-001
Vienna Road (HWY 19) Asphalt Rehabilitation as information;
AND THAT Council awards Tender RFT 2021-001 to J-AAR Excavating
Limited of London, ON at a cost of $968,968.52 (net HST included), the
lowest bid received satisfying all Tender requirements.
15.6.2.OPD 21-13 Results for RFT 2021-002 Asphalt and Concrete Maintenance
Program
Proposed Resolution #23
Moved By: ________________
Seconded By: ________________
THAT Council receives report OPS 21-13, Results for RFT 2021-002
Asphalt and Concrete Maintenance Program as information;
AND THAT Council awards Tender RFT 2021-002 to Permanent Paving of
Woodstock, ON at a cost of $434,844.70 (net HST included), the lowest bid
received satisfying all Tender requirements.
15.6.3.OPD 21-15 O.Reg 588/17 Asset Management Planning for Municipal
Infrastructure regulation amendment
Proposed Resolution #24
Moved By: ________________
Seconded By: ________________
THAT report OPD 21-15 O.Reg 588/17 Asset Management Planning for
Municipal Infrastructure regulation ammendment be received as
information.
15.7.Recreation, Culture and Parks
15.7.1.RCP 21-10 Annandale Marketing and Promotion Delivery Strategy 2021
Proposed Resolution #25
Moved By: ________________
Seconded By: ________________
THAT report RCP 21-10 Annandale Marketing and Promotion Delivery
Strategy 2021, be received as information;
AND THAT staff be directed to incorporate the report recommendations
into current marketing and promotional strategies and future Business
Plans.
Page 9 of 405
16.New Business
17.Consideration of Committee Minutes
17.1.Committee Minutes
Proposed Resolution #26
Moved By: ________________
Seconded By: ________________
THAT Council receives the Memorial Park Revitalization Advisory Committee
minutes dated March 17, 2021, as information.
17.2.Long Point Region Conservation Authority Minutes
Proposed Resolution #27
Moved By: ________________
Seconded By: ________________
THAT Council receive the Long Point Region Conservation Authority Minutes dated
December 2, 2020 and March 5, 2021, as information.
18.Motions/Notice of Motions
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: ________________
THAT the site plan for the Rokeby Road development be provided to Council for approval.
19.Resolutions/Resolutions Resulting from Closed Session
20.By-Laws
20.1.A By-Law to authorize an agreement of purchase and sale with John Peters
20.2.A By-Law to authorize an agreement of purchase and sale with Margarita Janzen
20.3.A By-Law to enter into a land lease agreement with VanQuaethem Farms
20.4.A By-Law to authorize an agreement of purchase and sale with 2670309 Ontario Inc
Proposed Resolution #28
Moved By: ________________
Seconded By: ________________
THAT A By-Law to authorize an agreement of purchase and sale with John Peters;
and
Page 10 of 405
A By-Law to authorize an agreement of purchase and sale with Margarita Janzen;
and
A By-Law to enter into a land lease agreement with VanQuaethem Farms; and
A By-Law to authorize an agreement of purchase and sale with 2670309 Ontario
Inc, be read for a first, second, third and final reading and that the Mayor and the
Clerk be and are hereby authorized to sign the same, and place the corporate seal
thereunto.
21.Confirm Proceedings By-law
Proposed Resolution #29
Moved By: ________________
Seconded By: ________________
THAT By-Law 2021-040, to Confirm the Proceedings of the Council meeting held on April
12, 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.
22.Items of Public Interest
23.Adjournment
Proposed Resolution #30
Moved By: ________________
Seconded By: ________________
THAT the Council meeting of April 12, 2021 be adjourned at ____ p.m.
Page 11 of 405
1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, March 22, 2021
4:00 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, 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
Cephas Panschow, Development Commissioner
Paul Groeneveld, Acting Fire Chief
Vanessa Devolin, Acting Deputy Fire Chief
Geno Vanhaelewyn, Chief Building Official
Laura Pickersgill, Executive Assistant
Shayne Reitsma, Manager of Engineering
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Closed Session (4:00 p.m.)
Resolution # 2021-135
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
Page 12 of 405
2
THAT Council move into Closed Session to consider two personal matters about
identifiable individuals, including municipal or local board employees, and two
matters of a proposed or pending acquisition or disposition of land by the
municipality or local board.
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
2.4.2 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
2.4.3 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board;
2.4.4 239 (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 # 2021-136
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Agenda as prepared for the Council meeting of March 22, 2021, be
approved.
Carried
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
6. Adoption of Council Minutes of Previous Meeting
Page 13 of 405
3
Resolution # 2021-137
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the minutes of the Council meeting held on March 8, 2021, be approved.
Carried
7. Presentations
7.1 Strategy Corp - Fire Communications Business Plan Review
John Matheson, Principal and Jaiman Chin, Consultant with Strategy Corp
provided an overview of the executive summary of the Fire
Communication Business Plan Review.
It was noted that the Town Tillsonburg has a strong reputation with
customers. The Town's fire communications service is identified a
competitive entity due to being a very responsive, flexible, and
professionally staffed organization that is in full compliance with NFPA.
It was suggested that some improvements could be made by better
managing the overtime costs of staff and that this may be done by revising
the organizational structure. It was noted that the Town should seek out
more customers as there is an excess of assets available to perform
service for additional customers which would assist with increasing
profitability. It was not recommended that the fire communications be
managed internally as Customer Service Representatives as there would
not be sufficient background knowledge required to provide the quality of
service received today.
Opportunity for members of Council to ask questions was provided. It was
recommended that in the future when contracts are renewed that the
pricing structure be reviewed to follow a more consistent pricing structure
among customers.
Deputy Chief Devolin, John Matheson and Jaiman Chin left the meeting at
6:34 p.m.
Resolution # 2021-138
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT Council receives the presentation by Strategy Corp regarding the
Fire Communications Business Plan Review, as information.
Page 14 of 405
4
AND THAT staff prepare a report back to Council regarding options with
the goal of mitigating financial losses incurred by Fire Communications
Operations.
Carried
8. Public Meetings
9. Planning Reports
10. Delegations
10.1 Elizabeth Sinclair Re: Purple Lights for Epilepsy Awareness Day on
March 26, 2021
Elizabeth Sinclair provided an overview of the statistics and challenges
associated with epilepsy.
Elizabeth left the meeting at 6:41 p.m.
Resolution # 2021-139
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT the delegation from Elizabeth Sinclair regarding Epilepsy
Awareness Day be received as information;
AND THAT the lights in the clock tower be turned purple on March 26th in
honour of Epilepsy Awareness Day.
Carried
11. Deputation(s) on Committee Reports
12. COVID-19
Our region will remain in the Orange Zone for at least another week under the
Provincial Reopening Framework.
There is opportunity in the near future for vaccines to be provided in our local
community as the availability and viability of storage and transportation of the
vaccine increases.
The dashboard on Southwest Public Health's website will only be updated on
weekdays now rather than seven days per week. There are variant of concern
active cases identified in the region.
Page 15 of 405
5
Individuals born in 1946 or earlier are now eligible to receive a vaccine in our
region.
Concerns were noted with the fact that Southwest Public Health does not have a
waitlist and that this could allow for wasting of vaccines that are thawed. It was
noted that there is an end of day usage policy established to ensure there is little
or no waste.
13. Information Items
14. Staff Reports
14.1 Chief Administrative Officer
14.2 Corporate Services
14.2.1 CS 21-14 Bell On Demand Contact Centre
This initiative would provide benefits to both the Town's Customer
Service and Tillsonburg Hydro Inc. This issue arose in 2019 when
the new phone system was implemented. Currently, the Town and
Tillsonburg Hydro Inc. are not fulfilling reporting requirements under
the Ontario Energy Board.
Resolution # 2021-140
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Bell On Demand Contact Centre software be purchased
at a onetime cost of $5,300 and monthly recurring charges of
$516.50 per month to be cost shared between the Town and
Tillsonburg Hydro;
AND THAT the Town IT reserve be used to fund the Town’s
onetime cost of $2,650.
Carried
14.2.2 CS 21-15 Council and Committee Meeting Options
Resolution # 2021-141
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council provides the following direction for Council and
Advisory Committee meetings:
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6
That council continue to meet in the hybrid format with attendees
both in council chambers and virtually, and that committees of
council select their preferred option, either the combined hybrid
format from council chambers and virtually, or in person following
COVID 19 protocol in a meeting room at the Tillsonburg Community
Centre, while COVID 19 restrictions remain in place.
Carried
14.2.3 CS 21-16 Business Licensing Exemption Request (Leen’s Fish
and Chips)
Resolution # 2021-142
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives this report for information and that no action
be taken on this request at this time.
Carried
14.3 Economic Development
14.4 Finance
14.5 Fire and Emergency Services
14.6 Operations and Development
14.6.1 OPD 21-08 Building Inspector 2 - Business Case
Staff would reassess the department's requirements if building
activity slows down in the future.
Geno Vanhaelewyn left the meeting at 7:05 p.m.
Resolution # 2021-143
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives report OPD 21-08 Building Inspector 2 -
Business Case as information;
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7
AND THAT Council continues to support the requirements set in
the Ontario Building Code Act to ensure adequate staffing are in
place to administer the Ontario Building Code;
AND FURTHER THAT Council approve an additional FTE for
Building Services and direct staff to proceed with the Building
Inspector 2 recruitment process.
Carried
14.6.2 OPD 21-09 Transfer Station Recycling Bins Relocation
Resolution # 2021-144
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives report OPD 21-09 Transfer Station
Recycling Bins Relocation as information;
AND THAT no further action is taken.
Carried
14.6.3 OPS 21-10 Kinsmen Bridge
This project would be started as early as January 2022. No
additional funding sources have been explored at this time to be
able to start this project in 2021. This project will be funded through
the tax levy.
There may be an opportunity for the Canadian Forces to do the
building. This was a program done in past years that allows for a
training exercise for the Canadian Forces personnel. Staff are
awaiting a response from Canadian Forces and will report back to
Council when this information is received.
There were some questions regarding the heritage designation of
the bridge and some members enquired if this designation should
be determined before moving ahead with the environmental
assessment.
Resolution # 2021-145
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
Page 18 of 405
8
THAT Council receives report OPD 21-10 Kinsmen Bridge, as
information;
AND THAT Council authorize staff to complete a Schedule C
Environmental Assessment study and detailed design of the
preferred solution;
AND THAT Council give 2022 pre-budget approval for the detailed
design project pertaining to the Kinsmen Pedestrian Bridge of
$306,000.
Defeated
Resolution # 2021-146
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives Report OPD 21-10 Kinsmen Bridge, as
information;
AND THAT staff be directed to report back to Council with
additional steps or information to help advance this project.
Carried
14.6.4 OPD 21-11 Safe Restart Phase 2 Funding Agreement
Resolution # 2021-147
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives report OPD 21-11 Safe Restart Agreement
Phase 2 - Funding Agreement as information;
AND THAT a By-Law to authorize the Mayor and Clerk to sign the
Transfer Payment Agreement for The Safe Restart Agreement,
Phase 2 Municipal Transit Funding, be brought forward for
Council’s consideration.
Carried
14.7 Recreation, Culture and Parks
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14.7.1 RCP 21-07 RCP Departmental Service Review Update - March
2021
Director Baird noted that there has been consideration into
reducing museum hours to the public in the future to assist with
decreasing financial losses associated with the museum if
necessary. Director Baird suggested that it may be beneficial to
decrease open hours to the public in the future while having staff
working inside to allow for more work to be done on the collections.
Resolution # 2021-148
Moved By: Deputy Mayor Beres
Seconded By: Councillor Esseltine
THAT report RCP 21-07 RCP Departmental Service Review
Update – March 2021, be received as information.
Carried
14.7.2 RCP 21-09 Playground Disposal
It was noted that the company receiving the used and out of date
equipment does look into providing refurbished equipment.
Resolution # 2021-149
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT report RCP 21-09, Playground Disposal, be received as
information;
AND FURTHER THAT Council provides a financial donation in the
amount of $1,000 to the Dereham Co-op’s Playground Fundraising
initiative in lieu of our used equipment.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Committee Minutes
Page 20 of 405
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Resolution # 2021-150
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT Council receive the Recreation and Sports Advisory Committee
minutes dated November 11, 2020 be received, the Tillsonburg Airport
Advisory Committee minutes dated February 18, 2021, the Tillsonburg
Transit Advisory Committee minutes dated March 5, 2021, the Recreation
and Sports Advisory Committee minutes dated March 10, 2021, the Town
Hall Steering Committee minutes dated February 10, 2021, the Economic
Development Advisory Committee minutes dated March 9, 2021, and the
Culture, Heritage and Special Awards Committee minutes dated March 3,
2021, as information.
Carried
16.2 Long Point Region Conservation Authority Minutes
Resolution # 2021-151
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receive the Long Point Region Conservation Authority
Minutes dated February 3, 2021 be received, as information.
Carried
17. Motions/Notice of Motions
Councillor Luciani noted that it would be better to ask for this type of report when
there is a new Transit Coordinator in place.
Resolution # 2021-152
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT Council directs Staff to draft a report on the T:GO Transit route, with the
possibility of adding a stop in the north section of town, making stop #25 at the
Norfolk Mall more accessible and having the bus stop at Glendale school before
the start of classes in the morning;
AND THAT the report be sent to the Tillsonburg Transit Advisory Committee for
comment before being brought to Council;
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11
AND FURTHER THAT the report be forwarded to the Tillsonburg Transit
Advisory Committee as information.
Carried
Resolution # 2021-153
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT the Town of Tillsonburg Council supports and respectfully requests that
Southwestern Public Health identify a location for a COVID-19 vaccination clinic
in the Town of Tillsonburg;
AND THAT a COVID-19 vaccination clinic be made a priority to ensure that all
citizens have equitable and accessible opportunities to receive the COVID-19
vaccine in light of the transportation, financial and health barriers associated with
having to travel to another community to receive the vaccination;
AND THAT the clinic inside the boundaries of the Town of Tillsonburg be
operational as soon as logistically possible;
Furthermore, the Town of Tillsonburg offers their support in getting this clinic up
and running.
Carried
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 2021-036, to amend Development Charges By-Law 4315 for
the Town of Tillsonburg
19.2 By-Law 2021-037, to impose fees for services provided by The
Ontario Provincial Police, Oxford County Detachment relating to the
reduction of false security alarms and to repeal By-Law 3170
19.3 By-Law 2021-038, to appoint an Acting Fire Chief for the Town of
Tillsonburg and to repeal By-Law 2020-057
19.4 By-Law 2021-039, to authorize a transfer payment agreement with the
Province (Safe Restart Agreement Phase 2)
Page 22 of 405
12
Resolution # 2021-154
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT By-Law 2021-036, to amend Development Charges By-Law 4315
for the Town of Tillsonburg; and
By-Law 2021-037, to impose fees for services provided by The Ontario
Provincial Police, Oxford County Detachment relating to the reduction of
false security alarms; and
By-Law 2021-038, to appoint an Acting Fire Chief, Paul Groeneveld, for
the Town of Tillsonburg and to repeal By-Law 2020-057; and
By-Law 2021-039,to authorize a transfer payment agreement with the
Province (Safe Restart Agreement Phase 2), 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 # 2021-155
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT By-Law 2021-035, to Confirm the Proceedings of the Council meeting held
on March 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
Carlos will look into the status of completion through Oxford County on the status
of the John Pound Road project. Carlos noted that the rolling on the walking
bridge will be removed in time for the summer.
Michelle will have the Community Update Section of the Tillsonburg newspaper
updated to include information on how residents can access hard copies of the
Community Strategic Plan survey.
Page 23 of 405
13
'Cram the Cruiser' for food bank donations is occurring on Saturday, March 27
from 9:00 a.m. to 3:00 p.m.
There is hydro outage planned April 10 from 3 a.m.-8 a.m.
The Customer Service Centre has been temporarily relocated to 200 Broadway,
2nd Floor from March 23-29. Hard copies of the COVID vaccine consent form
and Community Strategic Plan survey are available here.
22. Adjournment
Resolution # 2021-156
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Council meeting of March 22, 2021 be adjourned at 8:27 p.m.
Carried
Page 24 of 405
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Due to the ongoing COVID19 pandemic, physical attendance public will not be permitted into Council
Chambers. Proceedings will be web-streamed on the Town of Tillsonburg Website. Proceedings held on
the fourth Monday of the month will also be televised via Rogers TV.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individuals are agreeing to the release and inclusion of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 25 of 405
First Name *
Carlotta
Last Name *
James
Street Address *
654 Park Street North
Town/City *
Peterborough
Postal Code *
K9H 4S3
Phone Number *
705-749-9254
E-mail *
carlotta.james@gmail.com
Subject *
The Monarch Ultra Relay Run
Name of Group or Person(s) being
represented (if applicable)
Carlotta James
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
Details of the nature of the business/purpose: *
The Monarch Ultra Relay Run is a 21 day running event starting on Sept. 19th in Peterborough and
arriving on Oct. 9th in Barrie. The team will cover 1,800km over 21 days along the TransCanada and
Waterfront Trail. Two runners will be running segments of either 30km or 50km, and the support crew
and runners will follow all Covid-19 protocols during the relay event. The relay run is a call to action to
protect monarchs and other pollinators whose populations are in steep decline. And to engage with
communities in meaningful ways so that we can do something together about our climate and
ecological crisis. Cofounder Carlotta James, will speak on behalf of the Monarch Ultra project - the
team plans on running through Tillsonburg on Tuesday, October 5th, 2021, and they are looking for
support and partnership building with the Tillsonburg community.
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Page 26 of 405
Will there be a Power Point presentation? *
Yes
No
Please attach a copy of your presentation.
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 27 of 405
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 28 of 405
312915 Dereham Line
R. R. # 1, Mount Elgin, ON N0J 1N0
Phone: (519) 877-2702; (519) 485-0477;
Fax: (519) 485-2932
www.swox.org
A leader in the development and delivery of municipal services for the growth and well-being of our
community
Thursday, April 1, 2021
Tillsonburg Town Council
Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
Sent via email: msmibert@tillsonburg.ca
Dear Mayor and Council:
RE: Proposal to Extend Fibre Networks to
Tillsonburg Regional Airport in 2022
Execulink will be installing fibre networks in various parts of the Township in 2022
in keeping with the SWIFT contract that was awarded in 2020. A portion of this
service includes the Village of Ostrander. The servicing of Ostrander provided an
opportunity for further discussion with SWIFT to see if additional funds were
available to meet the community need of Coyle’s Country Store and Tillsonburg
Regional Airport for high speed (in-ground) connectivity. SWIFT noted that funds
were available that could be utilized for small extensions of existing servicing.
Discussions with SWIFT went well resulting in a plan to move forward with the
servicing of Coyle’s and Tillsonburg Airport provided that both businesses are
prepared to pay a portion of the cost of extending the services. We now have
written confirmation from Coyle’s to move forward with their project. This opens
up discussions with the Town of Tillsonburg as the owner of Tillsonburg Regional
Airport.
The Township’s interest in having the airport included in the project has been
discussed with Town CAO Kyle Pratt as well as Development Commissioner
Cephas Panchow. In addition, our mayor David Mayberry has discussed the
project proposal with Tillsonburg Mayor Stephen Molnar. This letter is to present
the details of the project for consideration by council.
The Township of South-West Oxford is prepared to execute a contract with
Southwestern Integrated Fibre Technology Inc. (SWIFT) on Tuesday, April 18,
2021 to move forward with the extension of fibre networks by Execulink Telecom
Inc. (Execulink) to the Tillsonburg Regional Airport. Prior to doing so we require a
financial commitment (via resolution) from Tillsonburg for the project.
. . . /2
Page 29 of 405
312915 Dereham Line
R. R. # 1, Mount Elgin, ON N0J 1N0
Phone: (519) 877-2702; (519) 485-0477;
Fax: (519) 485-2932
www.swox.org
A leader in the development and delivery of municipal services for the growth and well-being of our
community
Page 2
Due to the tight time frame of the contract the Township requires an answer from
Tillsonburg Council at the April 12, 2021 council meeting.
The cost of running fibre networks in the rural area is approximately $60,000.00+
per kilometre. The cost of the project for the distance from Coyle’s to the
Tillsonburg Airport (1.36 km’s) is $60,000.00. The breakdown of the funding for the
airport project is outlined as follows:
Description Details Funding
ISP Contribution $10,000.00
SWIFT Contribution $17,649.00
South-West Oxford Share $16,175.50
Town of Tillsonburg Share $16,175.50
Total Revenues $60,000.00
The municipal cost for the Tillsonburg Regional Airport project is $32,351.00.
South-West Oxford Council has agreed to pay 50% ($16,175.00) and is asking the
Town of Tillsonburg to pay the remaining 50% ($16,175.00). This offers great
value as the Town’s contribution would be 27% of the total project costs. More
importantly it will provide a permanent (in-ground) high speed solution to the
Airport.
It would be appreciated if Tillsonburg Council would pass a resolution committing
funding of $16,175.50 toward this project. We could then proceed to approve the
agreement with SWIFT at our April 18, 2021 council meeting. This would allow for
the confirmation of the project in advance of a contract to be executed by both
Councils. No monies would be due until after the project is completed in late 2022.
In an effort to move this initiative forward Mayor David Mayberry and myself will be
in attendance at the April 12, 2021 council meeting. Should Council not be in a
position to commit to the project at this time the monies will need to be utilized for
another location in the Township.
Yours truly,
Mary Ellen Greb, CAO
c.c. Kyle Pratt, Cephas Panchow, Carlos Reyes
Page 30 of 405
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Due to the ongoing COVID19 pandemic, physical attendance public will not be permitted into Council
Chambers. Proceedings will be web-streamed on the Town of Tillsonburg Website. Proceedings held on
the fourth Monday of the month will also be televised via Rogers TV.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individuals are agreeing to the release and inclusion of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 31 of 405
First Name *
Andrew
Last Name *
Teeple
Street Address *
49 Willow St
Town/City *
Waterloo
Postal Code *
N2J 1V8
Phone Number *
519-900-5455
E-mail *
andrew@athon.ca
Subject *
Request to repeal designating By-Law 3852,
owner’s initiative (Rolph Street Public School)
Name of Group or Person(s) being
represented (if applicable)
Oxford Lofts Inc.
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
Details of the nature of the business/purpose: *
Request to repeal designating By-Law 3852, owner’s initiative (Rolph Street Public School)
Owners representative to present on the matter.
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Page 32 of 405
Will there be a Power Point presentation? *
Yes
No
Please attach a copy of your presentation.
File Name
Heritage Designation - Delegate 2mb.pdf
1.2 MB
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 33 of 405
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 34 of 405
Page 35 of 405
Restoration Complete!
•Rolph Street Public School is nearing the end of its restoration and
transformation.
•Thank you again for your support.
•We are very proud of the building and hope the Town is equally
thrilled with the results.
•Here is a sample promotion video finished product.
Page 36 of 405
Page 37 of 405
Delegation Summary
Page 38 of 405
Part 1 -The Heritage designation has rendered 83 Rolph St,
essentially, uninsurable
Part 2 -The Heritage designation does not protect against the
current risks facing 83 Rolph St
Part 3 -We are proposing an updated and alternate method of
protecting 83 Rolph St to address this issue
Page 39 of 405
Part 1
Uninsurability & Cost
Page 40 of 405
•Multiple insurance brokers contacted approximately
35 insurers…34 declined to even quote.
•This insurance premium is a major additional cost.
•This cost reoccurs each year.
•This cost will continue to increase with time.
Page 41 of 405
Cost Comparison
Heritage Designated
Rolph Street –46 Unit,
Insurance Costs ~$60,000 Annually (2022 EST.)
Non-Designated
Historic Royal Apartments -46 Units
Insurance Costs ~$9,200 Annually (2022 EST.)
Page 42 of 405
In Perspective
This cost is roughly the equivalent of demolishing three entire apartments from the building.
This is a minimum of 300% of the non-designated cost of insurance.
This cost is similar to the property taxes (but instead of going to the community, the money just goes to an insurer)
This cost is a large enough reoccurring expense that if this was known at the outset, this project may not have proceeded. As an aside, if these heritage designations remain ”in stone” this may have the unintended consequence of preventing or hurting future restoration investments in Town.
Page 43 of 405
Impact
•This cost hurts competitiveness by increasing operating costs and
ultimately tenant’s rent.
•As a rental, the building is valued based on its income and expenses.
Therefore, this expense substantially reduces the available equity and
cash flow reserves.
Page 44 of 405
Part 2
Outdate Heritage Protection
Page 45 of 405
What are the current risks to the building ?
Does the Heritage designation protect the
building from these risks?
Page 46 of 405
•Insurers may decline to provide any insurance resulting in an exposure to a catastrophic loss. (Heritage designation does not protect against this risk)
•The extra cost could result in an owner not carrying insurance (or adequate insurance) to protect the building against a catastrophic loss. (Heritage designation does not protect against this risk)
•The extra cost could result in an owner not having adequate cash flow or accessible equity to maintain the property. (Heritage designation does not protect against this risk)
•Higher rental rates could result in increased number of vacant empty units in the building. (Heritage designation does not protect against this risk)
•The cost to force maintenance on the property would have to be paid first by the taxpayers and then recouped from the owner with collection risk. (Heritage designation does not protect against this risk)
Page 47 of 405
What does the Heritage designation protect
the building from?
Page 48 of 405
The Heritage designation does protect against the demolition or
removal of property’s buildings or structures or heritage attributes as
prescribed under the section 34.1.1 and 34.1.2 of the Ontario Heritage
Act.
However, the building is no longer at risk of being demolished (our
incredibly large investment of thought, time, and money makes this
abundantly clear)
Page 49 of 405
Therefore, the protections the Heritage designation offer
are no longer appropriate for the risks facing 83 Rolph St.
Page 50 of 405
Proposal
Page 51 of 405
1.Repeal the Heritage designation.
2.Provide an amended site plan agreement to include detailed
elevation drawings, as well as $50,000 in security to be provided to
the Town. (This is 5x the amount originally proposed to the
committee, and structured in response to staff recommendations)
3.Reinstate the Heritage designation in the future if the above
proposal no longer provides the appropriate protection.
Page 52 of 405
How does this proposal resolve the current risks?
Page 53 of 405
•Creating a traditional (non-designated) apartment building will ensure there are a multitude of insurers bidding at any given time.
•A multitude of insurers bidding ensures competitive pricing and appropriate coverage.
•Competitive pricing will improve cash and equity reserves for regular maintenance.
•Lower cost and improved maintenance will help keep the number of empty vacant units as low as possible.
•$50,000 in security held by the Town of Tillsonburg would enable the city to force maintenance without having the taxpayers pay first and attempt collection.
Page 54 of 405
In Summary
The only risks which the Heritage designation protects against are no
longer relevant. Meanwhile, the designation has created a multitude
of unintended consequences that, in fact, have increased the risks.
The proposal resolves these risks while empowering the Town with
right tools and recourse to ensure the building is preserved.
The proposal costs the Owner $50,000
The proposal cost the Town $0
Page 55 of 405
In other words, we believe our proposal exceeds both the spirit, intent,
and effectiveness of the Ontario Heritage Act.
Page 56 of 405
Dear Michelle Smibert, Town of Tillsonburg
On behalf of Cathy Seguin, President of the Ontario Recreation Facilities Association (ORFA), I
would respectfully request consideration for the following “Open Letter” to be added as
correspondence to the next Mayor and Council agenda for awareness.
As we are all aware, the COVID-19 pandemic has created unprecedented challenges for all
communities and has required a flexible and responsive approach. Over the past year, we have
witnessed the vital role that recreation facility professionals, and recreation infrastructure (indoor
and outdoor), play in our communities. While following public health guidance, providing even
limited access to recreation has allowed our community residents to stay connected, support
their physical and mental health, and hopefully encourages them to view a more positive, post-
pandemic future.
Thank you for your consideration of this request.
Best wishes,
John Milton
Chief Administrative Officer
OPEN Letter to ORFA Members and Industry Employers
Dear Colleagues,
As we are aware, the pandemic has created unprecedented challenges for all communities
and has required a flexible and responsive approach. Over the past year, we have witnessed
the vital role that recreation facility professionals, and recreation infrastructure (indoor and
outdoor), play in our communities. While following public health guidance, providing even
limited access to recreation has allowed our community residents to stay connected, support
Page 57 of 405
their physical and mental health, and hopefully encourages them to view a more positive,
post-pandemic future.
You, and your team members, are the reason why great community recreation exists. I hope
you will join me in recognizing the recreation facility professionals within your organization
and thank them for their commitment and resilience to ensuring safe and enjoyable
recreational activities and spaces.
As a member of the Ontario Recreation Facilities Association (ORFA), we continue to
support you in your operation and management of your community assets. Since last
summer, ORFA has provided its members with timely, current and relevant pandemic-related
information. In addition to ORFA’s weekly e- news sent to all members, we encourage you to
visit www.orfa.com to access other membership benefits, including:
o COVID-19 Updates and Toolbox including Recreation Facility COVID-19
Re-entering and Reopening Guiding Principles and Best Practices
o Events: online self-study and virtual
o Professional designations
o Facility Forum magazine (print and digital)
o Resource Centre (podcasts, webinars, best practice guidelines, discussion
board)
o Careers (job postings)
Recreation facility professionals, through education, workplace-specific training, and
professional certification, have the requisite skills, enhanced knowledge and empowered
attitude to better operate and manage infrastructure in support of safe facilities. Your ORFA
membership allows you to invest in yourself, your staff, and your profession.
I wish to close by thanking our 7,000-plus members for providing critically important
frontline and management services to our communities and for their support of corporate,
municipal, provincial and federal directives that align in keeping your communities as safe
as possible.
The ORFA is here to help. Please reach out to us at anytime!
Sincerely,
Page 58 of 405
Cathy Seguin, President
Ontario Recreation Facilities Association Inc.
Ontario Recreation Facilities Association Inc.
1 Concorde Gate, Suite 102, Toronto Ontario, Canada M3C 3N6
Tel.416-426-7062 Email ORFA
UNSUBSCRIBE
Page 59 of 405
Solicitor General Solliciteur général
Office of the Solicitor General
25 Grosvenor Street, 18th Floor
Toronto ON M7A 1Y6
Tel: 416 325-0408
MCSCS.Feedback@Ontario.ca
Bureau du solliciteur général
25, rue Grosvenor, 18e étage
Toronto ON M7A 1Y6
Tél. : 416 325-0408
MCSCS.Feedback@Ontario.ca
132-2021-404
By email
March 18, 2021
Dear Heads of Council and First Nations Chiefs:
I am writing to provide you with an update on the new Ontario Provincial Police (OPP)
detachment boards under the Community Safety and Policing Act, 2019 (CSPA).
As you may remember, in February 2020, the Ministry of the Solicitor General
conducted seven regional roundtable sessions across the province. Discussions at
these sessions focused on new OPP-related regulatory requirements under the CSPA.
Municipalities and First Nation communities receiving policing services from the OPP
were invited to learn more about new OPP-related legislative and regulatory
requirements and provide the ministry with feedback to inform the development of
related regulatory proposals. In addition, we heard from many of you through various
letters and engagement opportunities, including meetings with the Association of
Municipalities of Ontario MOU Table and Rural Ontario Municipal Association about
what you would like your new OPP detachment board to look like.
In response to your feedback, an OPP detachment board framework has been
developed that we hope will provide municipalities and First Nation communities
receiving direct and/or supplemental services from the OPP the flexibility to create a
board that reflects your community and local needs.
Under this framework, municipalities and First Nation communities receiving direct
and/or supplemental services from an OPP detachment are being asked to submit one
proposal (per detachment) indicating the composition of their board and, if needed, a
rationale for multiple boards and the composition of each additional board.
Municipalities and First Nations within a detachment are asked to work together to
determine the composition of their board(s) as well as the manner in which they will
submit their proposal to the ministry. For example, after determining the composition of
the detachment board(s), municipalities and First Nations within a detachment area may
select one municipality or First Nation to complete and submit the proposal.
…/2
Page 60 of 405
Dear Heads of Council and First Nations Chiefs
Page 2
Proposals must meet base requirements set by the ministry, which include a minimum
number of five members per board and a requirement that each board should be
composed of 20% community representatives and 20% provincial appointees. To that
end, municipalities and First Nations are not required at this time to identify the names
of the individuals that will be participating on the detachment board. Rather, you are
only asked to identify the number of seats each municipality and First Nation will be
allocated on the detachment board as well as the number of community representatives
and provincial appointments.
To streamline and support the proposal process, the ministry has developed a digital
form that can be accessed using the link included here.
The ministry will work with municipalities and First Nations to obtain outstanding
information/proposals and support you in submitting a completed proposal. If, however,
a proposal still does not meet the minimum requirements, or a proposal is not submitted
and/or if no consensus is reached on the composition of the board then the ministry will
determine the composition of the detachment board.
Completed proposals are to be submitted to the ministry by Monday, June 7, 2021.
We recognize the significant implications that the current COVID-19 emergency has had
on municipalities and First Nations across the province. To this end, in addition to the
written supporting material attached here, we are also pleased to work with you directly
through virtual information sessions.
If you have questions related to OPP detachment boards under the CSPA, please
contact Sarah Caldwell, Director of Community Safety and Intergovernmental Policy, at
sarah.caldwell@ontario.ca. If you have questions about the proposal process or would
be interested in a virtual information session, please contact Joanna Reading, Senior
Policy Advisor, at joanna.reading@ontario.ca
Sincerely,
Sylvia Jones
Solicitor General
Enclosures
c: Chief Administrative Officers
Municipal Clerks
Page 61 of 405
OPP DETACHMENT BOARD PROPOSAL PROCESS FACT SHEET
Ministry of the Solicitor General CONFIDENTIAL
CONTEXT FRAMEWORK
TIMELINES PROCESS
•Ontario passed the Comprehensive Ontario Police Services Act,
2019 (Bill 68) and established the Community Safety and Policing
Act, 2019 (CSP) which, once in force, will repeal the Police
Services Act, 1990 (PSA).
•Section 67 of the CSPA requires there be an Ontario Provincial
Police (OPP) detachment board, or more than one OPP
detachment board, for each detachment of the OPP that
provides policing in a municipality or in a First Nation community.
•The Ministry is required to develop a regulation related to the
composition of each OPP detachment board. To achieve this, the
ministry has developed an “OPP Detachment Board Framework”.
•The new OPP Detachment Board Framework will provide civilian governance to 326 municipalities and 43 First
Nations including those that:
o Are directly policed by the OPP;
o Employ their own First Nations Constables but receive administrative support from the OPP; and
o Receive “OPP Dedicated” policing (i.e. North Caribou Lake and Wapekeka First Nation).
•By enhancing civilian governance, the OPP Detachment Board Framework under the CSPA will:
o Ensure each municipality and First Nation receiving OPP services and supports has an opportunity to
represent their local perspectives, needs, and priorities; and
o Provide opportunities for municipalities and First Nations to collaborate on efforts to improve community safety.
•To ensure the objectives of the OPP Detachment Board Framework are met, the ministry has developed a flexible approach
that allows municipalities and First Nations to determine the preferred composition of their detachment board(s) by submitting a
proposal using a digital form provided by the ministry.
o Link to Digital Form: OPP Board Proposal Form
•Municipalities and First Nations within a detachment will be required to work together to develop and submit one proposal
indicating the composition of their board(s). The proposal must meet the minimum composition requirements established by the
ministry (See Page 2 & Qs and As).
•Municipalities and First Nations will not be required to identify the names of the individuals that will be participating on the
detachment board but will be required to identify the number of seats each municipality and First Nation will be allocated on the
detachment board as well as the number of community representatives and provincial appointments.
•The ministry will work with each municipality and First Nation to obtain outstanding information and provide support to ensure
each detachment submits a completed proposal. However, a proposal does not meet the minimum requirements set by the
ministry or a proposal is not submitted, and/or if a detachment is unable to come to a consensus, the ministry will determine the
composition of the detachment board(s).
•The ministry is offering virtual information sessions for municipalities and First Nation communities to address outstanding
questions and clarify concerns related to the proposal requirements and process, upon request.
Launch OPP Detachment
Board Proposal Process
March 18, 2021
Proposals Due to Ministry
June 7, 2021
Establish OPP Boards
Fall 2021
Page 62 of 405
OPP DETACHMENT BOARD PROPOSAL PROCESS FACT SHEET
Ministry of the Solicitor General CONFIDENTIAL
OPP DETACHMENT BOARD COMPOSITION REQUIREMENTS
CONTACT INFORMATION
MINIMUM REQUIREMENTS
Minimum Size 5 members
Maximum Size None
Community Representatives 20% Community Representation
• Province to appoint community representative(s) if municipal council/band council fail to appoint representatives by joint resolution.
Provincial Appointments 20% Provincial Appointees
General Information/OPP
Detachment Board Proposal
Process
Community Safety and Intergovernmental Policy Branch
Joanna Reading (Joanna.Reading@ontario.ca)
Civilian Governance Options
for First Nations
Indigenous Engagement Unit
Ashley O’Connell (Ashley.OConnell@ontario.ca)
Page 63 of 405
OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS
1
Q1: What are the key differences between the section 10 board framework under the Police Services Act (1990)
(PSA) and OPP detachment board framework under the Community Safety Policing Act, 2019 (CSPA)?
A1:
•The OPP currently polices 326 municipalities. Of these, only those under a section 10 agreement have access to
civilian governance. This means there are 178 municipalities that do not participate on a board and as a result do
not have access to civilian governance.
•Under the CSPA, all municipalities receiving OPP policing services will have the opportunity to participate on an
OPP detachment board.
•In terms of the roles and responsibilities of board members, the role of OPP detachment boards will include
additional responsibilities not required for section 10 boards under the PSA (1990) such as:
o considering any community safety and well-being plan adopted by a municipality that receives policing from
the detachment;
o establishing local policies, in consultation with the de tachment commander, with respect to policing in the
area receiving policing from the detachment; and
o ensuring local action plans prepared by the detachment commander address the objectives and priorities
determined by the board.
•Under the CSPA, OPP detachment board members will be required to:
o consult with the OPP Commissioner on the selection of a detachment commander;
o monitor the performance of the detachment commander; and
o provide an annual report to the municipalities and band councils served by the OPP .
•OPP detachment boards will also provide a venue for the municipalities and First Nations within a detachment area
to coordinate and collaborate on strategies to address common issues that is not present under the PSA.
Q2: What does the transition to the new OPP detachment board framework mean for municipalities and First
Nations currently receiving policing services by the OPP?
A2:
•Until the Act comes into force, the ministry will continue to renew section 10 agreements that are set to expire in
2021.
•However once the CSPA comes into force all existing section 10 agreements will be terminated, and Section 10
boards will be dissolved.
•To do this, the ministry is committed to providing sufficient time and adequate supports to municipalities currently
participating on a Section 10 board or, in the case of municipalities that receive OPP policing without a formal
agreement/contract (i.e. Section 5.1 municipality), a Community Policing Advisory Committees (CPAC) as they
dissolve their current board structures and transition to the new OPP detachment board model.
Q3: When will the CSPA come into force?
A3:
•The ministry is working towards the act being proclaimed in early 2022.
Q4: Which municipalities and First Nations are included in the OPP detachment board framework?
A4:
•The OPP detachment board framework provides civilian governance to the municipalities and First Nations
receiving policing from OPP detachments.
•More specifically, the framework includes 326 municipalities currently policed by the OPP.
•The First Nations included in this framework include the 43 First Nations that:
o are directly policed by the OPP (i.e., zone policing without a funding agreement);
o employ their own First Nations Constables but receive administrative support from the OPP (i.e., “OPP-
Administered” policing under the Federal First Nations Policing Program (FNPP)); and
o receive “OPP-Dedicated” policing (i.e. Stream Two agreements under the FNPP).
Q5: What role will municipalities and First Nations have with respect to the OPP Detachment Board proposal
process?
A5:
•Municipalities and First Nations in each OPP detachment area will be required to submit one proposal indicating
the composition of their board and the rationale for multiple boards and the composition of each additional board, if
multiple boards are being recommended.
•The ministry will only accept one proposal per detachment.
•Municipalities and First Nations within a detachment will be required to work together and determine the approach
for developing and submitting their proposal to the ministry.
o For example, after determining the composition of the detachment board(s), the municipalities and First
Nations within a detachment may select one municipality or First Nation to complete and submit the
proposal.
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OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS
2
Q6: What information is the ministry requesting in the proposal form?
A6:
•Municipalities and First Nations within a detachment area will be required to submit a proposal indicating the
composition of their board(s).
•Municipalities and First Nations will not be required to identify the names of the individuals that will be parti cipating
on the detachment board. Rather, they will be required to identify the number of seats each municipality and First
Nation will be allocated on the detachment board as well as the number of community representatives and
provincial appointments.
•If a municipality and/or First Nation chooses not to participate on a detachment board and forfeits their seat, they
will be required to indicate this in the proposal.
Q7: Factors to consider when requesting more than one detachment board.
A7:
•The CSPA allows an OPP detachment to establish one, or more than one, OPP detachment board.
•Detachments that are considering requesting more than one detachment board should consider factors such as:
o Geography (e.g. distance between municipalities and First Nations);
o Variations in population size and;
o The number of municipalities and First Nations within an OPP detachment; and
o Service demands (e.g. calls for service).
•However, if proposing more than one OPP detachment board, municipalities and First Nations should also
consider challenges associated with recruiting board members (e.g. inability to fill vacancies) and the costs
associated with operating additional boards.
Q8: Will municipalities/First Nations that are receiving policing and/or supports and services by two OPP
detachments be allowed to participate on both OPP detachment boards?
A8:
•Yes. Municipalities and First Nations that are receiving policing and/or supports and services by two OPP
detachments can participate on both OPP detachment boards, or can choose to participate on only one OPP
detachment board.
•Representation must be determined in collaboration with the other municipalities and First Nations within the OPP
detachment, as a consensus on the composition of the OPP detachment board is required.
•Municipalities that wish to be represented on both OPP detachment boards will be required to cover the costs
associated with participating on two boards (i.e. operational costs).
Q9: What is considered a “completed” proposal?
A9:
•Each detachment will be required to complete one proposal using the digital form provided by the ministry. The link
to the digital form can be found here: Ontario Provincial Police Board (OPP) Proposal Form.
•A completed proposal must be submitted using the digital form provided by the ministry and meet the minimum
composition requirements provided by the ministry.
•The ministry will work with each detachment to obtain outstanding information/proposals and support them in
submitting a completed proposal.
•If however in the end if a proposal does not meet the minimum requirements set by the ministry or a proposal is not
submitted, and/or if a detachment is unable to come to a consensus, the ministry will determine the composition of
the detachment board.
Q10: What support will the ministry provide municipalities and First Nations throughout the OPP detachment
board proposal process?
A10:
•Virtual information sessions, led by the ministry, will be made available upon request for municipalities and First
Nation communities to address outstanding questions and clarify concerns related to the proposal requirements
and process.
•If your detachment is interested in a virtual information session, or have other inquiries related to the OPP
detachment board proposal process, please forward your request to the ministry to Joanna Reading via email at
Joanna.Reading@ontario.ca.
Q11: What is the purpose of provincial appointments on OPP Detachment Boards?
A11:
•Provincial appointees will provide advice to the board as public representatives whose appointments are
independent of municipal/band councils.
•However, to ensure members of the detachment board are reflective of the communities they serve, the
municipalities/First Nation Chief and Councils will have the ability to nominate individuals for consideration as
provincial appointees.
Page 65 of 405
OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS
3
Q12: Will the government address the current backlog in provincial appointments?
A12:
• We know there are concerns related to the number of vacant provincial appointments and the length of time these
appointments remain unfilled.
• We have made significant progress in reducing the backlog of provincial appointments. Since our government took
office in 2018, we have filled approximately 124 provincial appointment vacancies on section 10 boards.
• We will continue to work with municipalities and First Nations to ensure provincial appointees are recruited and
appointed in a timely manner.
Q13: Why are First Nations with Self-Administered Police Services not included in the OPP detachment board
framework?
A13:
• First Nations that receive policing from a Self-Administered First Nation Police Service (SA FNPS) are not included
in the OPP detachment board framework as they are already represented on boards and/or have their own police
governing authorities.
In addition, SA FNPS boards have existing relationships and alternate methods to communicate their input to the
OPP with respect to supports and services the OPP provides to their communities.
Q14: Are there other civilian governance options for First Nation communities that are captured within the OPP
detachment board framework?
A14:
• As an alternative to participating on an OPP Detachment board, under the CSPA First Nations have the option to
request to form a First Nation OPP Board.
• Where a First Nation or multiple First Nations has entered into an agreement with the Minister for the provision of
policing and other specified services by the Commissioner, the First Nation(s) may request that the Minister
constitute a First Nation OPP board.
• A First Nation OPP board would perform similar functions and responsibilities as an OPP Detachment board by
providing advice and oversight over the policing services provided by the OPP to a First Nation community or
communities.
o This includes determining objectives and priorities, supporting development of the strategic plan, and
advising the Detachment Commander with respect to policing provided to a First Nation community or
communities.
o A First Nation OPP board could also establish local policies, in consultation with the OPP, with respect to the
detachment’s provision of policing.
• Please contact Ashley O’Connell, Indigenous Engagement Unit, Ministry of the Solicitor General at
Ashley.OConnell@ontario.ca for more information on requesting a First Nation OPP Board.
ADDITIONAL INFORMATION
Q15: What training will OPP detachment board members be required to complete?
A15:
• Members cannot perform their duties or exercise any of their powers until they have successfully completed the
training identified in the CSPA.
• More specifically, like all other boards and councils governed under the CSPA, OPP detachment board members
will be required to successfully complete training with respect to:
o human rights and systemic racism;
o the diverse, multiracial and multicultural character of Ontario society;
o the rights and cultures of Indigenous peoples; and
o any other training prescribed by the Solicitor General.
Q16: Will municipalities be able to request enhanced OPP policing services (e.g., beyond basic “adequate and
effective” policing) under the CSPA?
A16:
• Under the CSPA, municipalities that receive policing from the OPP may enter into agreements for enhanced
policing services.
• Municipalities will continue to be responsible for funding and implementing enhancements.
Q17: Once the CSPA is in force, will municipalities within a detachment receive one billing statement (i.e., a
single invoice for the entire detachment)?
A17:
• There will be no substantive changes to the billing process.
• Municipalities will continue to be billed individually.
Page 66 of 405
OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS
4
Q18: Will there be an opportunity to provide additional feedback on other OPP-related matters for regulation?
A18:
• All OPP-related matters for regulation will be posted on the Ontario Regulatory Registry for public comment.
Page 67 of 405
Ministry of Finance
Office of the
Deputy Minister
Frost Building South
7 Queen’s Park Cr
Toronto ON M7A 1Y7
Tel.: 416 325-1590
Fax: 416 325-1595
Ministère des Finances
Bureau du
sous-ministre
Édifice Frost sud
7 Queen’s Park Cr
Toronto ON M7A 1Y7
Tél. : 416 325-1590
Téléc. : 416 325-1595
…/cont’d
March 29, 2021
Dear Treasurer:
Re: Ontario Cannabis Legalization Implementation Fund
In his March 2021, letter to Heads of Council, the Minister of Finance provided a final
update on the Ontario Cannabis Legalization Implementation Fund (“Fund”).
As you know, OCLIF was announced in 2018 as an initiative over two years to help
municipalities with the implementation costs of recreational cannabis legalization. The
province also committed that, if Ontario’s portion of the federal excise duty on
recreational cannabis over the first two years of legalization exceeds $100 million, the
province will provide 50 per cent of the surplus to those municipalities that did not opt
out as of January 22, 2019. The Ontario portion of the federal excise duty exceeding
$100 million was approximately $7.99 million.
Consistent with the previous distribution of OCLIF funding, t he government will
distribute this final payment of OCLIF funding for surplus excise duties of $3.99 million
as follows:
• Funding will be provided on a per household basis to municipalities th at did not
opt-out of hosting retail stores as of January 22, 2019, adjusted so that each
recipient municipality will receive at least $5,000.
• Lower-tier and upper-tier municipalities will receive funding based on 50% of their
households. Upper-tier municipalities will receive funding in relation to opt-out
decisions made by the lower-tier municipality. If a lower tier municipality opted-
out, the upper tier municipality will not receive funding on a per household basis
in relation to that municipality.
The attached allocation notice sets out the amount your municipality will receive as the
third payment from this Fund. These funding amounts will also be posted on the Ministry
of Finance’s website at www.fin.gov.on.ca/en/budget/oclif/ this month.
Page 68 of 405
- 2 -
As a reminder, municipalities must use the money they receive from the Fund for the
purpose of paying for implementation costs directly related to the l egalization of
cannabis.
Municipalities have discretion to determine how funding should be allocated within these
parameters and to consider which local priorities may benefit most from the funding.
Examples of permitted costs include:
• Increased enforcement (e.g., police, public health and by-law enforcement, court
administration, litigation)
• Increased response to public inquiries (e.g., 311 calls, correspondence)
• Increased paramedic services
• Increased fire services
• By-law / policy development (e.g., police, public health, workplace safety policy)
Municipalities must also adhere to the terms and conditions set out in the November 26,
2018 letter regarding ineligible use of funds, transfer of funds between upper -tier and
lower-tier municipalities, and record keeping.
Questions regarding the Fund can be directed to the Ministry of Finance at:
OCLIF@ontario.ca
Sincerely,
Original signed by
Greg Orencsak
Deputy Minister
c: The Honourable Doug Downey, Attorney General
The Honourable Steve Clark, Minister of Municipal Affairs and Housing
Mark Lawson, Chief of Staff, Ministry of Finance
David Corbett, Deputy Attorney General
Greg Orencsak, Deputy Minister of Finance
Kate Manson-Smith, Deputy Minister of Municipal Affairs and Housing
Jane N Mallen, Assistant Deputy Minister, Policy Division, Ministry of Attorney
General
Erin McGinn, Assistant Deputy Minister, Government Business Enterprise
Division, Ministry of Finance
Jonathan Lebi, Assistant Deputy Minister, Local Government and Planning Policy
Division, Ministry of Municipal Affairs and Housing
Page 69 of 405
Ontario Cannabis Legalization Implementation Fund
Final Payment - Allocation Notice (March 2021)
Town of Tillsonburg 3204
County of Oxford
$5,000
A Funding Amount based on Number of Households (A1 x A2 ÷ 100)$2,371
1. Number of Households 7,647
2. Funding Amount per 100 Households $31
B Minimum Municipal Funding Allocation $5,000
C Funding Allocation (maximum of A and B)$5,000
Notes and Data Sources
A - funding amount is rounded up to the nearest dollar.
A1 - household figures are based on the 2020 returned roll provided by the Municipal Property Assessment Corporation (MPAC).
A2 - represents the funding amount per 100 households for lower-tier municipalities.
B - represents the minimum funding allocation to municipalities.
The Ontario Cannabis Legalization Implementation Fund (OCLIF) is provided to
municipalities to help with the implementation costs of recreational cannabis
legalization.
Funding Allocation
Ontario Ministry of Finance Issued: March 2021
Page 70 of 405
Long Point Region Conservation Authority
4 Elm St., Tillsonburg, Ontario N4G 0C4
519-842-4242 or 1-888-231-5408 ˖ Fax 519-842-7123
Email: conservation@lprca.on.ca ˖ www.lprca.on.ca
March 16, 2021
Town of Tillsonburg
10 Lisgar Ave.
Tillsonburg ON N4G 5A5
Email: kpratt@tillsonburg.ca
Attention: Kyle Pratt, CAO
Dear Members of Council, Residents and Ratepayers,
The Long Point Region Conservation Authority is pleased to report we had
another effective year in 2020 in which we completed three flood and erosion
mapping projects, issued 296 planning permits and consulted on 121 municipal
applications, completed five wetland restoration projects and established 150
acres of crop cover, planted 32,955 trees throughout the watershed, and
continued working with our municipal emergency management partners issuing
23 flood messages through 14 flood events.
Attached you will find a copy of our 2020 Annual Report highlighting in greater
detail the programs, services and accomplishments the Authority achieved in
2020.
Financially, the Authority ended 2020 in a positive financial position and the 2020
LPRCA financial statements audited by MNP LLP of London are attached.
On behalf of the Long Point Region Conservation Authority Board of Directors, I
would like to thank you for your continued support of the Authority.
Yours truly,
Judy Maxwell, CPA, CGA
General Manager/Secretary-Treasurer
Attachment 1: 2020 Annual Report
Attachment 2: 2020 LPRCA financial statements
Hard copy sent by mail
Page 71 of 405
Annual Report 2020
Page 72 of 405
Contents
3
Message from the Chair & General Manager
4
Protecting Life & Property
8
Enhancing Watershed Health
11
Connecting People to Nature
17
2020 Financial Highlights
18
Board of Directors / LPRCA Staff
19
Long Point Region Watershed
Page 73 of 405
Message from the Chair & General Manager
Michael
Columbus
Chair, LPRCA
Judy
Maxwell
General Manager,
LPRCA
The past year has certainly been
one that we will not soon forget.
The pandemic placed the world
into a position of uncertainty. With
the support of the Board, staff
navigated the pandemic disruption
and implemented the appropriate
policies, protocols and measures
to ensure the safety of our staff,
community and customers while
permitting the Authority to deliver
our essential services.
The Board is committed to leading
the implementation of the
2019-2023 Strategic Plan which sets
out the groundwork for achieving
our vision. Guided by our values
of innovation, accountability, communication and
teamwork, we are well on our way to advancing
the objectives of the 2019-2023 Strategic Plan and
our vision of working together to shape the future
well-being of our watershed.
On behalf of the Board we would like to
acknowledge the commitment of all of the
Authority’s staff and volunteers. We have asked
a lot of our people this past year, and through it
all we have witnessed inspirational teamwork,
respect, creativity and resilience. As we navigate
this new reality, we are confident our organization
will be able to emerge from this pandemic with
new, innovative approaches to deliver high quality
services and experiences.
17-year Distinguished Member
Since 2003, Roger Geysens has served the
Long Point Region Conservation Authority. A
Councillor appointed by Norfolk County, Roger was
instrumental in promoting the Authority’s mandate
and our continued success. Roger served as the
Chair of the Board from 2012 through 2014 and has
provided outstanding stability, commitment and
leadership.
The LPRCA Board and staff thank
Roger for his dedicated service
and wish him a very happy
retirement.
Thank you Roger.
2020 Annual Report Long Point Region Conservation Authority 3
Page 74 of 405
Protecting
Life &
Property
Planning & Regulations
Long Point Region Conservation Authority’s
Planning and Regulation services help protect
the Long Point watershed from loss of life and
property damage due to natural hazards such
as flooding and erosion. Under the Conservation
Authorities Act, it is the responsibility of LPRCA to
regulate development in and around watercourses,
floodplains, valley systems, wetlands and along the
Lake Erie shoreline.
In 2020, Planning and Regulations department
staff reviewed and issued 296 permits for
development under Section 28 of the Conservation
Authorities Act. Staff worked with local
municipalities to review and provide technical
advice on 121 Planning Act applications, including
the review of Official Plan updates for Brant
County and Haldimand County. Hundreds of
additional inquiries from the public relating to the
sale of properties, development proposals, and
other general inquiries relating to flooding, erosion,
wetlands and dynamic beaches were received and
responded to by staff.
2020 2019
Permit Applications Reviewed 296 259
Municipal Applications Consulted On 121 156
Long Point Region Conservation Authority 2020 Annual Report 4
Page 75 of 405
Throughout 2020, Planning and Regulations staff
continued to implement recommendations from
the 2017 Customer Service Plan, pursuing process
improvements and providing timely reviews
and approvals. An interactive mapping tool that
presents areas regulated by Ontario Regulation
178/06 within the Long Point Region Watershed
was launched, allowing visitors to LPRCA’s website
to search for properties and view regulated areas.
Flood Forecasting
Long Point Region Conservation Authority is
responsible for operating a flood forecasting
and warning system in collaboration with the
Ontario Ministry of Natural Resources and
Forestry (MNRF). The system includes monitoring
weather conditions and forecasts, forecasting
flood potential, issuing flood messages and
communicating updates to municipalities, the
media and the public. This system helps to ensure
the welfare of residents and minimize property
damage due to flooding.
A total of 23 flood messages were issued in 2020.
2019
Conditions Statements 9
Flood Watches 10
Flood Warnings 2
2020
9
10
4
In 2020, Lake Erie’s water level remained well
above average and risk of flooding was high
throughout the year, even in the summer months
when flood risk is typically low. LPRCA issued a
Lake Erie Conditions Statement – Flood Outlook
that remained in effect throughout much of the
year to highlight the increased risk of flooding.
High water levels combined with periods of strong
southwesterly winds resulted in multiple occasions
of flooding along the Lake Erie shoreline. On
November 15, 2020 significant southwesterly winds
caused substantial flooding; gauges in Port Dover
and Port Colborne measured levels second only to
the record set on December 2, 1985.
2020 Annual Report Long Point Region Conservation Authority 5
Page 76 of 405
Low Water Response
Beginning in May, a lack of rainfall left many areas
across the watershed with lower than typical
stream flow and groundwater levels. By August,
conditions were particularly dry with the northern
end of the watershed receiving only 50-75% of
average rainfall for the months of June, July, and
August. On August 17, LPRCA issued a Level 1
Low Water Advisory, encouraging water users
throughout the watershed to reduce their water
consumption by 10 percent and restrict non-
essential uses of water. These measures proactively
assist in minimizing the impacts of low water on
aquatic ecosystems, conserving water supplies,
and reduces the need for stronger water restriction
measures. The Level 1 Low Water Advisory was
lifted on October 30.
Flood Forecasting & Warning
System Improvement Project
Funding assistance from the Federal Disaster
Mitigation Program has permitted Long Point
Region Conservation Authority to continue
improvement and automation of the Flood
Forecasting and Warning System. In 2020,
automated hydrometric data collection data has
been made available in real-time through LPRCA’s
website. The program has also added additional
gauges through
the watershed,
facilitated
development of
flood thresholds
and allowed for the
implementation
of automated data
acquisition.
LPRCA and
Norfolk County
staff identified the
need for a real-
time gauge to
measure and report
Lake Erie levels in the Inner Long Point Bay. Staff
completed project planning and are preparing for
the installation of a gauge on the Port Rowan pier.
Once the gauge is installed, the water level data
collected will improve forecasts of and responses
to Lake Erie flood events.
Floodplain, Natural Hazard &
Regulation Mapping
In 2020, LPRCA completed three multi-year
projects to update flood and erosion mapping
with support from the Federal National Disaster
Mitigation Program. Two of these projects focused
Long Point Region Conservation Authority 2020 Annual Report 6
Page 77 of 405
on updating over 94 km of flood, erosion, and
dynamic hazard mapping along the shoreline
of Lake Erie in Haldimand and Norfolk Counties.
The third project updated over 89 km of riverine
floodplain mapping in areas most vulnerable to
flood damage, including Tillsonburg, Norwich,
Vienna, Port Burwell, Cultus, Gilbertville, Simcoe,
Port Dover, Waterford, Jarvis and Garnett.
The new mapping provide the most up-to-date
and accurate information available on flooding
and erosion hazards in the study areas. The
information was provided to municipalities to
support the preparation of their Official Plans and
Zoning By-Law documents. LPRCA will further use
the information to provide technical advice and
comment on municipal documents, Planning Act
Applications, permitting under Ontario Regulation
178/06, and flood forecasting and warning.
Building on these mapping projects, LPRCA staff
updated the area regulated by O.Reg. 178/06 along
the shoreline in Norfolk and Haldimand Counties
and the Lynn River watershed.
Dams & Water Control Structures
LPRCA owns and operates 13 dams and water
control structures throughout the watershed.
Historically these structures were constructed for
flood control, low flow augmentation, recreation,
erosion control, power generation and to serve as
municipal drinking water sources. Most of these
structures were constructed in the 1960’s though
some were built over 100 years ago. In 2020, four of
LPRCA’s dams had substantial work performed:
• The Norwich Dam underwent a safety
review with financial support from the
Ministry of Natural Resources and Forestry’s
Water and Erosion Control Infrastructure
program. The safety review is a detailed
study completed by an engineer that
determines the dam’s hazard classification,
assesses the stability and evaluates all other
factors that affect public and operator safety.
• The Deer Creek Dam has mechanical
operation equipment housed in a concrete
chamber. In 2020, modifications were made
to the chamber and a side door was added
to provide an improved work environment
for dam operators.
• The Vittoria and Teeterville Dams had their
stop logs sealed by a specialized diving
contractor in summer 2020. Stop logs within
the dam bays were jacked down and a semi-
impermeable seal installed on the upstream
face to reduce water loss through the logs.
This work will extend the operational life of
the stop logs and help maintain water levels
in the reservoirs during drought conditions.
2020 Annual Report Long Point Region Conservation Authority 7
Page 78 of 405
Enhancing
Watershed
Health
Stewardship
Working together to shape the future well-
being of our watershed is the guiding vision by
which Long Point Region Conservation Authority
operates. A large part of doing so is collaborating
on environmental stewardship initiatives with
municipal, institutional and private partners.
Highlights from 2020 include:
• Completion of 5 wetland projects, with
funding and support from Environment
and Climate Change Canada’s Habitat
Stewardship Program (HSP), Ducks
Unlimited Canada (DUC) and ALUS Norfolk.
• Continuation of the Long Point Region
invasive Phragmites australis control
program. Environment and Climate
Change Canada’s Habitat Stewardship
Program funding allowed LPRCA to work
with Nature Conservancy Canada (NCC)
to implement invasive Phragmites control
measures on private land in the lower Big
Creek watershed, treat 9.25 hectares of
land at the Lee Brown Marsh and control
Long Point Region Conservation Authority 2020 Annual Report 8
Page 79 of 405
invasive Phragmites at Walsingham Flats,
Rowan Mills, Middleton Swamp, Sutton CA,
Waterford North CA, Haldimand CA and
Dereham Wetlands.
• Establishment of 150 acres of cover crops,
funded by Environment and Climate
Change Canada’s Integrated Conservation
Action Plan (ICAP).
ALUS Elgin continues their collaborative
environmental stewardship efforts, adding 94
acres of land into the program in 2020 thereby
bringing the total acres to 544. The restored land
supports alternative use for marginal farmland by
establishing tallgrass prairie, tree plantings and
wetlands.
Drinking Water Source
Protection
Developed throughout 2019 and submitted in
January 2020, an amended Assessment Report
and Source Protection Plan for the village of
Otterville was approved by the Province.
A two-part Long Point Region Source Protection
Plan update came into effect in May 2020. The
Source Protection Plan presents a history of the
Clean Water Act and source protection planning,
sets out the objectives of the Protection Plan,
describes the Long Point Region watershed and
identifies the policies and programs involved. The
Source Protection Plan and additional information
can be found on the Lake Erie Source Protection
Region website, sourcewater.ca.
2020 Annual Report Long Point Region Conservation Authority 9
Page 80 of 405
Water Quality Monitoring
Several program partnerships with the Ministry
of Environment, Conservation and Parks depend
on water quality data collected by LPRCA. The
Provincial Water Quality Monitoring Program
(PWQMN), the Provincial Groundwater Monitoring
Network (PGMN) and the Ontario Benthos
Biomonitoring Network (OBBN) support LPRCA
and our partners to monitor the changing
watershed conditions and facilitate data-lead
management of our water resources.
2020 sampling saw a delayed start, however
LPRCA collected surface water from nine PWQMN
sites, measured groundwater levels at 11 PGMN
wells and sampled 10 sites for aquatic benthic
invertebrates.
Tree Planting
Despite a year of uncertainty and restrictions,
LPRCA planted 32,955 trees throughout the
watershed:
• 13,695 trees were planted through Forests
Ontario’s 50 Million Trees Program.
• 6,400 trees were planted as part of the
Ontario Horticultural Trades Foundation’s
Highway of Heroes Program.
• 10,110 trees were planted with funding
support from Ontario Power Generation.
• 319 trees were planted within the
Municipality of Bayham and the Township of
South-West Oxford as part of LPRCA’s Trees
for Roads Program.
• 2,431 seedlings sales were made through
LPRCA’s Private Land Tree Planting
Program.
10 Long Point Region Conservation Authority 2020 Annual Report
Page 81 of 405
Connecting
People to
Nature
Conservation Areas & Land
Holdings
Long Point Region Conservation Authority owns
11,087 acres of conservation lands, including five
parks with a total of 682 campsites. 2020 was an
unconventional year and the camping season was,
inevitably, impacted by the pandemic. Though
the situation was changing on a near-daily basis,
LPRCA was able to find creative ways to adapt our
services and provide safe access to healthy outdoor
fun and adventure.
LPRCA carefully monitored provincial and local
health unit guidelines, adjusting safety processes
as required to ensure the wellbeing of staff and
the public. In June, LPRCA was able to open our
campgrounds to seasonal campers, followed by
the resumption of overnight camping for self-
contained camping units in July. Working with
the provider of our campsite reservation system,
LPRCA implemented a day-use reservation
system to ensure the number of visitors to each
Conservation Area remained manageable and safe.
2020 Annual Report Long Point Region Conservation Authority 11
Page 82 of 405
Despite the often-changing restrictions and
limitations on services that could be provided,
LPRCA was able to offer a safe and enjoyable
experience for seasonal campers, overnight
campers and day-use visitors.
Various improvement projects were completed
across LPRCA’s campgrounds:
• The creation of a new wetland and
interpretive trail at the Backus Heritage
Conservation Area. Near the entrance to the
park, the loop trail leads visitors over to the
wetland, showcasing the natural diversity
and rich ecosystems of wetland areas.
• Backus Heritage Conservation Area had
a native seed garden planted as part of
a volunteer partnership to increase the
availability of local native wildflower seeds
for future restoration projects throughout
the watershed.
• Seven Deer Creek Conservation Area sites
were upgraded with hydro and water
hookups, and nine sites were converted to
premium status.
• The final phase of a three-part upgrade
project at Waterford North Conservation
Area began in 2020, to support the upgrade
of 52 sites in 2021.
Forest Management
LPRCA manages our forest tracts with a focus
on enhancing watershed health and protecting
wildlife habitat and species at risk.
2020 was an active field season for LPRCA. Some
project highlights include:
• 285 acres of land across four LPRCA-
managed tracts were surveyed to collect
data on species at risk and provincially rare
plants and vegetation.
• 9-1-1 response signs were installed at forest
tracts throughout Norfolk County and the
Municipality of Bayham in 2020. Haldimand
County, Brant County and Oxford County
properties will have signage in place by
spring 2021. Once installed, the 9-1-1 signage
will enhance safety on LPRCA properties
and supplement the new interactive
property map available on LPRCA’s website.
• Four properties, amounting to a total of
293 acres, were marked and tendered for
harvest.
Long Point Region Conservation Authority 2020 Annual Report 12
Page 83 of 405
Several LPRCA properties are also involved in
environmental studies and research projects.
Projects in 2020 included:
• Dr. Altaf Arain of McMaster University has
been monitoring the Wilson Tract since 2011,
to study carbon exchange in temperate
deciduous forests in southern Ontario.
• Birds Canada conducted studies for their
Ontario Forest Birds at Risk program,
monitoring several LPRCA properties for
species such as the Acadian Flycatcher and
the Cerulean Warbler.
• In 2001, a partnership was established with
the MNRF to conduct a study on the Landon
Tract to examine how opening gaps in the
forest canopy impacts the growth of trees
with moderate shade tolerance. Using data
from the first stage of the study, in 2020
eight new gaps were formed in the canopy
throughout the tract to promote growth of
Oak and Carolinian species.
Conservation Stewardship Award
Mike O’Dwyer has been selected as the recipient
of the 2020 Long Point Region Conservation
Stewardship Award, having been nominated by
ALUS Norfolk for his extensive contributions to
conservation in the Long Point Region watershed.
Mr. O’Dwyer, a farmer in Simcoe, applies best
management practices to ensure sustainable use
of the land. Active in his community, Mr. O’Dwyer
works with organizations including the Norfolk
Federation of Agriculture and ALUS Norfolk.
The preservation of habitat for native species
is of particular interest to Mr. O’Dwyer and he
has undertaken numerous wetland and forest
restoration projects. Since 2008, over 28,000 trees
have been planted on his property. Cultivating
native species while monitoring for invasive ones
has provided ample room for both plants and
wildlife to thrive. Long Point Region Conservation
Authority is proud to have worked with Mr.
O’Dwyer on several restoration projects and we
thank him for his tireless efforts to protect the
environment in the Long Point Region watershed.
2020 Annual Report Long Point Region Conservation Authority 13
Page 84 of 405
Backhouse Homestead Heritage
Designation
On September 22, 2020, Norfolk County approved
a by-law designating the Backhouse Homestead,
located in the Backus Heritage Conservation Area,
under the Ontario Heritage Act. The designation
serves as a means for a municipality to publicly
acknowledge the heritage value of a site and helps
ensure the conservation of important places for
the benefit and enjoyment of present and future
generations. The Homestead is a key feature of the
Backhouse Historic Site which also includes the
1798 Backhouse Grist Mill National Historic Site.
The Backhouse Homestead in approximately 1930.
The Backhouse Homestead as it is today.
John Backhouse and his family arrived in
Walsingham in 1796 from the Niagara region,
constructing and settling in a single-room log
cabin before building a larger home in 1799.
The brick Homestead that still sits atop the hill
overlooking the bright red mill was built in the
early 1850s by his grandson, John H. Backhouse for
his wife Sarah Dedrick.
Completed in 1852, this 15-room home has brick
walls that are three layers thick and are made
using clay taken directly from the surrounding
property. In 1956, the Big Creek Conservation
Authority purchased the property including the
homestead from the Backus family (who had
shortened their family name) with the intention
of developing the heritage village that is found
on the site today. In the 1970s, the homestead
underwent a major renovation and was used as the
14 Long Point Region Conservation Authority 2020 Annual Report
Page 85 of 405
headquarters of Bird Studies Canada.
Originally, the homestead had a large wooden
pagoda-style porch that extended around the
full house. This was removed in the early 1920s
in favour of an Italian piazza-style front porch. In
the 1990s, a replica of the original porch was re-
installed at the front of the home and is what
remains there today. The Backhouse Homestead
is a fascinating cultural site and a great example
of a mid-19th century middle-class home. Backus
Heritage Conservation Area is steeped in history
and is truly a must-see destination.
Website Launch
In December 2020, LPRCA launched a new website
to better serve our partners and communities.
LPRCA staff spent the year refining content to
create a clean and modern site that presents
information that is accurate and easy to navigate.
The new site is fully compliant with the
Accessibility for Ontarians with Disabilities Act
(AODA), ensuring that all visitors to the site can
access content in a format that suits their needs.
Mobile usability was also a key requirement, with
up to 72% of visitors accessing lprca.on.ca from
mobile devices. Now the site scales dynamically to
the size of the screen being used.
Additional enhancements and features were also
added to improve user experience, including a
search bar, interactive mapping tools that show
what areas of the Long Point Region Watershed
are regulated under the Conservation Authorities
Act and near-real-time data charts that showcase
the information LPRCA’s gauges collect. Further
website enhancements will be made in 2021, with
features like online donation processing and flood
status email alerts coming soon.
2020 Annual Report Long Point Region Conservation Authority 15
Page 86 of 405
Virtual Memorial Forest Service
To protect the health and safety of LPRCA staff
and our communities, the annual Memorial Forest
Dedication Service was held virtually in 2020. A
service was filmed, featuring LPRCA Chair Michael
Columbus, Lay Worship Leader Phyllis Buchner
and musicians Brenda Atkinson, Joe Rohrer and
Jody Dedrick. The video premiered on YouTube on
September 20, 2020. With support from Backus
park staff, the recorded service was also featured
footage of the memorial trees being planted. Strict
COVID-19 protocols were followed to safely produce
the virtual event, allowing friends and family
from around the world to reflect on and cherish
memories of their loved ones who have passed.
Land Donations
Land donations to LPRCA benefit the watershed
by preserving important natural areas. In 2020,
LPRCA was fortunate to receive a land donation
from Sharon Clarmo, Lynda Allman, Cathy Gage
and Dianne Lang in memory of their parents
Robert and Lucy Gage, and their brother Bill. The
50-acre property, now the Gage Tract, was the
dowry of Roxa Beemer when she married William
Gage in 1892. It has been passed down through the
family since, now being donated to LPRCA by Roxa
and William’s great-granddaughters.
In Memoriam - Craig Ashbaugh
It is with sadness that Long
Point Region Conservation
Authority notes the passing
of Craig Ashbaugh in
November 2020. Craig was
the Vice-Chair of the Long
Point Region Conservation
Authority Board of Directors
from 2001 through 2006,
also stepping into the role
of Chair from September to
December 2006. During his
time with LPRCA, Craig was
a member of numerous committees, including
the Budget Committee, the 2003 Fundraising
Committee and the 2005 Safety Committee.
Extensively passionate about the health and
wellbeing of the environment, Craig was
appointed as the inaugural Chair of Lake Erie
Source Protection Committee, a position he held
from November 2007 through July 2015. It was
with his leadership that the Source Protection
Committee developed Source Protection Plans
for the Catfish Creek, Grand River, Kettle Creek
and Long Point Region Source Protection Areas. A
lifetime educator and conservationist, Craig will be
greatly missed.
Long Point Region Conservation Authority 2020 Annual Report 16
Page 87 of 405
2020 Financial Highlights
2020 Revenue Municipal Levy - Operating
Municipal Levy - Capital
Provincial Funding
Fees
Forestry Sales
Donations
Gain on Sale of Assets
Total
$
$
$
$
$
$
$
$
1,644,960
434,450
35,229
1,874,019
419,684
325,000
131,446
4,864,788
34%
9%
1%
38%
8%
7%
3%
100%
2020 Expenditures Planning and Watershed Services
Backus Heritage Conservation Area
Maintenance Operations Services
Forestry Services
Conservation Parks
Corporate Services
ALUS Elgin Partnership
Total
$
$
$
$
$
$
$
$
995,119
316,683
515,243
283,889
554,953
1,124,578
229,105
4,019,570
25%
8%
13%
7%
14%
28%
5%
100%
Use of 2020
Operating Levy
Corporate Services
Planning & Watershed Services
Backus Heritage Conservation Area
Maintenance Operations Services
Total
$
$
$
$
$
711,025
466,978
133,912
333,045
1,644,960
43%
29%
8%
20%
100%
Share of 2020
Operating Levy
Haldimand County
Norfolk County
Oxford County
Brant County
Bayham Municipality
Malahide Township
Total
$
$
$
$
$
$
$
232,601
865,971
349,760
109,970
74,792
11,866
1,644,960
14%
53%
21%
7%
4%
1%
100%
2020 Annual Report Long Point Region Conservation Authority 17
Page 88 of 405
2020 Board of Directors
Chair
Michael Columbus, Norfolk County
Vice Chair
John Scholten, Township of Norwich
Directors
Dave Beres, Town of Tillsonburg
Robert Chambers, County of Brant
Kristal Chopp, Norfolk County
Roger Geysens, Norfolk County
Ken Hewitt, Haldimand County
Tom Masschaele, Norfolk County
Stewart Patterson, Haldimand County
Ian Rabbitts, Norfolk County
Peter Ypma, Township of South West Oxford
Valerie Donnell, Municipality of Bayham &
Township of Malahide
Lee Brown Marsh Management Committee
Tom Haskett, Chair
Trevor Brown
Larry Chanda
Michael Columbus
John Scholten
Barry Smith
Backus Museum Committee
Betty Chanyi, Chair
Dave Beres Roger Geysens
Michael Columbus Heather Smith
Robert Chambers Julie Stone
Dene Elligson Madeline Wilson
LPRCA Staff
Judy Maxwell, General Manger/Secretary-Treasurer
Aaron LeDuc, Manager Corporate Services
Ben Hodi, Watershed Services Manager
Lorrie Minshall, Project Manager, Watershed Services
Helen Bartens, Assistant Curator
Bonnie Bravener, Resource Technician
Kim Brown, Marsh Manager
Jeff Calliauw, Carpenter
Matthew Churley, Water Resources Analyst
Zachary Cox, Marketing Coordinator
Nathan Dunbar, Operations Support
Paul Gagnon, Lands & Waters Supervisor
Brandon Good, Superintendent of Conservation Areas
Carolyn Jacques, Accounting & Administration Supervisor
Jumanah Khan, ALUS Elgin Coordinator
Leigh-Anne Mauthe, Supervisor of Planning Services
Dana McLachlan, Administrative Assistant
Nicole Petker, Outdoor Educator
David Proracki, Natural Hazards Technician
Chris Reinhart, Forestry Technician
Frank Schram, Workshop Supervisor
Nicole Sullivan, Reception
Debbie Thain, Supervisor of Forestry
Ginny Vanlouwe, Accounting Clerk
And our many seasonal staff and summer students
Long Point Region Conservation Authority 2020 Annual Report 18
Page 89 of 405
Long Point Region Watershed
2020 Annual Report Long Point Region Conservation Authority 19
Page 90 of 405
Member of the
Conservation Ontario Network
4 Elm Street, Tillsonburg, Ontario N4G 0C4
Phone: 519-842-4242
Toll free: 1-888-231-5408
Fax: 519-842-7123
Email: conservation@lprca.on.ca
www.lprca.on.ca
@lpr_ca
@LongPointConservation
@longpointca
THANK YOU TO OUR MUNICIPAL PARTNERS
Municipality of Bayham / County of Brant / Haldimand County / Town of Tillsonburg
Township of Malahide / Norfolk County / Township of Norwich / Township of South West Oxford
Page 91 of 405
LONG POINT REGION CONSERVATION
AUTHORITY
Financial Statements
December 31, 2020
Page 92 of 405
LONG POINT REGION CONSERVATION AUTHORITY
INDEX TO THE FINANCIAL STATEMENTS
DECEMBER 31, 2020
Page(s)
Management Report 1
Independent Auditor’s Report 2 – 3
Statement of Financial Position 4
Statement of Operations and Change in Accumulated Surplus 5
Statement of Changes in Net Financial Assets 6
Statement of Cash Flows 7
Notes to the Financial Statements 8 – 16
Schedule 1 – Schedule of Deferred Revenue 17
Schedule 2 – Schedule of Tangible Capital Assets 18
Schedule 3 – Schedule of Internally Restricted Reserves 19
Schedule 4 – Schedule of Externally Restricted Reserves 20
Schedule 5 – Schedule of Segmented Reporting 21 – 22
Page 93 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 1
MANAGEMENT REPORT
Management’s Responsibility for the Financial Statements
The accompanying financial statements are the responsibility of the management of Long Point
Region Conservation Authority and have been prepared by management in accordance with
Canadian public sector accounting standards. Management is also responsible for the notes to the
financial statements, schedules and the integrity and objectivity of these financial statements. The
preparation of financial statements involves the use of estimates based on management’s
judgment to which management has determined such amounts on a reasonable basis in order to
ensure that the financial statements and any other supplementary information presented are
consistent with that in the financial statements.
The Authority is also responsible to maintain a system of internal accounting and administrative
controls that are designed to provide reasonable assurance that the financial information is
relevant, reliable, available on a timely basis, and accurate, and that the transactions are properly
authorized and that the Authority’s assets are properly accounted for and adequately safeguarded.
The Board of Directors are responsible for ensuring that management fulfills its responsibilities for
financial reporting and internal control. The Board reviews internal financial statements on a
quarterly basis with management, as well as with the external auditors to satisfy itself that each
party is properly discharging its responsibilities with respect to internal controls and financial
reporting. The external auditors MNP LLP have full and free access to financial information and
the Board of Directors prior to the approval of the financial statements.
The financial statements have been examined by MNP LLP, the external auditors of the Authority.
The responsibility of the external auditors is to conduct an independent examination in accordance
with Canadian generally accepted auditing standards, and to express their opinion on whether the
financial statements are fairly presented in all material respects in accordance with Canadian
public sector accounting standards.
_______________________________
Michael Columbus
Chairman of the Board
_______________________________
Judy Maxwell, CPA, CGA
General Manager, Secretary/Treasurer
Tillsonburg, Canada
March 5, 2021
Page 94 of 405
Independent Auditor's Report
To the Board of Directors of Long Point Region Conservation Authority:
Opinion
We have audited the financial statements of Long Point Region Conservation Authority (the "Authority"), which
comprise the statement of financial position as at December 31, 2020, and the statements of operations and
change in accumulated surplus, changes in net financial assets and cash flows for the year then ended, and
notes to the financial statements, including a summary of significant accounting policies.
In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position
of the Authority as at December 31, 2020, and the results of its operations, changes in its net financial assets
and its cash flows for the year then ended in accordance with Canadian public sector accounting standards.
Basis for Opinion
We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities
under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial
Statements section of our report. W e are independent of the Authority in accordance with the ethical
requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other
ethical responsibilities in accordance with these requirements. W e believe that the audit evidence we have
obtained is sufficient and appropriate to provide a basis for our opinion.
Responsibilities of Management and Those Charged with Governance for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in accordance
with Canadian public sector accounting standards, and for such internal control as management determines is
necessary to enable the preparation of financial statements that are free from material misstatement, whether
due to fraud or error.
In preparing the financial statements, management is responsible for assessing the Authority’s ability to continue
as a going concern, disclosing, as applicable, matters related to going concern and using the going concern
basis of accounting unless management either intends to liquidate the Authority or to cease operations, or has
no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the Authority’s financial reporting process.
Auditor's Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free
from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our
opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in
accordance with Canadian generally accepted auditing standards will always detect a material misstatement
when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the
aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of
these financial statements.
As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional
judgment and maintain professional skepticism throughout the audit. W e also:
Identify and assess the risks of material misstatement of the financial statements, whether due to fraud
or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is
sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material
misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve
collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that
are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the Authority’s internal control.
ACCOUNTING › CONSULTING › TAX
495 RICHMOND STREET, SUITE 700, LONDON ON, N6A 5A9
T: (519) 679-8550 F: (519) 679-1812 MNP.ca
Page 95 of 405
Evaluate the appropriateness of accounting policies used and the reasonableness of accounting
estimates and related disclosures made by management.
Conclude on the appropriateness of management's use of the going concern basis of accounting and,
based on the audit evidence obtained, whether a material uncertainty exists related to events or
conditions that may cast significant doubt on the Authority’s ability to continue as a going concern. If we
conclude that a material uncertainty exists, we are required to draw attention in our auditor's report to the
related disclosures in the financial statements or, if such disclosures are inadequate, to modify our
opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report.
However, future events or conditions may cause the Authority to cease to continue as a going concern.
Evaluate the overall presentation, structure and content of the financial statements, including the
disclosures, and whether the financial statements represent the underlying transactions and events in a
manner that achieves fair presentation.
We communicate with those charged with governance regarding, among other matters, the planned scope and
timing of the audit and significant audit findings, including any significant deficiencies in internal control that we
identify during our audit.
London, Ontario Chartered Professional Accountants
March 5, 2021 Licensed Public Accountants
Page 96 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 4
STATEMENT OF FINANCIAL POSITION
AS AT DECEMBER 31, 2020
2020 2019
Financial Assets
Cash (note 3) $ 3,114,955 $ 326,464
Investments (note 4) 5,770,114 8,156,930
Accounts receivable 1,034,444 729,440
Accrued receivable 100,568 213,347
Other assets 53,376 95,788
10,073,457 9,521,969
Financial Liabilities
Accounts payable and accrued liabilities 208,655 292,099
Deferred revenue (schedule 1) 715,664 583,240
924,319 875,339
Net financial assets 9,149,138 8,646,630
Non-Financial Assets
Tangible capital assets (schedule 2) 7,476,233 7,133,523
Net assets 16,625,371 15,780,153
Commitment (note 6)
Contingent liabilities (note 10)
Accumulated Surplus
Accumulated surplus - internally restricted (schedule 3) 3,854,607 3,430,159
Accumulated surplus - externally restricted (schedule 4) 5,294,531 5,216,471
Accumulated surplus - tangible capital assets 7,476,233 7,133,523
Total accumulated surplus $ 16,625,371 $ 15,780,153
On behalf of the Board of Directors:
________________________
Michael Columbus
Chair, Board of Directors
________________________
Dave Beres
Chair, Audit and Finance Committee
Page 97 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 5
STATEMENT OF OPERATIONS AND CHANGE IN ACCUMULATED SURPLUS
FOR THE YEAR ENDED DECEMBER 31, 2020
Budget Actual Actual
2020 2020 2019
(note 5)
Revenues
Municipal levies:
General $1,644,960 $1,644,960 $1,607,452
Special 609,450 434,450 435,750
Government grants:
Provincial 35,229 35,229 35,229
Corporate services (note 7)155,478 212,710 240,737
Planning and watershed services 279,286 468,742 768,965
Forestry services 461,659 419,684 427,439
Backus Heritage conservation area 472,748 238,763 495,609
Conservation parks 1,138,300 588,900 935,089
Donations (note 8)-325,000 -
Maintenance operations services 253,680 135,799 165,498
ALUS Elgin Partnership -229,105 204,964
Gain on disposal of tangible
capital assets (note 9)-131,446 643,574
Total Revenues 5,050,790 4,864,788 5,960,306
Expenditures
Corporate services 1,222,074 1,124,578 1,173.603
Planning and watershed services 776,307 995,119 1,195,483
Forestry services 386,197 283,889 395,589
Backus Heritage conservation area 606,661 316,683 606,313
Conservation parks 863,376 554,953 728,079
Maintenance operations services 586,725 515,243 544,479
ALUS Elgin Partnership - 229,105 204,964
Total expenditures 4,441,340 4,019,570 4,848,510
Annual Surplus $609,450 $845,218 $1,111,796
Accumulated surplus, beginning of the
year 15,780,153 15,780,153 14,668,357
Accumulated surplus, end of the year $16,389,603 $16,625,371 $15,780,153
Page 98 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 6
STATEMENT OF CHANGES IN NET FINANCIAL ASSETS
FOR THE YEAR ENDED DECEMBER 31, 2020
Budget Actual Actual
2020 2020 2019
(note 5)
Annual Surplus $609,450 $845,218 $1,111,796
Acquisition of tangible capital assets (963,450)(238,936)(705,083)
Donated tangible capital assets -(325,000)-
Gain on disposal of tangible capital assets -(131,446)(643,574)
Proceeds on disposal of tangible capital assets -131,491 662,698
Amortization of tangible capital assets -221,181 185,672
Change in net financial assets (354,000)502,508 611,509
Net financial assets, beginning of year 8,646,630 8,646,630 8,035,121
Net financial assets, end of year $8,292,630 $9,149,138 $8,646,630
Page 99 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 7
STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31, 2020
2020 2019
Cash Flows from Operating Activities
Operating activities:
Annual Surplus $845,218 $1,111,796
Items not affecting cash:
Amortization of tangible capital assets 221,181 185,672
Gain on disposal of tangible capital assets (131,446)(643,574)
Donated tangible capital assets (325,000)-
609,953 653,894
Change in non-cash working capital:
Accounts receivable (305,004)(511,024)
Accrued receivable 112,779 (139,511)
Other receivables 42,412 (26,792)
Accounts payable and accrued liabilities (75,491)8,742
Long term liabilities (7,953) (7,858)
Deferred revenue 132,424 (297,874)
509,120 (320,423)
Investing activities:
Acquisition of tangible capital assets (238,936)(705,083)
Change in investments 2,386,816 279,795
Proceeds on disposal of tangible capital assets 131,491 662,698
2,279,371 237,410
Change in cash 2,788,491 (83,013)
Cash, beginning of year 326,464 409,477
Cash, end of year $3,114,955 $326,464
Page 100 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 8
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
1. Purpose of the Organization
Long Point Region Conservation Authority (the “Authority”) is a special purpose environmental
body established under the Conservation Authorities Act of Ontario and works with member
municipalities, other stakeholders, and undertakes programing to protect, restore and manage
the natural resources and features in the Long Point Region Watershed.
2. Significant Accounting Policies
The financial statements of Long Point Region Conservation Authority are the representation of
management, prepared in accordance with Canadian public sector accounting standards for local
governments as recommended by the Public Sector Accounting Board (PSAB) of the Chartered
Professional Accountants of Canada. The policies that are considered to be particularly
significant are as follows:
[a] Revenue Recognition
The Authority follows the deferral method of accounting for contributions and government
transfers. Restricted contributions and government transfers are deferred and are recognized as
revenues in the year in which the related expenses are incurred or services performed.
Unrestricted contributions and government transfers are recognized as revenues in the period in
which events giving rise to the revenue occur, provided that the transactions are authorized, any
eligibility criteria have been met, and a reasonable estimate can be made of the amount to be
received.
General grants and levies are recognized in the period they pertain to.
Corporate services, Planning and watershed services, Forestry services, Conservation parks and
Maintenance operations services are recognized as the related expenses are incurred and the
services are provided.
Interest and investment income is recognized on the accrual basis as it is earned.
[b] Accrual Accounting
Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis
of accounting recognizes revenues as they become available and measurable; expenditures are
recognized as they are incurred and measurable as a result of receipt of goods or services and
the creation of a legal obligation to pay.
Page 101 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 9
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
2. Significant Accounting Policies (continued from previous page)
[c] Internal Transactions
All inter-departmental revenues and expenditures have been eliminated for these financial
statements.
[d] Investments
All of the investments are carried at amortized cost using the effective interest rate method. The
Board of Directors has the intention to hold investments until maturity.
[e] Reserve Fund Balances
Internally restricted reserves are those with restrictions imposed by the Board of Directors in order
to ensure funds are available for financial relief in the event of a significant loss of revenues or
other financial emergency for which there is no other source of funding available. Internally
restricted funds are as follows:
(i) The Education Centre Maintenance Fund for the maintenance of the Backus Conservation
Education Centre.
(ii) The OPG Forest Corridor Fund for the long-term monitoring of forest areas.
(iii) The Memorial Woodlot fund for the donations to the Memorial Woodlot Fund and cost to
Memorial Woodlot Fund at Backus.
(iv) The Lee Brown Waterfowl M.A. Capital Replacement Fund for the capital replacements of
Lee Brown Waterfowl M.A.
(v) The Capital Levy fund for capital additions, replacements or improvements within the
authority.
(vi) The Dam Fund is for maintenance and capital upgrades to LPRCA owned flood control
structures
(vii) The Administration Office Fund is for the future acquisition of office space that meets the
organization’s needs.
(viii) The Strategic Investments in Operation/Capital Fund is for investment in operations and
capital alignment with the organization’s strategic plan.
Externally restricted reserves are those with restriction imposed by individuals external to the
Board of Directors. Externally restricted funds are as follows:
(i) Revenues and expenditures related to the Backus Heritage Village are recorded in the
Backus Heritage Village Trust Fund.
(ii) Revenues and expenditures related to the Leighton and Betty Brown scholarships are
recorded in the Leighton and Betty Brown Scholarship Fund.
(iii) Disposition of Lands Reserve shall use the funds for dam duties and repairs, flood hazard
mapping and flood forecasting tools.
Page 102 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 10
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
2. Significant Accounting Policies (continued from previous page)
[f] Tangible Capital Assets
Tangible capital assets are recorded at cost which includes amounts that are directly attributable
to acquisition, construction, development or betterment of the asset. The cost, less residual
values, of the tangible capital asset, excluding land and landfill sites, are amortized on a straight-
line basis over their estimated useful lives as follows:
Asset Useful Life -Years
Land improvements 20 years
Buildings and building improvements 20 - 50 years
Machinery & equipment 20 years
Furniture and fixtures 10 years
Computers 5 years
Motor vehicles 10 years
Infrastructure 10 - 50 years
Amortization is charged in the year of acquisition and in the year of disposal. Assets under
construction are not amortized until the asset is available for productive use.
Contributed tangible capital assets are recorded into revenues at their fair market values on the
date of a donation.
[g] Donations
Unrestricted donations are recorded as revenue in the year they are received. Externally
restricted donations are deferred and recognized as revenue in the year in which the related
expenses are recognized. Donated materials and services are recorded as revenue and
expenditure when the fair market value of the materials and services donated is verifiable, only to
the extent the Authority has issued a charitable donation receipt for those materials and services.
[h] Use of Estimates
The preparation of the financial statements of the Authority, in conformity with Canadian public
sector accounting standards, requires management to make estimates that affect the reported
amount of assets and liabilities and the disclosure of contingent liabilities, at the date of the
financial statements and the reported amounts of revenues and expenses during the period.
Actual results may differ from these estimates.
Page 103 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 11
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
2. Significant Accounting Policies (continued from previous page)
[i] Contaminated Sites
Contaminated sites are the result of contamination being introduced in air, soil, water or sediment
of a chemical, organic, or radioactive material or living organism that exceed an environmental
standard. A liability for remediation of contaminated sites is recognized, net of any expected
recoveries, when all of the following criteria are met:
(i) an environmental standard exists;
(ii) contamination exceeds the environmental standard;
(iii) LPRCA is directly responsible or accepts responsibility for the liability;
(iv) future economic benefits will be given up; and
(v) a reasonable estimate of the liability can be made.
[j] Deferred Revenue
The Authority receives contributions principally from public sector bodies pursuant to legislation,
regulations or agreements that may only be used for certain programs or in the completion of
specific work. These amounts are recognized as revenue in the fiscal year the related
expenditures are incurred or service is performed.
[k] Financial instruments
(i) Measurement of financial instruments
The Authority initially measures it financial assets and financial liabilities at fair value
adjusted by, in the case of a financial instrument that will not be measured
subsequently at fair value, the amount of transaction costs directly attributable to the
instrument.
The Authority subsequently measures its financial assets and financial liabilities at
amortized cost.
Financial assets measured at amortized cost include cash, accounts receivable and
accrued receivables.
Financial liabilities measured at amortized cost include accounts payable and
accrued liabilities and long term liabilities.
Page 104 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 12
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
2. Significant Accounting Policies (continued from previous page)
(ii) Impairment
Financial assets measured at amortized cost are tested for impairment when there
are indicators of possible impairment. When a significant adverse change has
occurred during the period in the expected timing or amount of future cash flows
from the financial asset or group of assets, a write-down is recognized in the
Statement of Operations and Changes in Accumulated Surplus. The write-down
reflects the difference between the carrying amount and the higher of:
a) the present value of the cash flows expected to be generated by the asset or
group of assets;
b) the amount that could be realized by selling the assets or group of assets;
c) the net realizable value of any collateral held to secure repayment of the assets
of group of assets.
When the event occurring after the impairment confirms that a reversal is necessary,
the reversal is recognized in the Statement of Operations and Accumulated Surplus
up to the amount of the previously recognized impairment.
3. Cash
Cash consists of cash on hand and all bank account deposits. The cash balance is comprised of
the following:
2020 2019
General $3,001,778 $312,387
Externally restricted:
Backus Heritage Village 49,412 9,912
Leighton and Betty Brown Scholarship 63,765 4,165
$3,114,955 $326,464
General cash includes a bank account earning interest at 0.65% (2019 – 1.75%).
Page 105 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 13
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
4. Investments
The Authority holds short-term guaranteed investment certificates, money market funds and cash
within their investments. The investment balance is comprised of:
2020 2019
Government and corporate bonds, maturing at various dates
between 2021 and 2035, yields varying between 1.50% and
4.859% $3,525,000 $3,580,000
Guaranteed investment certificates maturing at various dates in
2021, yields varying between 0.55% and 2.0% 84,614 2,479,662
Principal protected notes - fixed income note, yields varying
between 0% and 7.5% 2,000,000 2,000,000
Money market funds, no specified maturity or yield 7,389 9,167
Cash 96,921 44,607
5,713,924 8,113,436
Plus: accrued interest 17,055 15,064
Plus: unamortized purchase premium 39,135 28,430
56,190 43,494
$5,770,114 $8,156,930
5. Budget Figures
The unaudited budget data presented in theses financial statements are based upon the 2020
operating and capital budgets approved by the Board of Directors on January 8, 2020.
6. Commitment
The Authority rents a premise under a long-term operating lease that expires October 2023, with
three optional renewal periods. The operating lease payments are as follows:
2021 106,563
2022 108,694
2023 87,406
$302,663
Page 106 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 14
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
7. Investment Income
Included in corporate services revenue is interest income on investments of $62,490 (2019 -
$79,368).
8. Donation
The Authority received a land donation recognized at fair market value on the contribution date of
$325,000.
9. Disposition of Lands
The Authority disposed of a property in 2019 under a lease to own agreement. An early transfer
date of February 2021 was initiated and approved subsequent to year end. As such the proceeds
will be received for the property over 3 fiscal periods (2019 – 2021) and the Authority recognized
a gain on the sale of $124,398 in 2020. The Authority shall use the proceeds for specific
purposes. As at December 31, 2020 the Authority has an externally restricted reserve (Lands
disposition reserve) balance of $226,260 for the funds received.
10. Contingent Liabilities
From time to time, the Authority is subject to claims and other lawsuits that arise in the course of
ordinary business, in which damages have been sought. These matters may give rise to future
liabilities for which the Authority maintains insurance coverage to mitigate such risks. The
outcome of these actions is not determinable, and accordingly, no provision has been made in
these financial statements for any liability that may result. Any losses arising from these actions
will be recorded in the year in which the related litigation is settled.
11. Pension Agreements
The Authority makes contributions to the Ontario Municipal Employees Retirement System
(“OMERS”) plan, which is a multi-employer plan, on behalf of full-time and qualifying part-time
employees. The plan is a defined benefit pension plan, which specifies the amount of the
retirement benefit to be received by employees based on the length of service, pension formula
and employee earnings. Employees and employers contribute equally to the plan. In 2020, the
Authority’s contribution to OMERS was $160,161 (2019 – $126,849).
The latest available report for the OMERS plan was December 31, 2019. At that time the plan
reported a $3.4 billion actuarial deficit (2018 - $4.2 billion deficit), based on actuarial liabilities of
$106.4 billion (2018 - $99.1 billion) and actuarial assets of $103.0 billion (2018 - $94.9 billion).
Ongoing adequacy of the current contribution rates will need to be monitored and may lead to
increased future funding requirements.
Page 107 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 15
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
11. Pension Agreements (continued from previous page)
As OMERS is a multi-employer pension plan, any pension plan surpluses or deficits are a joint
responsibility of all eligible organizations and their employees. As a result, LPRCA does not
recognize any share of the OMERS pension actuarial surplus or deficit.
12. Segmented information
The Authority provides a range of services. Distinguishable functional segments have been
separately disclosed in the segmented information schedule. The nature of those segments and
the activities they encompass are as follows:
Corporate services
Corporate services is comprised of Governance and general administration. These areas include the
Board of Directors, Office of the General Manager, Administration, Accounting and Finance,
Communications, Information Services and Human Resources.
Planning and Watershed
Planning and watershed provides services related to property development, technical reviews,
operation of flood control structures, flood forecasting and warning, restoration programming, source
water protection and water quality monitoring.
Forestry services
Forestry is comprised of Stewardship services and Forestry. Stewardship provides tree planting,
restoration and establishment programs. Forestry sustainably manages the Authority’s forest tracts
resources.
Backus Heritage conservation area
Backus Heritage Conservation Area provides conservation education programing, heritage
programming, recreational and camping activities and is home to the Backhouse National Historic Site.
Conservation parks
Conservation parks provides recreational and camping activities at: Deer Creek Conservation Area,
Haldimand Conservation Area, Norfolk Conservation Area and Waterford North Conservation Area.
Maintenance operations services
Maintenance Operations Services provides property, plant and equipment maintenance services and
includes the Lee Brown Marsh.
ALUS Elgin Partnership
Alternative Land Uses Services (ALUS) Elgin Partnership provides ecosystem services on agricultural
lands in Elgin County.
Page 108 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 16
NOTES TO THE FINANCAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2020
13. Financial instruments and risks
Unless otherwise noted, it is management's opinion that the Authority is not exposed to significant
risks. There have been no changes in the Authority's risk exposures from the prior year.
Credit risk
The Authority is exposed to credit risk through its cash and accounts receivable. The Authority
reduces its exposure to credit risk by creating an allowance for bad debts when applicable. The
majority of the Authority’s receivables are from government entities. The Authority mitigates its
exposure to credit loss by placing its cash with major financial institutions.
Liquidity risk
Liquidity risk is the risk that the Authority will not be able to meet its obligations as they become
due. The Authority manages this risk by establishing budgets and funding plans to fund its
expenses.
14. Comparative Figures
The financial statements have been reclassified, where applicable, to conform to the presentation
used in the current year. The changes do not affect prior year annual surplus.
15. Significant Events
The COVID-19 (coronavirus) pandemic has had a significant impact on businesses and
organizations through the restrictions put in place by the Canadian, provincial and municipal
governments regarding travel, business operations and isolation/quarantine orders. At this time,
it is unknown the extent of the impact the COVID-19 outbreak may have on the Authority as this
will depend on future developments that are highly uncertain and that cannot be predicted with
confidence. These uncertainties arise from the inability to predict the ultimate geographic spread
of the disease, and the duration of the outbreak, including the duration of travel restrictions,
business closures or disruptions, and quarantine/isolation measures that are currently, or may be
put, in place by Canada and other countries to fight the virus. The Authority continues to provide
services throughout the watershed and no changes to essential services funding are anticipated
for the coming year.
In December 2020 the Province of Ontario approved Bill 229, Ontario’s Budget Measures Act,
including Schedule 6 amendments will directly impacts Conservation Authorities. The extent of
the impact is unknown at this time. The Authority anticipates Bill 229 amendments to impact fiscal
2022 and beyond.
Page 109 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 17
SCHEDULE 1 –SCHEDULE OF DEFERRED REVENUE
FOR THE YEAR ENDED DECEMBER 31, 2020
2020 2019
Balance, beginning of year $583,240 $881,114
Externally restricted contributions 534,121 370,535
Interest earned, restricted 90,774 139,325
Contributions used in operations (492,471)(807,734)
Balance, end of year $715,664 $583,240
Page 110 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 18
SCHEDULE 2 –SCHEDULE OF TANGIBLE CAPITAL ASSETS
FOR THE YEAR ENDED DECEMBER 31, 2020
For the year ended December 31, 2020
2020
Opening
Balance Additions Disposals
Balance End
of Year
Accumulated
Amortization
Beginning
of Year Reversals Amortization
Accumulated
Amortization End
of Year
Net Carrying
Amount
End
of Year
Land 4,276,193$ 329,089$ 45$ 4,605,237$ -$ -$ -$ -$ 4,605,237$
Land improvements 75,047 1,338 -76,385 4,954 -3,752 8,706 67,679
Buildings 2,182,594 6,951 -2,189,545 1,069,808 -44,066 1,113,873 1,075,672
Machinery and equipment 453,183 13,278 -466,461 197,510 -20,427 217,937 248,524
Furniture and fixtures 7,611 984 -8,595 565 -860 1,424 7,171
Computers 236,048 9,898 -245,946 215,419 -10,525 225,945 20,001
Motor vehicles 507,959 68,830 -576,789 269,721 -47,634 317,355 259,434
Infrastructure 1,706,300 133,568 -1,839,868 553,437 -93,916 647,353 1,192,515
Total 9,444,935$ 563,936$ 45$ 10,008,826$ 2,311,413$ -$ 221,181$ 2,532,594$ 7,476,233$
For the year ended December 31, 2019
2019
Opening
Balance Additions Disposals
Balance End
of Year
Accumulated
Amortization
Beginning
of Year Reversals Amortization
Accumulated
Amortization End
of Year
Net Carrying
Amount
End
of Year
Land 4,281,194$ -$ 5,000$ 4,276,193$ -$ -$ -$ -$ 4,276,193$
Land improvements 19,733 55,314 -75,047 4,094 -859 4,954 70,094
Buildings 2,085,838 96,756 -2,182,594 1,026,090 -43,719 1,069,808 1,112,787
Machinery and equipment 410,992 64,028 21,836 453,183 187,826 10,251 19,935 197,510 255,673
Furniture and fixtures 3,765 3,846 -7,611 188 -377 565 7,047
Computers 227,702 8,347 -236,048 206,291 -9,128 215,419 20,629
Motor vehicles 458,641 70,765 21,447 507,959 245,623 18,908 43,006 269,721 238,238
Infrastructure 1,300,271 406,027 -1,706,300 484,790 -68,648 553,437 1,152,862
Total 8,788,136$ 705,083$ 48,283$ 9,444,935$ 2,154,902$ 29,160$ 185,672$ 2,311,413$ 7,133,523$
Cost Accumulated Amortization
Cost Accumulated Amortization
Page 111 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 19
SCHEDULE 3 –SCHEDULE OF INTERNALLY RESTICTED RESERVES
FOR THE YEAR ENDED DECEMBER 31, 2020
Balance,
beginning of
year
Transfer from
operations
Transfer to
operations
Balance,
end of year
Education Centre $ 50,880 $ - $ - $ 50,880
OPG Forest Corridor 45,328 - - 45,328
Memorial Woodlot 13,688 1,592 - 15,280
Lee Brown Waterfowl Capital 14,676 2,575 - 17,251
Dam Reserve 50,000 - - 50,000
Administration Office 569,567 - - 569,567
Strategic Investments in operations/capital 255,645 - - 255,645
Capital Levy 361,554 434,450 298,455 497,549
Unrestricted Reserve 2,068,821 328,541 44,255 2,353,107
$ 3,430,159 $ 767,158 $ 342,710 $3,854,607
Page 112 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 20
SCHEDULE 4 –SCHEDULE OF EXTERNALLY RESTICTED RESERVES
FOR THE YEAR ENDED DECEMBER 31, 2020
Balance,
beginning of
year
Excess
revenue over
expenditures
Transfer to
internally
restricted
Balance, end of
year
Backus Heritage Village $ 69,974 $ 1,500 $ - $ 71,474
Leighton & Betty Brown Scholarship 123,997 300 - 124,297
Backus Woods 4,872,500 -- 4,872,500
Disposition of Lands Reserve 150,000 76,260 - 226,260
$ 5,216,471 $ 78,060 $ - $ 5,294,531
Page 113 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 21
SCHEDULE 5 –SCHEDULE OF SEGMENTED REPORTING (continued)
FOR THE YEAR ENDED DECEMBER 31, 2020
2020 Schedule of Segmented Reporting
Corporate
services
Planning and
watershed
services
Forestry
services
Backus
Heritage
conservation
area
Conservation
parks
Maintenance
operations
services
ALUS Elgin
Partnership
2020
Total
Revenue:
Levies $711,025 $573,939 -$133,913 -$660,533 - $2,079,410
Grants -35,229 -----35,229
Fees 212,710 468,742 -238,763 588,900 135,799 229,105 1,874,019
Forestry --419,684 ----419,684
Donations 325,000 ------325,000
Gain on disposal of
tangible capital assets 131,446 ------131,446
Total revenue 1,380,181 1,077,910 419,684 372,676 588,900 796,332 229,105 4,864,788
Expenditures:
Compensation 604,264 587,843 184,205 200,680 326,593 318,166 61,309 2,283,060
Administration 236,407 7,073 770 42,188 67,444 12,012 87,770 453,664
Professional/contracted
services 140,204 336,832 57,624 9,411 41,228 13,378 67,149 665,826
Materials and supplies 16,756 16,643 41,290 14,604 35,209 19,848 12,166 156,516
Amortization 8,732 43,192 -38,722 61,220 69,316 -221,182
Repairs and
maintenance 118,215 --10,821 22,787 39,864 316 192,003
Motor pool -3,536 - 257 472 42,659 395 47,319
Total expenditures 1,124,578 995,119 283,889 316,683 554,953 515,243 229,105 4,019,570
Surplus $255,603 $82,791 $135,795 $55,993 $33,947 $281,089 -$845,218
Page 114 of 405
LONG POINT REGION CONSERVATION AUTHORITY
Page 22
SCHEDULE 5 –SCHEDULE OF SEGMENTED REPORTING
FOR THE YEAR ENDED DECEMBER 31, 2020
2019 Schedule of Segmented Reporting
Corporate
services
Planning and
watershed
services
Forestry
services
Backus
Heritage
conservation
area
Conservation
parks
Maintenance
operations
services
ALUS Elgin
Partnership
2019
Total
Revenue:
Levies $762,090 $683,316 -$152,708 -$445,088 -$2,043,202
Grants -35,229 ---- -35,229
Fees 240,737 768,965 -495,609 935,089 165,498 204,964 2,810,862
Forestry --427,439 --- -427,439
Donations ------ --
Gain on disposal of
tangible capital assets 643,574 ----- -643,574
Total revenue 1,646,401 1,487,510 427,439 648,317 935,089 610,586 204,964 5,960,306
Expenditures:
Compensation 619,286 637,266 172,428 457,498 439,226 341,976 73,289 2,740,969
Administration 235,484 6,444 801 56,414 63,127 13,175 82,816 458,261
Professional/
contracted services 182,288 503,201 132,430 19,953 105,716 7,487 28,776 979,851
Materials and Supplies 20,078 11,872 89,846 23,945 41,309 26,504 17,776 231,330
Amortization 6,852 30,117 -36,850 49,643 62,209 -185,671
Repairs and
_maintenance 109,616 6,583 84 11,225 27,815 32,770 449 188,542
Motor pool ---428 1,242 60,358 1,858 63,886
Total expenditures 1,173,604 1,195,483 395,589 606,313 728,078 544,479 204,964 4,848,510
Surplus $472,797 $292,027 $31,850 $42,004 $207,011 $66,107 -$1,111,796
Page 115 of 405
Page 1 of 2
Subject: 2020 Fourth Quarter Consolidated Financial Results
Report Number: FIN 21-09
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report FIN 21-09 2020 Fourth Quarter Consolidated
Financial results as information.
BACKGROUND
To provide Council with the actual January 1, 2020 to December 31, 2020 Town wide
consolidated financial results.
DISCUSSION
The attached appendices summarize by department the variances between 2020 actual
results for the year ended December 31, 2020 and the 2020 YTD budget.
The fourth quarter results reflect an overall Town wide consolidated 2020 draft surplus
of $209,562.
A year-end surplus is being reported due to the strong pandemic mitigation efforts
implemented by Town staff which included part-time staffing layoffs and suspension of
all non-critical recruitment (i.e. hiring freeze); training/workshops/conferences, heat-
light-water, advertising and certain subcontractor expense reductions; and reduced
service levels to recreation programs and facilities, museum and airport operations due
to mandated closures. Additionally, the financial support received by the Province
significantly assisted with mitigating the financial strain resulting from lost user-fee
revenue sources.
Page 116 of 405
FIN 21-09
Page 2 of 2
The Towns 2020 financial external audit is currently underway and, once co mpleted, a
subsequent report containing the draft financial statements and surplus
recommendation per the Towns Surplus Allocation Policy will be provided for Council
review and approval.
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 - 2020 Q4 Consolidated Operating Results
Appendix B - 2020 Q4 Consolidated Capital Results
Page 117 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Levy, PILS 17,048,700 16,980,883 (67,817)
Grants 1,055,800 1,909,632 853,832
User Charges 5,689,800 5,211,013 (478,787)
Other Revenue 313,500 345,781 32,281
Specified Revenue 6,107 6,107
Contribution from Reserves 181,600 223,246 41,646
Total Revenues 24,289,400 24,676,660 387,260
Expenditures
Labour 9,818,200 9,623,691 194,509
Purchases 4,225,400 3,543,710 681,690
Contracted Services 5,542,200 5,674,265 (132,065)
Contribution to Reserves 282,500 1,195,708 (913,208)
Interfunctional Adjustments 538,400 557,741 (19,341)
Debt Principal & Interest 1,904,800 1,894,084 10,716
Total Expenditures 22,311,500 22,489,198 (177,698)
Total Net Levy 1,977,900 2,187,462 209,562
Development Charges
DC Revenue Collected (1,170,759)
DC Contribution to Reserves 1,170,759
Page 118 of 405
2020 YTD Budget
Budget Actuals Variance
110 Corporate Services 74,800 74,800.00
130 Fleet 375,100 375,100.00
150 Fire 50,000 50,000.00
160 Police
210 Engineering 229,000 229,000.00
220 Public Works 298,500 298,500.00
240 Airport
260 Storm Sewers 77,000 77,000.00
300 Cem
450 Parks 38,000 38,000.00
460 Rec - Programs 15,000 15,000.00
465 Rec - Bldg Mtce 951,100 951,100.00
475 Museum 10,000 10,000.00
500 DCS
505 Economic Dev -
Total Town 2,118,500 2,118,500.00 0.00
Page 119 of 405
Page 1 of 3
Subject: 2020 Fourth Quarter Corporate Services Department Results
Report Number: FIN 21-10
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report FIN 21-10 2020 Fourth Quarter Corporate Services
Department results as information.
BACKGROUND
To provide Council with the actual January 1, 2020 to December 31, 2020 Corporate
Services Department financial results.
DISCUSSION
Summary of Operational Results
Table 1: 2020 Operations Business Plan
Objective Target Date Status
IT Security – THI Q2 Q4 In progress; to be continually
reviewed to ensure compliance
with OEB
Negotiate long term contract with
County for Water/Wastewater billing
Q2 Q4 Complete
Strategic Plan and Corporate Staff
Plan to meet Community Growth
Q2 2021 In process; Consultant has been
selected and review is underway.
Estimated completion June 2021.
Central Record Repository Q2 2021 Delay due to staffing vacancies
Estimated to commence Q4 2021.
Electronic Communications Media
Policy& Strategy
Q2 2021 Policy completed. Training to be
completed Q2 2021.
Review banking arrangement Q3 2021 Deferred to 2021
Page 120 of 405
FIN 21-10
Page 2 of 3
Review legal arrangement Q3 Q4 Complete
Multi-Year Budget Q4 2021 Deferred to 2021
Asset Management Plan Integrated
into 2021 Budget
Q4 2021 Deferred to 2021
Integration of County Service Plan Q4 On-going; various projects
initiated in Q4 completed in Q1
2021.
Physician Recruitment Q4 Review/revise physician
recruitment incentive matrix
completed. Physician recruitment
is on-going; some delays due to
Covid-19.
Local Government Week Q4 2021 Postponed due to COVID-19.
Table 2: 2020 Capital Business Plan
Objective Target
Date
Status
Annual Computer Replacement Q2 Q4 Complete
Contribution to Reserves from
Departmental Charges
Q4 Complete
Table 3: 2020 Additional Information
Objective Target
Date
Status
Audited 2019 Financial Statements Q2 Complete
2020 Interim Audit Q4 Complete
FINANCIAL IMPACT
The 2020 fourth quarter Corporate Services Department surplus is $460,934. This is
broken down as follows:
Department 100 – Council $14,034
Department 110 – Corporate Services 459,732
Department 120 - Customer Service (12,832)
$ 460,934
Details on major variances can be found in the attached Q4 results appendices.
Page 121 of 405
FIN 21-10
Page 3 of 3
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A - 2020 Q4 Corporate Services Operating Results
Appendix B - 2020 Q4 Corporate Services Capital Results
Page 122 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 570,600 1,253,749 683,149 (120%) 1
User Charges 65,500 163,489 97,989 (150%) 2
Other Revenue 25,000 89,506 64,506 (258%) 3
Contribution from Reserves 90,809 90,809 4
Total Revenues 661,100 1,597,553 936,453
Expenditures
Labour 1,587,300 1,566,005 21,295 (1%)
Purchases 591,000 641,039 (50,039)(8%) 5
Contracted Services 530,300 598,613 (68,313)(13%) 6
Contribution to Reserves 359,735 (359,735)7
Interfunctional Adjustments (613,300) (593,371) (19,929)(3%)
Total Expenditures 2,095,300 2,572,020 (476,720)
Total Net Levy (1,434,200) (974,467.63) 459,732
Development Charges
DC Revenue Collected (74,884)
DC Contribution to Reserves 74,884
Notes
1 OCIF Formula Funding, COVID Safe Restart phase 1
6 Legal over $30,500; Sub Contractor Exp over $32,700 -Building Maintenance over $12,100 - New locks/Fobs for doors, Door
repairs, Security; Computer Maintenance $17,100
7 OCIF formula funding contributed to reserves - $221,454; Bank interest earned relating to Reserve account $46,672 Prior Year
surplus $90,310;
3 Bank interest earned relating to Reserve account and having a positive balance in the Town's main operating account
2 Surplus refund from Benefit provider
4 Prior Year surplus
5 COVID -19 Supplies - over 117,200; Training Expense under $23,400; Special Projects under $41,000 -Staff Christmas party,
Human Resources lead functions
Page 123 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 304,100 297,135 (6,965)(2%)
Other Revenue 0
Total Revenues 304,100 297,135 (6,965)
Expenditures
Labour 461,700 480,324 (18,624)(4%)
Purchases 104,700 77,630 27,070 (26%) 1
Contracted Services 32,000 49,638 (17,638)(55%) 2
Interfunctional Adjustments (255,000) (258,292) 3,292 (1%)
Debt Principal & Interest 2,700 2,667 33 (1%)
Total Expenditures 346,100 351,967 (5,867)
Total Net Levy (42,000) (54,832) (12,832)
Notes
1 Supplies Expense under $9,700, Training under $6,700; Building/Equipment Repairs under $11,600
2 Subcontractor Expense over $17,600 - Cleaning, Snow removal and minor repairs
Page 124 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Contribution from Reserves 60,000 (60,000)(100%) 1
Total Revenues 60,000 (60,000)
Expenditures
Labour 193,300 196,762 (3,462)(2%)
Purchases 239,100 70,628 168,472 (70%) 2
Contracted Services 3,800 1,832 1,968 (52%)
Contribution to Reserves 10,000 100,485 (90,485)(905%) 3
Interfunctional Adjustments 25,500 27,959 (2,459)(10%)
Total Expenditures 471,700 397,666 74,034
Total Net Levy (411,700) (397,666) 14,034
Notes
1 Strategic Plan deferred into 2021
2 Doctor Recruitment $65,500; New Town Hall - $25,000; Strategic Plan - $60,000
3 doctor Recruitment $65,500; New Town Hall - $25,000
Page 125 of 405
2020 YTD Budget Project
Budget Actuals Variance Status
110 Corporate Services
004 Replace IT Capital
5715 IT Charge (70,000) (69,996) -4
5950 Contrib to Res 70,000 69,996 4
Total 004 Replace IT Capital Complete
020 Annual Computer Replacement
3900 Contr from Res (20,000) (16,560) (3,440)
5425 Sp Proj Exp 20,000 16,560 3,440
Total 020 Annual Computer Replacement Complete
023 Modernization
3205 Grants&S-Prov (120,000) (120,000)
5425 Sp Proj Exp 120,000 120,000
Total 023 Modernization CFWD into 2021
031 AMP Reserve
5950 Contrib to Res 74,800 74,800
Total 031 AMP Reserve 74,800 74,800 Complete
Total Capital 74,800 74,800
Total Corporate Services 74,800 74,800
Page 126 of 405
Page 1 of 9
Subject: 2020 Fourth Quarter Economic Development and Marketing Results
Report Number: EDM 21-14
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives Report DCS 21-14, 2020 Fourth Quarter Economic
Development and Marketing Results as information.
BACKGROUND
Economic Development Activity
2019 (Actual) 2020 (Target) 2020 (Actual)
Lead Files Opened 71 70 75
Lead Files Closed 64 65 60
Corporate Visits 17 24 15
Client Visits 28 20 27
New Businesses
Opened
25 15 23
Businesses Closed 8 N/A 18
Website (All Town
Pageviews)
449,447 N/A 525,108
Website Activity
(Main Business
Page)
1,770 3,400 2,048
Page 127 of 405
EDM 21-14
Page 2 of 9
Website Activity
(Business Directory)
4,781 6,400 3,056
Website Activity
(Available
land/buildings)
1,560 N/A 2,023
New Businesses
Quarter Business Name/Address
Q1 Boss Leaf – 7 Brock St E
Enchanted Eats* – 38 Ridout St W
Paper Suitcase Photography – 93 Broadway
Paul Foyster Business Consulting** – John Pound Rd
Q2 Alexandra’s Grooming Service** – Queen St
Drive Through Oil Change* – 593 Broadway
Fresh Auto – 671 Broadway
Phipps Property Maintenance**
Protrans Personal Services* – 213 Tillson Ave
Ram & Cooper Concrete Stripping** – Centennial Ave
Rinconcito – 1 Library Lane
Q3 Beauty Hunter - 150 Broadway
Delsol Havanese** – Queen St
Flippin' Mikes* – 118 Broadway
Grower Supply – 510 Broadway
Morison Insurance* – 19 Brock St W
Tillsonburg Hobby Centre – 75 Broadway
Q4 Allstaff – 107 Broadway
Lighthouse Treasures* – 147 Broadway
Detailz Plus – 20 Cat Alley
Morrison Realty* – 93 Bidwell St
Spa Marche (Inside U) – 518 Broadway
Sekond Skin – 8 Washington Grand
*Denotes business that replaced or took over an existing business/location
**Denotes Home Occupation. Starting in 2020, these businesses will be included in
new business start-ups to help identify entrepreneurial activity
Closed Businesses
Quarter Business Name/Address
Q1 Cup & Cake* - 38 Ridout St W
Q2 Corner Griddle* - 118 Broadway
Handmaiden – 200 Broadway
Page 128 of 405
EDM 21-14
Page 3 of 9
Lucky Chinese Buffet – 38 Oxford St
Mobile Links – 75 Broadway
Pro Oil* - 593 Broadway
Wimpy's Diner – 116 Simcoe St
Q3 Corey's Restaurant – 10 Brock St E
ER Adams* - 19 Brock St W
Gospel Lighthouse* - 147 Broadway
King Mattress – 510 Broadway
Pic this Studio* - 93 Broadway
S&D Country Market – 213 Lisgar Ave
Q4 Cardio Plus* - 518 Broadway
Brock St Barber Shop - 7A Brock St E
Protrans Personal Services* – 213 Tillson Ave
Trophy Property Corp* - 93 Bidwell St
Tillsonburg News – 42 Broadway
The below tables summarize the status of the 2020 Business Plan Operating and
Capital Budget objectives.
Table 1: 2020 Business Plan Objectives – Operating Budget
Objective Budget
Value
Target Date Status
Residential Marketing
Campaign
$31,000 Q Q4Q4 Cancelled due to pandemic
Downtown Community
Improvement Plan
(Façade)
$31,000 Q4 Reallocated per BIA request to
Council and used for their
Emergency Relief Support
Program
Community
Improvement Plan
$20,000 Q4 One application for 38 Ridout St
W has been approved by Council
Economic Development
Strategy
Implementation
$10,000
Q4 Draft strategy update completed.
Undergoing review by Economic
Development Advisory
Committee prior to bringing to
Council for consideration
Enhanced Business
Processes
$10,000 Q4 Subscription to company
prospecting tools (IBISWorld &
Gazelle) completed. Further
enhancements will be considered
Branding – Wayfinding
Signage & Ongoing
Q4 In process
High Tech
Manufacturing Action
Plan
$2,000 Q4 Deferred due to pandemic
Page 129 of 405
EDM 21-14
Page 4 of 9
Van Norman Innovation
Park – Clearview Dr
Extension & SWM Pond
Construction
Q4 Preliminary earthworks tender
awarded and contractor
preliminary earthworks contract
near completion. Next steps are
to release the servicing contract,
finalize electrical/lighting design
and installation, and zoning
Town Hall Project In process
Western Region
Ringette Association –
Regional Event
$1,000 Q2 Event relocated then cancelled
due to pandemic
Chamber Sponsorship
(Grant for Gala)
$4,000 Q2 Virtual event held on November
19
Chamber Sponsorship
(Awards)
$3,800 Q2 Virtual event held on November
19
Service Level Increase
– Marketing/External
Communications
$12,500 Q3 Removed during budget
deliberations
Youth Robotics
Challenge
$1,000 Q4 Cancelled due to pandemic
Bridges to Better
Business
$1,000 Q4 Cancelled due to pandemic
Table 2: Additional Business Plan Objectives
The below is a summary of activities, in addition to those in the Business Plan, that
were added to the workplan for the First Quarter.
Objective Details
Coronavirus Pandemic Staff within the Department were re-allocated to focus
on the Town’s Emergency Operations Centre.
Creation of the Mayor’s Working Group to address
business support and future recovery. Business
impact surveys released and results aggregated with
Western Ontario Warden’s Caucus to support
advocacy for Southwestern Ontario.
Page 130 of 405
EDM 21-14
Page 5 of 9
DISCUSSION
In terms of Economic Development & Marketing activity, many metrics were strong
despite the impact of the pandemic on regular actions and initiatives. Most notably,
lead files opened by Tillsonburg, client visits to the community and new businesses
were above targets or at record levels. New businesses opened in the last year
decreased by two to 23 businesses, but were still above the target. B usinesses closed
increased to 18, which is concerning. However, 9 of these were replac ed by similar
businesses or were the result of the sale of the business. Some of the remaining were
certainly due to pandemic impacts.
The Economic Development & Marketing Department also supported investment in the
Town of Tillsonburg as follows:
116 Simcoe St – Future redevelopment
2776807 Ontario Inc – First sale of land in the VIP resulting in 75,000 square feet
of industrial development and up to 100 jobs
38 Oxford St - VDK Group
38 Ridout Street West - Community Improvement Plan application
Conditional sale of 65 Acres of Industrial land on Rokeby Road. Would be
largest land sale in Tillsonburg’s history and result in the construction of an
approximately 88,000 square foot manufacturing operation with 90 -100 jobs;
Supported a number of surplus land dispositions including, most notably, the 41
Clear Valley Dr property.
In addition to this, staff was able to secure funding of $1.2 Million in partnership with the
Province of Ontario through the Southwestern Ontario Development Fund program,
which will support the significant infrastructure requirements to construct the Van
Norman Innovation Park.
The construction of the Van Norman Innovation Park was initiated with the issuance and
award of RFT 2020-013 Van Norman Innovation Park Earth Grading contract.
Finally, staff supported the significant investment by Town Council in acquiring
additional industrial land for future development as well as the sale of the residential
portion of the property through an Expression of Interest process.
In summary, the above departmental metrics demonstrate that, despite the significant
impacts of the pandemic shutdowns on the economy, 2020 was still a strong year in
terms of investment interest and investment in the Town.
Page 131 of 405
EDM 21-14
Page 6 of 9
CONSULTATION
The reporting of quarterly results helps demonstrate accountability to Senior
Leadership, Town Council, and the public. In addition to this, the Economic
Development Advisory Committee is provided with a summary of these metrics at their
regular meetings.
FINANCIAL IMPACT/FUNDING SOURCE
The Economic Development & Marketing Department variances for the fourth quarter of
2020 are as follows:
Department Variance (Brackets
denote over budget)
Explanation
Economic Development
(505)
$62,646 CIP program funding - $65K
contribution from reserves
Full time labour under $19,900 -
vacancy
Part time labour under $23,700
Meeting Expense under $14,400
Advertising Expense over $12,200
Special Events under $4,000
Special projects under $6,600
CIP program over $45,000
PILS/Taxes over $6,500
Legal over $2,800
Development &
Communications (500)
$13,036 Discover Tillsonburg revenue over
$15,600
Advertising campaign under
$29,800
TOTAL $75,682
Page 132 of 405
EDM 21-14
Page 7 of 9
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
None.
Page 133 of 405
EDM 21-14
Page 8 of 9
Appendix A – Operating and Capital Financial (Cost Code) Summary
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 95,000 78,920 (16,080)(17%)1
Total Revenues 95,000 78,920 (16,080)
Expenditures
Purchases 62,000 32,233 29,767 (48%)2
Interfunctional Adjustments 4,200 4,200 0%
Debt Principal & Interest 96,800 97,452 (652)(1%)
Total Expenditures 163,000 133,884 29,116
Total Net Levy (68,000)(54,964)13,036
Notes
1 Discover Tillsonburg revenue over $15,600
2 Advertising campaign under $29,800
Page 134 of 405
EDM 21-14
Page 9 of 9
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 11,000 14,242 3,242 (29%)
User Charges 91,000 82,354 (8,646)(10%)
Other Revenue 0 (513)(513)
Contribution from Reserves 1,100 66,100 65,000 (5,909%)1
Total Revenues 103,100 162,183 59,083
Expenditures
Labour 323,700 282,134 41,566 (13%)2
Purchases 102,800 89,072 13,728 (13%)3
Contracted Services 32,000 86,259 (54,259)(170%)4
Contribution to Reserves 76,000 76,000 0%
Interfunctional Adjustments (14,400)(19,296)4,896 (34%)
Debt Principal & Interest 24,100 26,468 (2,368)(10%)
Total Expenditures 544,200 540,637 3,563
Total Net Levy (441,100)(378,454)62,646
Notes
1 To fund CIP program
2 Full time labour under $19,900 - vacancy; Part time labour under $23,700
3 Meeting Expense under $14,400; Advertising Expense over $12,200; Special Events under $4,000 - ; Special projects under $6,600
4 CIP program over $45,000; PILS/Taxes over $6,500; Legal over $2,800
Page 135 of 405
Page 1 of 5
Subject: 2020 Fourth Quarter Fire Services Results
Report Number: FRS 21-04
Department: Fire Services
Submitted By: Paul Groeneveld, Acting Fire Chief
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT report FRS 21-04 2020 Fourth Quarter Fire Services Results be received for
information.
EXECUTIVE SUMMARY
To provide Council with the January 1, 2020 to December 31, 2020 Fire & Rescue
Services performance results.
SUMMARY OF OPERATIONAL RESULTS
2020 Business Objectives
Objective Target Date Status
Continued Training and Implementation of Cad
Upgrade at Fire Comm. (continuation of 2019) Ongoing Ongoing
2020 SCBA Capital Purchase Evaluation Q2 Complete
Low Angle Rescue Equipment Purchase Q2 Complete
Multi- Year Firefighter Training Program ( 3 Year) Q4 Complete
Traffic Signal Priority Control System Q2 Incomplete*
Reserve Firefighter Program 2020 Q4 Complete
Reserve Firefighter Training Q3 Complete
Fire Commutations Customer Development Q4 Ongoing
Fire Ground Equipment Purchase Q3 Ongoing
File Conversion Training and Management Q4 /2020 Deferred to 2021
Succession Management Hire of Deputy Chief
Replacement and FPO 2021 Incomplete
Purchase of SCBA Q3 Complete
Training on SCBA Q3/Q4 Complete
CEMP Update 2020 Accreditation Q4 Incomplete
*Funding redirected to Communications NG911 upgrades.
Page 136 of 405
FRS 21-04
Page 2 of 5
Key Indicators
Twenty-two (22) Firefighters on average attended training exercises with an average
participation rate of ninety-two percent (92%). The year to date average is twenty-six
(26) Firefighters attending an average of eighty-four percent (84%) of training exercises.
The Average firefighter, year to date, has attended seventy-nine percent (79%) of
“Platoon” calls and fifty-five (55%) of “All Calls”.
2020 Alarm Data (Year to Date)
OFM Response Type Total Incidents Total Staff Hours
Property Fires/Explosions 23 261
Burning Controlled 12 29
Pre Fire Conditions/ No Fire 4 28
False Fire Calls Alarm Activations 73 313
Carbon Monoxide False Calls 26 103
Public Hazard 34 156
Rescue MVC 34 156
Medical/Resuscitator Call 67 132
Other Response 46 132
YTD 319 1330
2020 Dollar Loss / Loss Prevention
Number of
Property Fire
Incidents
Estimated
Property Value
at Risk
Estimated
Structure Fire
Loss
Estimated
Content Fire
Loss
Property Fire
Loss Prevented
Q1 2 500,000 300,000 100,000 200,000
Q2 4 14,500 12,500 1,500 14,486,000
Q3 4 945,000 10,000 45,000 890,000
Q4 2 1,000,000 0 4,500 1,000,000
YTD Total 12 2,459,500 322,500 151,000 16,576,000
Fire Prevention Inspections
4th Quarter 2020 Year to Date
Assigned 1 7
In Progress 0 5
Follow Up 0 1
Legal Action 0 0
Rescinded 0 0
Closed 13 46
Page 137 of 405
FRS 21-04
Page 3 of 5
Apparatus Utilization
Apparatus 2020
4th Quarter
2020
Year to Date
2019
4th Quarter
2019
Year End
Car 1 9 23 9 24
Car 2 6 48 20 42
Pumper 1 94 262 63 197
Pumper 2 37 80 19 55
Rescue 3 14 95 21 60
Aerial 4 58 125 38 112
Public Education
Types 2020
4th Quarter
2020
Year to Date
2019
4th Quarter
2019
Year End
Station Tours 0 2 1 10
Presentations 12 13 6 11
Newspaper/Media 0 5 0 1
Charity Event 3 7 3 16
Social Media 94 296 N/A N/A
Fire Communication Report
Town of Tillsonburg Calls
2020
4th Quarter On Call Called Out 2020
YTD On Call Called Out YTD
Town Administration 127 N/A 1556 N/A
OPP 82 N/A 159 N/A
Roads 36 8 155 27
Hydro 60 2 574 13
Water/Waste 47 11 123 27
By-Law Enforcement/Parking 6 0 19 0
Animal Control 13 2 45 4
Garbage Collection/Transfer Station 4 0 44 0
Fleet 0 0 5 1
Community Centre/Parks 12 0 44 3
Facilities 0 0 17 0
Tillsonburg Fire
2020 4th Quarter 2020 YTD
Administration Lines 511 1566
Fire Incidents 88 319
Fire Comm
2020 4th Quarter 2020 YTD
Emergency Calls 2431 8178
Non Emergent Calls 2017 8441
Fire Incidents 1131 3781
Page 138 of 405
FRS 21-04
Page 4 of 5
FINANCIAL IMPACT/FUNDING SOURCE
Fire Service
1. Labour - Net labour over - Full time under $99,900 - vacancy; Full time OT over
$20,500; Part time over $188,300; Part time OT $16,100
Fire/Fire Communications
o New Dispatch Contract obligations/commitments for double staffing at
night
o filling shifts due to sick leave and Covid leave (screening fails, daycare
needs)
o Training of new Fire Communications staff
o Back filling of vacancies - Deputy Chief, Chief.
2. Purchases - Fire Training Expense Under Budget – $15,100
Cancelled firefighter training at initial onset of Covid-19.
3. Contracted Services - Fire Communications Equipment Maintenance contract over
budget – $34,400
New Agreement start up costs no accounted for in agreement with procurer
($31,000)
Police Services
1. Grants
Provincial Grant Revenue – Community Safety
2. Contribution from Reserves
Reserves not required as department is in a surplus state
3. Purchases
HLW under $10,400; training under $3,600 – Police Services Board
4. Contribution to Reserves
Miscellaneous Revenue – Police Auction, Contributed to Police Service Board
Reserve
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 139 of 405
FRS 21-04
Page 5 of 5
☐ 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 – 2020 Fourth Quarter Fire Services Results
Page 140 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 394,000 384,138 (9,862)(3%)
Total Revenues 394,000 384,138 (9,862)
Expenditures
Labour 1,135,900 1,260,954 (125,054)(11%) 1
Purchases 222,500 201,705 20,795 (9%) 2
Contracted Services 104,000 136,793 (32,793)(32%) 3
Contribution to Reserves 45,000 45,000 0%
Interfunctional Adjustments 280,600 292,951 (12,351)(4%)
Debt Principal & Interest 49,200 49,146 54 (0%)
Total Expenditures 1,837,200 1,986,549 (149,349)
Total Net Levy (1,443,200) (1,602,412) (159,212)
DC Revenue Collected (95,966)
DC Contribution to Reserves 95,966
Notes
2 Training Expense under $15,100
3 Equipment Maintenance contract over $34,400 - Dispatch
1 Net labour over - Full time under $99,900 - vacancy; Full time OT over $20,500; Part time over $188,300;
Part time OT $16,100
Page 141 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 72,800 154,221 81,421 (112%) 1
User Charges 318,200 323,729 5,529 (2%)
Contribution from Reserves 48,000 0 (48,000)(100%) 2
Total Revenues 439,000 477,950 38,950
Expenditures
Labour 27,200 27,194 6 (0%)
Purchases 65,600 48,576 17,024 (26%) 3
Contracted Services 3,448,800 3,426,179 22,621 (1%)
Contribution to Reserves 14,478 (14,478)4
Interfunctional Adjustments 7,900 7,896 4 (0%)
Total Expenditures 3,549,500 3,524,323 25,177
Total Net Levy (3,110,500) (3,046,373) 64,127
DC Revenue Collected (8,668)
DC Contribution to Reserves 8,668
Notes
1 Provincial Grant revenue - Community Safety
2 Reserves not required as department is in a surplus state
3 HLW under $10,400; training under $3,600 -Police Service Board
Page 142 of 405
Page 1 of 5
Subject: 2020 Fourth Quarter Operations Services
Report Number: OPD 21-14
Department: Operations and Development
Submitted by: Carlos Reyes, Director of Operations and Development
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT report OPD 21-14 2020 Fourth Quarter Operations Services be received as
information.
BACKGROUND
To provide Council with the January 1, 2020 to December 31, 2020 year to date
operational and financial results for the Operations Department.
DISCUSSION
2020 Business Objectives and Capital Projects:
Table 1: 2020 Operating Business Plan
Objective Target Date Q4 Project
Status
Implementation of Inter-Community Transit Service Q2 Q3 Completed
Renegotiations of West Town Line Boundary Road
Agreement Q2 Q2 2021 In progress
Renegotiations of Solid Waste and Recycling
Collection Agreement with Oxford County Q3 Q4 Completed
Renegotiations of Urban Road Maintenance
Agreement with Oxford County Q4 Q3 2021 In progress
Renegotiations of Water Distribution and Wastewater
Collection Agreement with Oxford County Q2 Q2 2021 In progress
Page 143 of 405
OPD 21-14
Page 2 of 5
Develop a Sanitary Inflow and Infiltration Program Q2 Q3 Completed
Ontario One-Call Alternative Locate Agreements Q1 Q2 Completed
Implement a Watermain Foam Swabbing Program Q3 Q2 2022 Deferred
Downtown Sidewalk By-law 2189 Update Q2 Q2 2021 In progress
Airport Development Manual Q2 Q3 Completed
Town Owned Hangar Development Business Case Q2 Completed
Investigate Private Woodlot East of Runway 08-26
Removal Options Q3 Q2 2021 In progress
Airport General Aviation Area Stormwater Management Q1 Q3 Completed
General Aviation Access Road Investigation Q4 Q3 Completed
Finalize Engineering Design Criteria & Standard
Drawings Q3 Q2 2021 In Progress
Asset Management
Complete AMP Implementation Project
Improve Core Asset Capital Plan from detailed
AMP
Q2 Q2 2021
Q3 Q3 2021
In Progress
In Progress
Lincoln Street Reconstruction Detailed Design Q4 Q3 2022 Deferred
Goshen Street Reconstruction Detailed Design Q4 Q3 2022 Deferred
Townline Rd. Reconstruction Preliminary Design Q4 Q3 2022 Deferred
Table 2: 2020 Capital Business Plan
Objective Target Date Q4 Project
Status
Airport NAV CANADA Instrument Approach Procedure
Upgrade Q1 Q3 Completed for
2020
Airport Drainage Channel Restoration Q3 Q2 Completed
Airport Master Plan Q4 Q2 2021 In Progress
Sidewalk Connectivity Program Q3 Q2 Completed
Road Condition Assessment Q3 Q4 Completed
Page 144 of 405
OPD 21-14
Page 3 of 5
Maintenance Hole Assessment Program Phase 1 of 2 Q4 Completed
Goshen Area Geotechnical Investigation Q1 Completed
Broadway & Bridge St. Intersection Audible and
Accessibility Upgrades Q3 Completed
Concession St. W. Reconstruction Design (Charlotte to
Rolph) Q3 Q4 Completed
Quarter Town Line & Beech Blvd Retaining Wall
Replacement Design Q3 Q4 Completed
Quarter Town Line at Stoney Creek Culvert Retaining
Wall Rehabilitation Design Q3 Q4 Completed
Young Street Storm Outlet Class Environmental
Assessment Q4 Q3 2021 In progress
Watermain Looping – Langrell to Broadway Q2 Q3 Completed
Stoney Creek Sanitary Trunk Main Repair Q3 Q3 2021 In Progress
Bloomer St. Storm Sewer Repair Q2 Q3 Completed
Asphalt Resurfacing Program Q3 Completed
Oxford/Simcoe St. Rehabilitation (Broadway to Vienna
Rd) Q4 Q3 Completed
Rolling Meadows Reconstruction Phase 1 of 2
(Tanager, Falcon) Q3 Q3 2021 In Progress
Rouse St. Sanitary Installation Q2 Q3 Completed
Light Duty Vehicles
Building Unit #34 – Replace SUV Q2 Completed
By-law Unit #36 – Reassigned SUV Q3 Completed
New Building Unit – SUV Q2 Completed
New Hydro Unit – Utility Van Q1 Q3 Completed
Medium Duty Vehicles
New Fire Unit – Command Vehicle Q3 Delivered
New Water/Roads Unit – Service Truck Q3 Q2 Completed
Heavy Duty Vehicles
Page 145 of 405
OPD 21-14
Page 4 of 5
Roads Unit #60 – Replace Snowplow Truck Q2 Q2 2022 In Progress
Off Road Equipment
Water/Hydro/Roads Unit #86 – Replace
Backhoe Q2 Q3 Completed
Roads Unit #84 – Replace Sidewalk Machine Q3 Completed
Hydro Unit #233 – Rehabilitate Cable Trailer Q3 Q2 Completed
Roads Unit #115 – Replace Line Striper Q1 Q2 Completed
Roads Unit #97 - Replace Loader Blade
Attachment Q1 Q2 Completed
Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain,
Sidewalk, etc. and the associated maintenance level of service. The Towns ability to
mitigate the associated incremental costs to maintain the additional infrastructures
demonstrates the efficiencies of continuous internal improvement.
Table 3: 2020 Key Indicators
Key Indicators 2020 2019 2018 2017 2016 2015 2014
Roads (Lane km) 238.3 235.4 234.1 233.6 229.4 226.8 226.1
Sidewalks (km) 107.6 98.6 97.4 96.6 94.2 91.6 89.5
GOALS FOR NEXT QUARTER
Business Continuity during COVID-19
Continue Airport Master Plan Study
Continue renegotiation of West Town Line Boundary road agreement
Continue renegotiation of Water Collection and Wastewater Collect ion
Continue renegotiation of Urban Road Maintenance Agreement with Oxford
County
CONSULTATION
The following staff/resources have been consulted for this report:
Senior Analyst/Deputy Treasurer
Manager of Public Works
Manager of Engineering
Page 146 of 405
OPD 21-14
Page 5 of 5
FINANCIAL IMPACT/FUNDING SOURCE
The consolidated 2020 Q4 Operations Services overall variance is summarized in Table 4.
Table 4: Fourth Quarter Budget vs. Actual Variance Summary
Department Surplus / (Deficit)
Operations Administration (30,842)
Engineering Services 34,435
Public Works 29,728
Waste Management (7,314)
Municipal Parking 19,751
Airport Operations 7,644
Fleet Services 108,295
Transit Services (In-Town) 41,231
Transit Services (Inter-Community) -
Total Variance 202,928 Surplus
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Operating Summaries
Page 147 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 1,493,500 1,485,424 (8,077)(1%)
Total Revenues 1,493,500 1,485,424 (8,077)
Expenditures
Labour 325,100 315,733 9,367 (3%)
Purchases 567,000 470,660 96,340 (17%)1
Contracted Services 7,500 12,323 (4,823)(64%)
Contribution to Reserves 100,000 100,000 0%
Interfunctional Adjustments 8,000 8,004 (4)(0%)
Debt Principal & Interest 408,400 392,909 15,491 (4%)
Total Expenditures 1,416,000 1,299,629 116,371
Total Net Levy 77,500 185,795 108,295
Development Charges
DC Revenue Collected (91)
DC Contribution to Reserves 91
Notes
1 Fuel purchases under $73,600; Equipment rental & repairs under $18,300; Training under $5,000
Page 148 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Total Revenues
Expenditures
Labour 260,300 293,863 (33,563)(13%)1
Purchases 11,700 12,386 (686)(6%)
Interfunctional Adjustments (14,700)(18,108)3,408 (23%)
Total Expenditures 257,300 288,142 (30,842)
Total Net Levy (257,300)(288,142)(30,842)
Notes
1 Staff transitions
Page 149 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 50,000 (50,000)(100%)5
User Charges 86,200 92,352 6,152 (7%)1
Contribution from Reserves 41,552 41,552 5
Total Revenues 136,200 133,904 (2,296)
Expenditures
Labour 508,400 483,244 25,156 (5%)2
Purchases 26,700 21,773 4,927 (18%)3
Contracted Services 50,000 41,552 8,448 (17%)4
Interfunctional Adjustments (167,100)(165,300)(1,800)(1%)
Total Expenditures 418,000 381,269 36,731
Total Net Levy (281,800)(247,365)34,435
Notes
3 Training Expense under $7,800; Special Projects over $2,400 - Site Inspections
4 GIS Services relating to Asset management
5 OCIF formula Funding
1 Additional Inspections
2 FT labour under -Vacant Civil Designer Position
Page 150 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 79,000 91,891 12,891 (16%)1
Total Revenues 79,000 91,891 12,891
Expenditures
Labour 998,200 1,009,291 (11,091)(1%)
Purchases 532,200 474,416 57,784 (11%)2
Contracted Services 302,400 331,018 (28,618)(9%)3
Interfunctional Adjustments 583,600 583,704 (104)(0%)
Debt Principal & Interest 568,300 569,432 (1,132)(0%)
Total Expenditures 2,984,700 2,967,862 16,838
Total Net Levy (2,905,700)(2,875,972)29,728
Development Charges
DC Revenue Collected (829,974)
DC Contribution to Reserves 829,974
Notes
1 County Payment as part of the Roads Maintenance Agreement
2 Salt Supply Expense under $21,200; HLW under $33,400; Training under $10,900
3 Net Subcontractor Expenses over
Page 151 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Levy, PILS 140,500 120,749 (19,751)(14%)1
Total Revenues 140,500 120,749 (19,751)
Expenditures
Labour 27,000 13,385 13,615 (50%)2
Purchases 10,000 10,456 (456)(5%)
Contracted Services 35,000 29,742 5,258 (15%)3
Contribution to Reserves 9,000 7,539 1,461 (16%)
Interfunctional Adjustments 46,100 46,104 (4)(0%)
Debt Principal & Interest 13,400 13,524 (124)(1%)
Total Expenditures 140,500 120,749 19,751
Total Net Levy
Notes
1 Minutes of Settlement (Write-Off)
2 Allocation of staff time
3 Subcontractor Snow Clearing Expense
Page 152 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 5,000 30,000 25,000 (500%)1
User Charges 386,600 337,977 (48,623)(13%)2
Other Revenue 2 2
Total Revenues 391,600 367,979 (23,621)
Expenditures
Labour 119,900 113,748 6,152 (5%)3
Purchases 248,200 206,722 41,478 (17%)2
Contracted Services 32,000 22,738 9,262 (29%)4
Contribution to Reserves 25,000 (25,000)1
Interfunctional Adjustments 20,400 21,202 (802)(4%)
Debt Principal & Interest 20,300 20,124 176 (1%)
Total Expenditures 440,800 409,535 31,265
Total Net Levy (49,200)(41,556)7,644
Notes
3 PT labour under
4 Subcontractor Snow Clearing Expense
1 Additional Grant from the County
2 Fuel Sales/purchases
Page 153 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 118,300 126,461 8,161 (7%)1
User Charges 132,400 70,263 (62,137)(47%)2
Total Revenues 250,700 196,723 (53,977)
Expenditures
Labour 72,200 79,031 (6,831)(9%)3
Purchases 110,900 55,161 55,739 (50%)2
Contracted Services 118,500 127,257 (8,757)(7%)4
Interfunctional Adjustments 138,500 131,988 6,512 (5%)3
Total Expenditures 440,100 393,437 46,663
Total Net Levy (189,400)(196,714)(7,314)
Notes
3 Allocation of Staff time
1 County payment as part of the Waste Management Agreement
2 Bag Tag sales/inventory purchases
4 Large Item Bins / Brush, Leaves, Grass - Transfer Station
Page 154 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 52,800 90,947 38,147 (72%)1
User Charges 25,800 18,190 (7,610)(29%)2
Total Revenues 78,600 109,136 30,536
Expenditures
Labour 26,700 20,448 6,252 (23%)3
Purchases 2,000 2,422 (422)(21%)
Contracted Services 189,600 184,735 4,865 (3%)
Interfunctional Adjustments 8,700 8,700 0%
Total Expenditures 227,000 216,305 10,695
Total Net Levy (148,400)(107,169)41,231
Notes
1 Safe Restart Grant - Transit Portion
2 Fare revenue under - ridership volume down due to COVID
FT labour under budget
Page 155 of 405
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 368,400 277,144 (91,256)
User Charges 19,000 14,177 (4,823)
Total Revenues 387,400 291,322 (96,078)
Expenditures
Labour 60,100 51,823 8,277
Purchases 56,300 73,602 (17,302)
Contracted Services 271,000 165,897 105,103
Total Expenditures 387,400 291,322 96,078
Total Net Levy
Page 156 of 405
Page 1 of 6
Subject: 2020 Fourth Quarter Building, Planning and By-Law Services Results
Report Number: OPD 21-16
Department: Building, Planning and By-Law Services
Submitted by: Geno Vanhaelewyn, CBO
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives Report OPD 21-16 - 2020 Fourth Quarter Building, Planning &
By-Law Services Results as information.
BACKGROUND
This report contains information on the annual activity volumes, trends over time,
financials and updates on major initiatives. The statistics provided are inclusive from
January 1, 2020 to December 31, 2020.
DISCUSSION
BUILDING SERVICES
Building Services experienced another record setting year for total number of permits
issued and total value of construction in review of statistics back to 1988. The major
increases in activity were recorded in the residential and industrial sectors. These
statistics are provided in the tables below.
2020 – Annual Building Permit Activity Overview (Jan 1/20 – Dec 31/20)
Total Permits Issued 538
Inspections Completed 2,492
Total Construction Value $71,663,095
Total Permit Revenue $ 905,659
Page 157 of 405
OPD 21-16
Page 2 of 6
Value of Construction Comparisons (Jan 1/20 – Dec 31/20)
CLASS 2020 2019 2018 2017 2016 2015 2014
Single
Dwellings 32,571,350 21,766,521 18,283,760 17,381,846 22,986,868
11,290,464
11,690,744
Other
Residential 32,315,462 24,972,135 13,141,512 3,394,667 2,931,504
3,278,262
3,746,308
Institutional 90,718 6,990,840 2,392,166 256,900 76,114
3,978,968
17,579,092
Commercial 2,318,485 1,968,684 6,698,430 1,700,068 5,463,272
729,400
3,246,669
Industrial 4,367,080 901,403 2,934,002 1,992,965 4,361,500
292,600
2,669,685
Total Value of
Construction 71,663,095 56,599,583 43,449,870 24,726,446 35,819,258
19,569,694
38,932,498
Total Number
of Permits
Issued
538 469 436 431 426 317 369
2020 - Residential Construction Comparison (Jan 1/20 – Dec 31/20)
TOTAL
RESIDENTIAL
PERMITS
ISSUED
SINGLE
(DETACHED)
DWELLINGS
APARTMENT
UNITS
CONDOMINIUM
UNITS
TOTAL
RESIDENTIAL
CONSTRUCTION
VALUE
OVERALL
CONSTRUCTION
VALUES
2020 423 110 9 121 64,886,812 71,663,095
2019 329 90 133 24 46,738,656 56,599,583
2018 325 86 42 22 31,425,272 43,449,870
2017 316 80 5 4 21,276,513 24,726,446
2016 300 117 0 0 25,918,372 35,819,258
2015 218 61 0 14,568,726 19,569,694
2014 240 64 36 0 16,432,935 38,932,498
2013 200 67 1 0 12,643,180 19,442,337
2012 203 54 0 0 10,387,007 18,982,457
2011 249 42 68 - 13,781,335 17,921,577
2010 236 58 - - 8,463,514 12,455,689
2009 175 42 30 - 20,267,358 26,021,858
2008 228 41 - 10 8,924,882 13,407,055
2007 299 98 13 - 16,471,262 22,770,077
2006 252 73 2 - 11,822,167 19,723,767
2005 205 80 8 44 18,097,035 26,905,724
Page 158 of 405
OPD 21-16
Page 3 of 6
Inspection Activity Comparisons (Jan 1/20 – Dec 31/20)
Output
Measures/Activity
Quantity
2015
Quantity
2016
Quantity
2017
Quantity
2018
Quantity
2019
Quantity
2020
Building Inspections
Completed 1269 1621 2092 2317 2296 2492
Major Construction/Development Projects:
301 Tillson Ave – Industrial addition and extensive office renovation
6 Rouse – new church – New Brethren Church
150 Concession W – renovation/addition to church – Christian Reformed
Church
18 Harvest – new church - First Baptist Church
136 Concession Street East – new 5 story/49 unit apartment building
83 Rolph Street – public school to apartment conversion – 47 units
3 John Pound – new 4 story/33 unit apartment building
360 Quarter Town Line – new townhouse condos
Andrews Crossing Subdivision – Phase 1 & 2
Sandy Court Subdivision
Building Financial Impact
Completed work was funded through 2020 budget allotments within Building Services
resulting in a net operating balance of $0.00. A permit revenue surplus was recorded in
the amount of $396,944 and will be allocated to Building Permit Obligatory Reserve. A
copy of the financial summary has been attached to this report.
PLANNING SERVICES
2020 – Planning Activity (Jan 1/20 – Dec 31/20)
Output Measures/Activity 2015 2016 2017 2018 2019 2020
Minor Variance Applications 13 12 11 19 17 14
Zone Change Application 8 9 14 14 16 19
Site Plan Formal Consultations 13 4 7 4 5 5
Site Plan Approvals 6 10 6 16 13 9
Site Plan Applications (in progress) 4 5 8 9 4 3
Subdivision Agreements 1 4 3 0 3 2
Page 159 of 405
OPD 21-16
Page 4 of 6
Pre-Servicing Agreement 1 1 0 3 3 3
Draft Plan of Subdivision Approval Ext 0 2 2 2 0 2
BY-LAW SERVICES
Records indicate that by-law and property standard enforcement activities and
occurrences are consistent with previous years. There were reductions in parking tickets
issued and the variances noted from previous years are directly related to COVID -19.
These activities are noted in the table below.
2020 – By-Law Activity (Jan 1/20 – Dec 31/20)
Output Measures– Quantity 2016
Actual
2017
Actual
2018
Actual
2019
Actual
2020
Actual
Parking Tickets Issued 891 663 835 921 353
Animal Tags
Issued
Cats 1221 1024 971 978 990
Dogs 2101 2272 2512 2232 2110
Enforcement –
Complaints and
Occurrences
Parking, Taxi,
Illegal Dumping,
Noise
132 152 146 - 241
Property Stds,
Zoning, Clean
Yard, Sign,
Fence, etc.
255 313 280
-
308
Animal Control 350 321 261 - 272
By-Law Financial Impact
By-Law Services (Protection) resulted in a net operating surplus of $24,406 as a result
of savings in labour, purchases, and the animal control subcontractor budget. A copy of
the financial summary has been attached to this report.
DEPARTMENTAL TASKS/BUSINESS OBJECTIVES
Objective Target Project Status
Complete Amanda Building Permitting Software Solution
Implementation and Mobility Q2 Q4 Completed
Communicate Building Code Amendments Q4 Completed
Develop Post-Disaster Event Protocol/Procedures Q4 2021 In Progress
Page 160 of 405
OPD 21-16
Page 5 of 6
Review Permit Submission Web Portal Options & Digital
Service Delivery Q4 Completed
By-Law Reviews – Building By-Law Q2 2021 Not Started
By-Law Reviews – Animal Control Q2 Q4 Completed
Central Area Design Study – Vehicular/Pedestrian
Movement Reconfiguration – Town Centre Mall Rear
Entrance Proposal
2021
In Progress (Public
consultation on hold
– COVID-19)
Central Area Design Study – Public Objectives – Alley
Connecting Walkways Proposal 2021
In Progress (Public
consultation on hold
– COVID-19)
Central Area Design Study – Façade Improvement
Program Q4
Complete (2020
funding reallocated –
COVID-19)
Review Planning Process & Procedures Q1 Q4 Completed
Zoning By-Law Review & Housekeeping Amendments Q1 Q1
2021 In Progress
Review Site Plan Approval By-Law & Process Q1 Completed
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
Page 161 of 405
OPD 21-16
Page 6 of 6
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 – 2020 Q4 Budget vs Actual – Building
Appendix B – 2020 Q4 Budget vs Actual - Protection
Page 162 of 405
2020 2020 Actual %Note Back to Index
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 510,000 968,319 458,319 (90%)1
Contribution from Reserves 69,000 0 (69,000)(100%)2
Total Revenues 579,000 968,319 389,319
Expenditures
Labour 481,000 480,620 380 (0%)
Purchases 57,800 56,248 1,552 (3%)
Contracted Services 6,500 810 5,690 (88%)3
Contribution to Reserves 396,944 (396,944)4
Interfunctional Adjustments 33,700 33,696 4 (0%)
Total Expenditures 579,000 968,319 (389,319)
Total Net Levy
Notes
1 Permit Revenue - $227,900
2 Contribution from Building Reserve not required
3 Online Program - Cloud Permit System, expensed in 2021
4 Year End surplus contributed into the Building Obligatory Reserve
Page 163 of 405
2020 2020 Actual %Note Back to Index
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 99,500 80,063 (19,437)(20%)1
Total Revenues 99,500 80,063 (19,437)
Expenditures
Labour 232,800 201,773 31,027 (13%)2
Purchases 35,400 33,562 1,838 (5%)
Contracted Services 20,000 9,018 10,982 (55%)3
Interfunctional Adjustments 28,400 28,404 (4)(0%)
Total Expenditures 316,600 272,757 43,843
Total Net Levy (217,100)(192,694)24,406
Notes
1 Licence fees under $20,000 - Animal control $9,700; Reduction of Parking Enforcement revenue resulting from COVID
2 Net labour under $31,000 - Crossing Guards Savings resulting from COVID
3 Subcontractor Expense - Animal control
Page 164 of 405
Page 1 of 4
Subject: 2020 Fourth Quarter Recreation, Culture and Parks Results
Report Number: RCP 21-08
Author: Christopher Baird, Director of Recreation, Culture and Parks
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT report RCP 21-08 2020 Fourth Quarter Recreation, Culture and Parks Results be
received as information;
AND THAT the cumulative 2020 RCP Capital shortfall of $67,872.02 be funded from the
RCP reserve.
BACKGROUND
This report provides Council with the January 1, 2020 to December 31, 2020
Department year-to-date operational and financial results for Recreation, Culture &
Parks Department.
DISCUSSION
2020 Business Objectives and Capital Projects
Division Item Target
Date Q4 Status RCP Administration Update MOU with BIA Q4 Complete
Develop RCP 10-Year Capital Plan Q4 Complete
Complete 2021 RCP Capital Budget Q4 Complete
Implement Recommendations from RCP
Departmental Service Review 2021 Complete & Ongoing
Tillsonburg Community Centre Aquatic
Rehabilitation Project 2021 Subject to
ICIP Grant Approval
Review and update MOUs and User
Agreements Q4 Complete
Update Cemetery Bylaw Q1 2021 On schedule
Complete Staffing Review & Recruitment Q4 Complete
Page 165 of 405
RCP 21-08
Page 2 of 4
Division Item Target
Date Q4 Status
Capital Fundraising Strategy Q4 Delayed due to COVID-19 Programs & Services Division Leafs Alumni Hockey Game Fundraising
Event Q1 Complete
Policy Implementation & Development
(Rzone, Facilities Allocation, Advertising) Q1 Complete
Implementation of increased service
levels at TCC Q1 Complete
Grow participation in Corporate
Memberships and Personal Training 2021 Delayed due to COVID-19
Increase marketing of Halls and Meeting
Room Rentals to generate additional
revenue
2021 Delayed due to COVID-19 Culture & Heritage Division Increase School Programming 2021 Delayed due to COVID-19
Cultural Master Plan
Museum Strategic Plan Q2 2021 On schedule
Tillsonburg Sesquicentennial (2022) 2021 Delayed due to COVID-19 Parks & Facilities Division Implement recycling in select facilities Q1 Complete
Continued Town beautification with BIA &
Horticultural Society 2021 Ongoing
Work with TMBI on Optimist, Kiwanis &
HB#1 ball diamond enhancements Q2 2021 On schedule
Update Corporate Facility Fire Safety
Plans Q4 On schedule
Replace indoor pool lane ropes & carts Q1 Complete
Annandale Diamond Lighting Upgrades 2022 Reschedule 2022
Refresh Memorial Park Picnic Pavilion Q4 Reschedule 2021
Install walls at Kinsmen Band Shell 2021 Reschedule 2021
Update signage at TCC/Memorial Park 2021 Reschedule 2021
LLWP New Waterslide Installation Q2 2021 On schedule
Scheduled roof work
(Station Arts & Public Works) Q3 Complete
Installation of new Columbarium Q3 Complete
Completion of Memorial Parking Lot Q4 Complete
Annual Playground Replacement
Glendale Park Q4 Complete
OPP Station HVAC upgrades 2021 Reschedule 2021
Customer Service Centre Facade Q2 2021 On schedule
Page 166 of 405
RCP 21-08
Page 3 of 4
FINANCIAL IMPACT/FUNDING SOURCE
2020 RCP Capital
Throughout the course of the year some budgeted 2020 capital projects were
completed over/under budget totaling a cumulative unfavourable variance of $67,882.02
as identified below.
Additionally, RCP reserves were approved in the 2020 capital budget for project #649
(Annandale ball diamonds lighting upgrades) in the amount of $133,000 that were not
utilized in 2020 due to the postponement of the project as a result of exorbitant costi ng.
Though the Town is reflecting a consolidated draft year-end surplus totaling $209,562,
Council has committed a sum of $150,000 from this surplus to fund the 2021 Budget
and the remaining distribution is to follow the Surplus Allocation Policy. S taff therefore
recommends re-allocating the 2020 unused project funds within the RCP Reserve to
fund the $67,872.02 cumulative RCP capital deficit. The uncommitted balance in the
RCP reserve following such an adjustment totals $259,878.
2020 RCP Operations
The RCP Department’s 2020 Q4 operational variance summary is as follows:
Due to COVID-19 continued restrictions to programming and facility bookings at the
Community Centre and ANHS impacted Q4 revenue as continuation of Q2 closures.
2020 YTD Budget Comments
Budget Actuals Variance
Capital
508 New Columbaria 36,000 46,576 (10,576.00) over budget
656 Replace lane ropes & carts 15,000 8,785 6,215.41 under budget
424 Design Energy Study 25,000 29,002 (4,001.60) over budget
425 Station Arts Centre Repair 190,100 220,748 (30,647.50) over budget
672 TCC- N Entrance Lighting 8,000 4,300 3,700.00 under budget
681 FCA Sch. Roof Repairs 120,000 119,364 636.17 under budget
691 TCC Fire Panel Replacement 40,500 60,276 (19,776.03) Over budget
709 Station Arts Roof 80,000 93,422 (13,422.47) Over budget
Total Recreation, Culture & Parks (67,872.02) consolidated over budget
Page 167 of 405
RCP 21-08
Page 4 of 4
While many cost saving measures have been implemented, the total loss of revenue for
several months of 2020 will be challenging for the Department to mitigate. All
discretionary expenditures were held in abeyance to help minimize any year-end
deficits.
Community Strategic Plan (CSP) Linkage:
1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonbur g’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 – 2020 Quarterly Report – Budget vs Actuals
Page 168 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 130,800 119,716 (11,084)(8%) 1
Other Revenue 18,500 27,287 8,787 (47%) 2
Total Revenues 149,300 147,003 (2,297)
Expenditures
Labour 122,100 196,350 (74,250)(61%) 3
Purchases 43,500 48,449 (4,949)(11%)
Contracted Services 21,200 11,670 9,530 (45%) 4
Interfunctional Adjustments 76,400 76,404 (4)(0%)
Total Expenditures 263,200 332,873 (69,673)
Total Net Levy (113,900) (185,870) (71,970)
Notes
4 Subcontractor Expense under $10,800
1 Plot Sales under $7,200; Services Revenue under $16,800, Niche Sales over $11,100
2 Interest Revenue
3 Net labour over - Allocation between Parks Department and staff transitions
Page 169 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 6,335 6,335 1
User Charges 34,900 24,589 (10,311)(30%) 2
Other Revenue 5,200 1,750 (3,450)(66%)
Contribution from Reserves 3,500 24,785 21,285 (608%) 3
Total Revenues 43,600 57,459 13,859
Expenditures
Labour 249,800 172,804 76,996 (31%) 4
Purchases 135,100 108,457 26,643 (20%) 5
Contracted Services 196,300 201,924 (5,624) (3%)
Contribution to Reserves 16,200 12,039 4,161 (26%)
Interfunctional Adjustments 97,900 96,861 1,039 (1%)
Debt Principal & Interest 83,600 78,719 4,881 (6%)
Total Expenditures 778,900 670,804 108,096
Total Net Levy (735,300) (613,345) 121,955
Notes
3 BIA MOU agreement
5 HLW under $14,900; Special Projects under $5,800 - Trees and Memorial Benches
1 County Grant - TransCanada Trail
2 Miscellaneous Revenue
4 Net labour under - Allocation between Cemetery Department
Page 170 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 24,200 21,000 (3,200)(13%)
User Charges 13,043 13,043 1
Other Revenue 13,583 13,583 1
Total Revenues 24,200 47,626 23,426
Expenditures
Labour 16,200 6,040 10,160 (63%)
Purchases 40,000 20,480 19,520 (49%) 1
Contracted Services 21,906 (21,906)1
Contribution to Reserves 6,000 (6,000)2
Total Expenditures 56,200 54,427 1,773
Total Net Levy (32,000) (6,801) 25,199
Notes
2 Cultural Grant Surplus
1 Fundraising Events - Maple Leaf Alumni Game ( fares, donations, supplies and subcontractor expense) - any surplus from this
event will be contributed to the F.A.R.E. program
Page 171 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 42,700 46,380 3,680 (9%)
User Charges 1,338,700 549,665 (789,035)(59%) 1
Other Revenue 42,800 8,999 (33,801)(79%) 2
Total Revenues 1,424,200 605,044 (819,156)
Expenditures
Labour 1,457,200 1,284,059 173,141 (12%) 3
Purchases 276,300 199,787 76,513 (28%) 4
Interfunctional Adjustments 140,400 140,400 0%
Debt Principal & Interest 15,000 14,676 324 (2%)
Total Expenditures 1,888,900 1,638,922 249,978
Total Net Levy (464,700) (1,033,877) (569,177)
Notes
1 Admissions under $52,300; Fares under $27,000; Memberships under $105,200; Seasonal Revenue under $37,400; Sports
fields under $23,400; Youth Programs under $182,300; Adult Programs under $39,800; Summer programs under $85,600;
Minor Hockey under $87,900; Figure skating under $31,100; Programs under $10,300; Rent revenue under $56,600;
Concession sales under $23,400; Vending Machines under $7,900
2 Special revenue under $20,800; Donation Revenue under $13,000
4Materials under $7,700; Net Supplies Expense under $36,600; Equipment Supplies & Repairs under $6,500; Advertising
Expense under $12,500; Training Under $11,100
3 Full Time labour over $14,100- Staff Transitions; Part time labour under $184,300; Part Time OT under $3,800
Page 172 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 7,300 14,204 6,904 (95%) 1
Specified Revenue 6,107 6,107 2
Total Revenues 7,300 20,311 13,011
Expenditures
Labour 891,600 892,931 (1,331)(0%)
Purchases 626,100 599,911 26,189 (4%) 3
Contracted Services 327,300 302,990 24,310 (7%) 4
Contribution to Reserves 16,209 (16,209)5
Interfunctional Adjustments 81,000 80,940 60 (0%)
Debt Principal & Interest 591,000 596,937 (5,937)(1%)
Total Expenditures 2,517,000 2,489,918 27,082
Total Net Levy (2,509,700) (2,469,608) 40,092
Development Charges
DC Revenue Collected (161,175)
DC Contribution to Reserves 161,175
Notes
5 User Pay Debt Aquatics and Natural Gas Rebate
1 LAS Natrual gas rebate
2 User Pay Debt - Aquatics
3 Supplies Expense under $24,100; HLW under $7,800; Training under $5,700; Building Repairs & Maintenance over $11,500
4 Subcontractor Expense under $20,100
Page 173 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 106,300 102,276 (4,024)(4%)
Total Revenues 106,300 102,276 (4,024)
Expenditures
Labour 1,056 (1,056)
Purchases 3,100 3,044 56 (2%)
Contracted Services 11,700 10,738 962 (8%)
Contribution to Reserves 26,300 5,980 20,320 (77%) 1
Interfunctional Adjustments 1,095 (1,095) 2
Debt Principal & Interest 32,000 32,029 (29) (0%)
Total Expenditures 73,100 53,941 19,159
Total Net Levy 33,200 48,334 15,134
Notes
1 2019 one-time contribution variance
2 Fleet charges
Page 174 of 405
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 29,400 74,406 45,006 (153%) 1
User Charges 17,000 3,586 (13,414)(79%) 2
Other Revenue 22,000 5,130 (16,870)(77%) 3
Total Revenues 68,400 83,123 14,723
Expenditures
Labour 291,000 243,343 47,657 (16%) 4
Purchases 98,700 58,167 40,533 (41%) 5
Contracted Services 55,800 56,958 (1,158)(2%)
Contribution to Reserves 30,300 (30,300)6
Interfunctional Adjustments 21,600 21,600 0%
Total Expenditures 467,100 410,369 56,731
Total Net Levy (398,700) (327,246) 71,454
Notes
1 Federal Grant - COVID-19
2 Program and admissions revenue
3 Special Programming Revenue - workshop & bus trips, lunch & learns, etc.
4 Part time labour under $26,700; Full time labour under $15,900; Net Over time under $5,100
5 HLW under $6,300; Special Projects under $14,000 - Exhibits & Artifacts plus Cultural Programs; Special Events under $17,500
- workshop & bus trip, lunch & learns, etc.
Page 175 of 405
Page 1 of 4
Subject: Establishment of Subcommittees: Affordable Housing and Boundary
Adjustment
Report Number: CAO 21-04
Department: CAO’s Office
Submitted by: Laura Pickersgill, Executive Assistant
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report CAO 21-04 Establishment of Subcommittees: Affordable
Housing and Boundary Adjustment;
AND THAT staff be directed to proceed with establishing the Affordable Housing
subcommittee following option ___ with the Council appointed representative (s)
__________;
AND FURTHER THAT staff be directed to proceed with establishing the Boundary
Adjustment subcommittee following option ___ with th e Council appointed
representative(s) __________________;
AND FURTHER THAT Council supports the Terms of Reference provided for each
subcommittee.
BACKGROUND
At the Council meeting held on January 11, 2021, Council received Report FIN 21 -04
Final Budget and Departmental Business Plans. The following resolution was passed:
Moved by: Councillor Luciani
Seconded by: Deputy Mayor Beres
THAT the 2021 Budget in the amount of $16,730,747 from taxation be adopted;
AND THAT a by-law be brought forward setting the 2021 Property Tax Rates at a future
meeting.
Page 176 of 405
CAO 21-04
Page 2 of 4
The following 2021 Business Objective was included as part of the approved business
plan for Corporate Services in 2021 and was assigned to the Chief Administrative
Officer:
Facilitate discussions, networking and planning to ensure expanded opportunities
for Affordable and Attainable Housing alternatives within the community and
determine applicable strategies for Council review.
Additionally, it has been identified by the Economic Development Advisory Committee
that, due the high levels of growth being experienced, it would be prudent to conduct an
in-depth review of the remaining land inventory to ensure that the Town’s sustainable
growth objectives can be maintained..
The current mandate of the Economic Development Advisory Committee is:
“To advise on initiatives to attract and retain investment within the community. To
provide advice on:
The Economic Development Strategy
The Community Strategic Plan
Annual Departmental Business Plan
To support the development of alliances and partnerships to advance the Town’s
strategic plan and that assists in the overall growth of the Town.
To provide advice regarding existing and new by-laws that relate to/impact development
within the community.”
While growth considerations appear to be within the mandate of the Economic
Development Advisory Committee, Affordable/Attainable Housing appears to be outside
of the Committee’s mandate. In order to ensure that the Committee is acting in
accordance with Council’s wishes, and that the corporate goals established as part of
the 2021 Business Plan are carried out in accordance with Council’s expectations, it is
recommended that Council formally establish these task forces.
It is important to note that there is a group of individuals from the Economic
Development Committee who have met once so far to discuss potential boundary
adjustment opportunities. These individuals could be considered as part of the
membership inclusive of one of the below options.
DISCUSSION
At the Economic Development Advisory Committee meeting held on March 9, 2021, the
following resolution was passed:
Page 177 of 405
CAO 21-04
Page 3 of 4
Moved by: Cedric Tomico
Seconded by: Collette Takacs
THAT the Economic Development Advisory Committee recommends the establishment
of a boundary adjustment subcommittee and an affordable housing subcommittee.
Staff are recommending the implementation of these subcommittees. While there anre
many options available to establish these sub-committees, Staff put forward three (3)
options for Council consideration with regards to developing these
subcommittees/committees.
These options include:
Option 1 The subcommittee(s) be formed with two (2) members of Council and three
(3) members from the Economic Development Committee. Staff support for this
Committee would include the Chief Administrative Officer, Executive Assistant and the
Development Commissioner.
Option 2 The subcommittee(s) be formed with two (2) members of Council, three (3)
members from the Economic Development Committee and 2 members of the public.
Staff support for this Committee would include the Chief Administrative Officer,
Executive Assistant and the Development Commissioner.
Option 3 Council strikes entirely separate ad-hoc committee(s) from the Economic
Development Committee proposed subcommittees. This option would follow the regular
process for advertising and recruiting members of the public just like any other advisory
committee. In this case, staff recommend that three (3) members of the public and two
(2) members of Council be recruited for each committee, along with staff support from
the Chief Administrative Officer, Executive Assistant, and the Development
Commissioner.
It is recommended that membership on the Affordable and Attainable Housing
subcommittee include one representative from Oxford County Social Services: Housing
Division to be able to retract from their knowledge and expertise. Furthermore, it is
recommended that the Mayor be on any Boundary Adjustment subcommittee.
The focus and mandate of these Committees would be primarily to examine
opportunities and provide recommendations to Council on opportunities for bringing
more affordable and attainable housing to Tillsonburg and opportunities for boundary
adjustment.
A draft Terms of Reference has been created and included as an addendum to this
report for Council’s consideration.
Page 178 of 405
CAO 21-04
Page 4 of 4
CONSULTATION
Economic Development Advisory Committee
Economic Development Commissioner
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 – Draft Terms of Reference - Affordable and Attainable Housing
Subcommittee
Appendix B – Draft Terms of Reference - Boundary Adjustment Subcommittee
Page 179 of 405
Affordable & Attainable Housing Subcommittee
Draft Terms of Reference
Mandate:
To facilitate discussions, networking and planning to ensure expanded opportunities for
affordable and Attainable Housing alternatives within the community and determine
applicable strategies for Council review.
1.0 Role of the Affordable Housing Subcommittee
1.1 To advise Council on matters related to opportunities for expansion for
affordable and attainable housing alternatives in the Town of Tillsonburg.
1.2 To advise Council on applicable strategies for expanding affordable and
attainable housing opportunities.
1.3 To facilitate discussions and networking with community partners,
organizations and agencies to promote opportunities for affordable and
attainable housing alternatives.
2.0 Organization of the Committee
The Committee should be comprised of a cross section of individuals with relevant
technical and professional expertise, as well as strong advocacy, communication and
organizational skills.
2.1 Vacancies for citizen appointments will be advertised in local newspaper as
per the Town’s procedures for Committees of Council.
2.2 Committee members will be appointed by Council.
2.3 The Committee shall have {insert makeup of Committee}.
2.4 The term of a Committee Member will conclude when the ad-hoc committee
is abolished after meeting their outlined mandate.
2.5 One member will be appointed by vote of the committee at the first meeting to
Chair the meetings. At this time, they will select a vice-chair.
2.6 Municipal staff shall act in an advisory manner to the committee and the role
of staff liaison shall be fulfilled by the CAO, Development Commissioner and
the Executive Assistant.
3.0 Meetings
3.1 The Committee will hold a minimum of one meeting per quarter.
3.2 The date and time of the regular meetings will be established at the first meeting
of each term.
3.3 Meetings will have a formal agenda.
3.4 Agendas and information packages (including previous meeting minutes) will be
sent electronically to Committee Members prior to each meeting.
3.5 A majority of Council appointed Committee Members will constitute quorum for
the transaction of business.
Page 180 of 405
4.0 Role of the Chair
The Chair is responsible for ensuring the smooth and effective operation of the
Committee and its’ roles. This will include responsibility for:
4.1 Calling the meetings to order.
4.2 Encouraging an informal atmosphere to encourage the exchange of ideas.
4.3 Creating an agenda in consultation with the Secretary.
4.4 Chairing the meetings to ensure business is carried out efficie ntly and
effectively.
4.5 Acting as spokesperson.
4.6 Representing the Committee on other committees when necessary.
4.7 The Chair shall conduct meetings in accordance with the Town’s Procedural By-
Law.
4.8 In the absence of the Chair, these responsibilities will be undertaken by the
Vice-Chair.
5.0 Role of the Secretary
The Secretary is responsible for ensuring a complete up to date record for the
Committee.
5.1 In liaison with the Chair, arrange date, time and venue for meetings.
5.2 In liaison with the Chair, set agendas and circulate agendas to the members two
business days prior to the meeting.
5.3 Circulate draft minutes to the members.
5.4 Keep a complete up to date record of the committee minutes.
6.0 Role of Members
Membership on the Committee is a position of responsibility and requires a strong
commitment to the Terms of Reference. Committee members are required to:
6.1 Attend all regularly scheduled meetings. Members shall notify the Chair,
Secretary or staff liaison if they are unable to attend a meeting.
6.2 Adhere to the provisions set out in the Policy for Boards and Committees of
Council. If a member has an unexplained absence of three or more consecutive
meetings then their seat on the Committee shall be declared vacant.
6.3 Review all information supplied to them.
6.4 Prepare information for use in the development of materials for the Committee.
6.5 Promote the role of the Committee and its decisions made.
6.6 Offer input to committee reports to Council.
6.7 Attend training as required to effectively perform their role as a committee
member.
6.8 Committee Members are subject to the Municipal Conflict of Interest Act R.S.O.
1990, c. M50 and must disclose any direct or indirect pecuniary interest. The
disclosure must be recorded in the minutes of the meeting.
7.0 Role of Municipal Staff
Page 181 of 405
The Town of Tillsonburg, by its nature and purpose, affects and is affected by many
different Municipal departments. Assistance will be provided on an as required basis
from various departments. Municipal staff will be responsible for carrying out the
following functions with respect to the Committee:
7.1 Act as an information resource.
7.2 Orientation of Committee members at the first meeting after Council
appointment.
7.3 Assist the Committee in its reporting to Council.
7.4 Provide correspondence to the Committee.
7.5 Responsible for maintaining accurate and up-to-date committee records and
providing minutes to Council.
8.0 Reports to Council
The Committee may advise and make recommendations to Council in accordance with
its’ role. Reports may be submitted as follows:
8.1 Verbally by a Council representative.
8.2 Written Report from staff liaison and/or presented by the Chair or the designated
representative to Council.
Page 182 of 405
Boundary Adjustment Subcommittee
Draft Terms of Reference
Mandate:
To review the growth being experienced by the town and the remaining inventory of
development land and identify potential land needs to support the sustainable growth
objectives of the Town in accordance with the Community Strategic Plan.
1.0 Role of the Committee
1.1 To identify strategic opportunities to increase the land supply for future
development
1.2 To advise Council on matters related to future land needs.
2.0 Organization of the Committee
The Committee should be comprised of a cross section of individuals with relevant
technical and professional expertise, as well as strong advocacy, communication and
organizational skills.
2.1 Vacancies for citizen appointments will be advertised in local newspaper as
per the Town’s procedures for Committees of Council.
2.2 Committee members will be appointed by Council.
2.3 The Committee shall have {insert makeup of Committee}.
2.4 The term of a Committee Member will conclude when the ad-hoc committee
is abolished after meeting their outlined mandate.
2.5 One member will be appointed by vote of the committee at the first meeting to
Chair the meetings. At this time, they will select a vice-chair.
2.6 Municipal staff shall act in an advisory manner to the committee and the role
of staff liaison shall be fulfilled by the CAO, Development Commissioner and
the Executive Assistant.
3.0 Meetings
3.1 The Committee will hold a minimum of one meeting per quarter.
3.2 The date and time of the regular meetings will be established at the first meeting
of each term.
3.3 Meetings will have a formal agenda.
3.4 Agendas and information packages (including previous meeting minutes) will be
sent electronically to Committee Members prior to each meeting.
3.5 A majority of Council appointed Committee Members will constitute quorum for
the transaction of business.
4.0 Role of the Chair
The Chair is responsible for ensuring the smooth and effective operation of the
Committee and its’ roles. This will include responsibility for:
Page 183 of 405
4.1 Calling the meetings to order.
4.2 Encouraging an informal atmosphere to encourage the exchange of ideas.
4.3 Creating an agenda in consultation with the Secretary.
4.4 Chairing the meetings to ensure business is carried out efficiently and
effectively.
4.5 Acting as spokesperson.
4.6 Representing the Committee on other committees when necessary.
4.7 The Chair shall conduct meetings in accordance with the Town’s Procedural By-
Law.
4.8 In the absence of the Chair, these responsibilities will be undertaken by the
Vice-Chair.
5.0 Role of the Secretary
The Secretary is responsible for ensuring a complete up to date record for the
Committee.
5.1 In liaison with the Chair, arrange date, time and venue for meetings.
5.2 In liaison with the Chair, set agendas and circulate agendas to the members two
business days prior to the meeting.
5.3 Circulate draft minutes to the members.
5.4 Keep a complete up to date record of the committee minutes.
6.0 Role of Members
Membership on the Committee is a position of responsibility and requires a strong
commitment to the Terms of Reference. Committee members are required to:
6.1 Attend all regularly scheduled meetings. Members shall notify the Chair,
Secretary or staff liaison if they are unable to attend a meeting.
6.2 Adhere to the provisions set out in the Policy for Boards and Committees of
Council. If a member has an unexplained absence of three or more consecutive
meetings then their seat on the Committee shall be declared vacant.
6.3 Review all information supplied to them.
6.4 Prepare information for use in the development of materials for the Committee.
6.5 Promote the role of the Committee and its decisions made.
6.6 Offer input to committee reports to Council.
6.7 Attend training as required to effectively perform their role as a committee
member.
6.8 Committee Members are subject to the Municipal Conflict of Interest Act R.S.O.
1990, c. M50 and must disclose any direct or indirect pecuniary interest. The
disclosure must be recorded in the minutes of the meeting.
7.0 Role of Municipal Staff
The Town of Tillsonburg, by its nature and purpose, affects and is affected by many
different Municipal departments. Assistance will be provided on an as required basis
Page 184 of 405
from various departments. Municipal staff will be responsible for carrying out the
following functions with respect to the Committee:
7.1 Act as an information resource.
7.2 Orientation of Committee members at the first meeting after Council
appointment.
7.3 Assist the Committee in its reporting to Council.
7.4 Provide correspondence to the Committee.
7.5 Responsible for maintaining accurate and up-to-date committee records and
providing minutes to Council.
8.0 Reports to Council
The Committee may advise and make recommendations to Council in accordance with
its’ role. Reports may be submitted as follows:
8.1 Verbally by a Council representative.
8.2 Written Report from staff liaison and/or presented by the Chair or the designated
representative to Council.
Page 185 of 405
Page 1 of 6
Subject: Request to repeal designating By-Law 3852, owner’s initiative (Rolph Street
Public School)
Report Number: CS 21-17
Department: Corporate Services
Submitted by: Amelia Jaggard, Deputy Clerk, Laura Pickersgill, Executive Assistant
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council endorse the Cultural, Heritage and Special Awards Advisory Committee’s
recommendation to not support the owner’s request to repeal By-Law 3852;
AND THAT Council refuses the application under Section 32 of the Ontario Heritage Act
to repeal By-Law 3852 (83 Rolph Street, Rolph Street Public School).
BACKGROUND
At the regular Council meeting held on July 14, 2014, the following recommendation
from the Heritage, Beautification and Cemetery (HBC) Committee was brought forward
for Council’s consideration:
THAT Rolph Street Public School is a culturally and historically significant
building in the Town of Tillsonburg;
AND THAT in the interest of preserving local treasurers, the Heritage,
Beautification and Cemetery Committee has identified the school as worthy of
heritage designation to preserve the exterior of the building in its current state;
AND THAT the Heritage, Beautification and Cemetery Committee recommends
Council move forward with the process of designating Rolph Street Public School
a heritage site under the Ontario Heritage Act.
Council received the committee’s recommendation and approved the steps required to
designate the Rolph Street Public School. On October 14, 2014, Council passed By-
Page 186 of 405
CS 21-17
Page 2 of 6
Law 3852 which designated “Rolph Street Public School” at 83 Rolph Street under
Section 29 of the Ontario Heritage Act, R.S. O. 1990 c. O.18, as being of Historic and/or
Architectural Value or Interest.
Schedule ‘B’ of By-Law 3852 “Description of Heritage Attributes” is meant to clearly
identify the heritage attributes of the property that should be protected and conserved.
The schedule includes the following list of key attributes of 83 Rolph Street (Rolph
Street Public School) that reflect its cultural and historical value within the Town of
Tillsonburg:
Original red brick
Original window openings and sills maintained
Original foundation of the building - heavy and thick stone and concrete with a
block stone covering
Original stonework around the 4 main entrances with a keystone above the
doorways and above the windows at each entrance (front and back of the school)
Original 5 dormers on the third floor overlooking the front of the school
Original chimney work on the roof for the hot water heating system
In June 2019, the developer of 83 Rolph Street (Rolph Street Public School) submitted
an alteration of property application. The proposed alterations would affect the following
two heritage attributes as listed in Schedule ‘B’ to By-Law 3852:
Original window openings and sills maintained
Original 5 dormers on the third floor overlooking the front of the school
The Town’s Cultural, Heritage and Special Awards Advisory Committee reviewed the
application and provided the following recommendation:
Moved by: Erin GettySeconded by: Carrie Lewis
THAT the committee recommend to Council to consent to the application as
presented at the committee’s special meeting on June 20, 2019.
At the regular Council meeting held on July 8, 2019, Council received the committee’s
recommendation via report CLK 19-18 and the following resolution was passed:
Moved By: Councillor Esseltine Seconded By: Councillor Parker
THAT Council receive report CLK 19-18 Application for Alteration of Property (83
Rolph Street), as information;
AND THAT Council consents to the application under Section 33 of the Ontario
Heritage Act to alter the original five dormers and subsequent window openings
and sills of the building located at 83 Rolph Street (Rolph Street Public School).
Page 187 of 405
CS 21-17
Page 3 of 6
Report CLK 19-18 has been attached to this report.
In December, 2020, the developer of 83 Rolph Street (Rolph Street Public School)
contacted the Clerk’s Office requesting to present to the Town’s Cultural, Heritage and
Special Awards Advisory Committee, to request that the designating By-Law 3852 (83
Rolph Street, Rolph Street Public School) be repealed.
DISCUSSION
Section 32 of the Ontario Heritage Act, R.S. O. 1990 c. O. 18 (“Act”) states: An owner of
property designated under this Part may apply to the council of the municipality in which
the property is situate to repeal the by-law or part thereof designating the property.
R.S.O. 1990, c. O.18, s. 32 (1).
Andrew Teeple of Athon Construction, on behalf of th e property owner, presented the
request to repeal designating By-Law 3852 (83 Rolph Street, Rolph Street Public
School) at the Cultural, Heritage and Special Awards Advisory Committee meeting held
on February 3, 2021.
A completed Heritage Permit Application form was submitted which outlines the
property owners’ reasoning for requesting the repeal of the designating By-Law; this
information has been attached to this report.
The Cultural, Heritage and Special Awards Advisory Committee passed the following
resolution at their meeting held on March 3, 2021:
Moved by: Carrie LewisSeconded by: Rosemary Dean
THAT the Culture, Heritage and Special Awards Advisory Committee does not
support the proposal from the developer of 83 Rolph Street to rescind the
heritage designation.
Repeal of Designating By-Law, Owner’s Initiative Process
As set out in Section 32 of the Ontario Heritage Act (“Act”), the key steps in the repeal
of designating By-Law, owner’s initiative process are as follows:
1. Consultation with municipal heritage committee
2. Decision of council
3. Notice of decision
A flowchart outlining the repeal of designating By-Law, owner’s initiative process has
been attached for information.
The Cultural, Heritage and Special Awards Advisory Committee received the request to
repeal the designating By-Law at their meeting on February 3, 2021.
Page 188 of 405
CS 21-17
Page 4 of 6
Section 32 of the Act states that after consultation with its municipal heritage committee,
the council then has ninety (90) days to:
(a) refuse the application, or
(b) consent to the application
The applicant and council may agree to extend the time. If council fails to notify the
applicant of its decision within such extended time as may be agreed upon, the council
shall be deemed to have consented to the application.
If council refuses the application notice of its decision will be given to the owner and to
the Trust. The owner may, within 30 days after receipt of the notice, apply to Council for
a hearing before the Conservation Review Board (CRB).
If council consents to the application notice of the intention to repeal the by-law will be
served on the owner and the Trust, and published in the newspaper. Any person may,
within 30 days after the date of publication of the notice of intention, serve on the clerk
of the municipality a notice of objection to the repeal of the by-law, which shall set out
the reason for the objection. If a notice of objection is served on the municipality, the
objection will be referred to the CRB prior to the expiry of the 30-day period.
If no notice of objection is served within the 30-day period, the council shall pass a by-
law repealing the by-law that designated the property as property of cultural heritage
value or interest and cause.
Next Steps
Council has the following two options. As noted earlier, where the council fails to notify
the applicant of its decision within such extended time as may be agreed upon, the
council shall be deemed to have consented to the application.
Option 1
THAT Council refuses the application under Section 32 of the Ontario Heritage Act to
repeal By-Law 3852 (83 Rolph Street, Rolph Street Public School).
Option 2
THAT Council consents to the application under Section 32 of the Ontario Heritage Act
to repeal By-Law 3852 (83 Rolph Street, Rolph Street Public School).
CONSULTATION
Cultural, Heritage and Special Awards Advisory Committee
Page 189 of 405
CS 21-17
Page 5 of 6
The following comments received from Eric Gilbert, S enior Planner, County of Oxford
were included in staff report CLK 19-18 and are applicable now.
The view looking west from Ridout Street to the former Rolph Street Public School was
identified as a significant view/vista in the 2012 Central Area Design Study.
Section 2.11 of the Study indicates:
Tillsonburg has a wealth of heritage buildings that contribute to its overall
character and visual beauty. All new residential buildings, as well as infill projects
and renovations should respect, complement and strengthen the heritage fabric
of Tillsonburg’s Central Area by using complimentary materials and proportions.
Heritage elements should always be retained and/or refurbished when
necessary.
Section 3.1 of the Study (Renovations/ Additions to Heritage Character Buildings)
indicates:
The rich heritage fabric of Tillsonburg’s Central Area is influential in defining the
overall character and identity of Tillsonburg. The historic quality should be
celebrated and encouraged. Historic buildings should be retained, and when
necessary, restoration work should maintain the integrity and intent of the original
design. Additions to historic or ‘heritage character’ buildings should undergo a
rigorous process of design review in order to ensure they contribute to the
character of heritage architecture…
Within all character areas, additions and renovations should maintain existing
floor-to-floor heights and should respect the building’s original appearance;
Staff requested legal advice in regards to the owner’s proposal to sign an irrevocable
undertaking to maintain the façade and other heritage elements, as well as place
$10,000 in security with the Town. The advice received indicated the best protection for
the building is to keep the by-law. A compromise with some protection for the building
façade would be to amend the site plan agreement with detailed elevation drawings, as
well as requiring at least $50,000 in security to be provided to the Town.
FINANCIAL IMPACT/FUNDING SOURCE
None.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
Page 190 of 405
CS 21-17
Page 6 of 6
☒ 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 – By-Law 3852
Appendix B – Heritage Permit Application
Appendix C – Repeal of Designating By-Law, Owner’s Initiative Flowchart
Appendix D – Staff Report CLK 19-18
Page 191 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3852
A BY-LAW to designate a property as being of Historic and/or Architectural Value or
Interest -Rolph Street Public School.
WHEREAS Pursuant to Part IV of the Ontario Heritage Act, the Council of a
municipality is authorized to enact by-laws to designate a real property, including all
or some of the buildings and structures thereon, to be of historic and/or architectural
value or interest;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has
caused to be served on the owners of the lands and premises at:
Lot 761 Plan 500; Part Lot 76, 764A Plan 500
83 Rolph Street
Town ofTillsonburg, ON
And upon the Ontario Heritage Foundation, notice of intention to designate Rolph
Street Public School at 83 Rolph Street, and has caused such notice of intention to
be published once in a newspaper having a general circulation in the municipality;
AND WHEREAS the reasons for designation are set out in Schedule 'B' attached
hereto and forming part of this by-law;
THEREFORE the Council of the Town of Tillson burg enacts as follows:
1. THAT the following real properties, more particularly described in Schedule "A"
attached hereto and forming part of this by-law is hereby designated as being of
historic and/or architectural value or interest:
Rolph StreetPublic School
83 Rolph Street
Town of Tillsonburg
County of Oxford
2. AND THAT the town solicitor is hereby authorized to cause a copy of this by-law to
be registered against the properties described in Schedule 'A' hereto in the property
Land Registry Office.
Read a First and Second Time this 14 day of October, 2014.
Read a Third and Final Time and passed this 14 day of October, 2014 .
. ·
/
Mayor-Dav
~,,c:::= - -
Clerk -Donna Wilson
Page 192 of 405
SCHEDULE 'A' TO BY-LAW 3852
In the Town of Tillsonburg, County of Oxford, property description as follows:
Lot 761 Plan 500; Part Lot 763, 764A Plan 500 as in 338169
SIT 438605, A76052 ROLL# 320404004031600
83 Rolph Street
Town of Tillsonburg
County of Oxford
Page 193 of 405
SCHEDULE 'B' TO BY-LAW 3852
REASONS FOR DESIGNATION -STATEMENT OF CULUTRAL HERTIAGE VALUE
Rolph Street Public School
83 Rolph Street
Circa 1913
Rolph Street public school is recommended for designation under Part IV of the Ontario
Heritage Act as a property of cultural heritage value or interest, as described in the
following Statement of Significance.
Description of the property
Rolph Street Public School is a three-story building located at municipal address 83
Rolph Street in the Town of Tillsonburg.
Statement of Cultural Heritage Value or Interest
Rolph Street Public School has significant cultural and historically significance to the
Town of Tillsonburg. Built between 1911 and 1913, the current school is on the same
parcel of land that the original Rolph Street Public School which was built in 1872. Over
the past 101 years, Rolph Street Public School has been home to thousands of school
children, many of which still reside within the Town of Tillsonburg. The school serves as
a wonderful tool to connect generations of people with shared memories and
experiences.
In addition to its cultural impact to the community, the school also holds architectural
importance with the Town. Being of early 19th century design, the building features
bright red bricks, original dormers and window sills, original stonework with keystones
above four main entrances, and the original redbrick chimneys. All of these features are
exuberated by a high degree of craftsmanship.
Description of Heritage Attributes
Key attributes of Rolph Street Public School that reflect its cultural and historical value
within the Town of Tillson burg includes:
• Original red brick
• Original window openings and sills maintained
• Original foundation of the building -heavy and thick stone and concrete with a
block stone covering
• Original stonework around the 4 main entrances with a keystone above the
doorways and above the windows at each entrance (front and back of the school)
• Original 5 dormers on the third floor overlooking the front of the school
• Original chimney work on the roof for the hot water heating system
The interior of the building is excluded from this designation by-law.
Page 194 of 405
Heritage Permit Application
Application Information
Name: _______________________________________________________
Address: __________________________________ P.O. Box: ___________
Town: __________________________ Province: _________ Postal Code:_________
Phone Number:_____________________ Email:_________________________
Owner Information (if different from applicant)
Name:_______________________________________________________
Address: _______________________________________ P.O. Box: ___________
Town: __________________________ Province: _________ Postal Code:_________
Phone Number:_____________________ Email:_________________________
Property Information
Municipal Address: __________________________________________________
Required Information:
Please select the information that has been attached to this application form.
Detailed description of proposed change(s)
Drawings
Photographs
Other: ____________________
Other: ____________________
Athon Construction & Development Corp. (Athon)
164 Herbert Street
Waterloo ON N2J 1T4
519-900-5455 andrew@athon.ca
Oxford Lofts Inc.
61 Flanders Dr.
Waterdown ON L8B 0G6
519-900-5455 timmckillican@gmail.com
83 Rolph Street, Tillsonburg, ON
■Letter
Page 195 of 405
Applicant’s Acknowledgement
The Applicant herby acknowledges that this application and the attached supporting document,
information and materials, if any, contains information collected and maintained specifically for the
purpose of creating a record available to the general public and is open to inspection by any person
during normal office hours pursuant to the provisions of the Municipal Freedom of Information and
Protection of Privacy Act; that conceptual development plans and/or drawings submitted with this
application are not reviewed for compliance with the Ontario Building Code and/or related regulations;
that submission of this application constitutes tacit consent for authorized Town staff representative(s)
to inspect the subject lands or premises, and to carry out any inspections, tests and investigations as
may be required; that additional fees and/or charges (e.g. building permit fees, parkland dedication
fees, development charges) associated with any development approved in conjunction with this
application may be required; that additional information and/or materials may be required, and
therefore, the application may not be deemed complete, nor processed unless the additional
information and/or materials are submitted, Any other approvals required for this undertaking are the
responsibility of the applicant.
Furthermore, the Applicant also acknowledges that this application is to be used by persons or public
bodies as an application for a Heritage Permit. In the application, “subject land(s)” mean the land(s)
that is the subject of this application. This application and any attached supporting documentation,
contains information collected and maintained specifically for the purpose of creating a record
available to the general public and is open to inspection by any person during normal office hours.
Personal information on this application is collected under the authority of the Municipal Act, as
amended, and the Ontario Heritage Act, as amended, and will be used in the processing of the
application for a Heritage Permit.
Applicant’s Signature: __________________________ Date: ______________________
Owner’s Authorization
If the applicant is not the owner of the land that is the subject of this application, then written
authorization by the owner, authorizing the applicant to prepare and submit the application must be
attached, or the owner must complete the authorization set out below.
I, _______________________, am the owner of the land that is the subject of this application and I
authorize ___________________________________ to prepare and submit this application on my
behalf.
Owner’s Signature: ____________________________ Date: _______________________
The personal information on this form is collected under the legal authority of Section 33(2), Section
42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the purposes
of administering the heritage permit application and ensuring appropriate service of notice of receipt
under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have any questions about
this collection of personal information, please contact the Town of Tillsonburg Clerk’s Office at 519-
688-3009.
December 16, 2020
Timothy McKillican
Athon (c/o Andrew Teeple)
December 16, 2020
Page 196 of 405
Thursday, December 17, 2020
Attn: Laura Pickersgills
204-200 Broadway
Tillsonburg, Ontario
N4G 5A7
lpickersgill@tillsonburg.ca
P: 519-688-3009 X4042
Dear Culture, Heritage and Awards Committee,
This submission proposes an alternate method of protecting 83 Rolph Street in lieu of the current official heritage
designation. Below I will discuss where we are in the restoration process, the reason for this request, and a proposed
solution.
As you may be aware, the former Rolph Street Public School is nearing the end of its restoration and transformation.
We are very proud of how the building has come together and hope you are all equally thrilled with the results.
When the school was closed, the heritage designation was recommended to protect the facade from demolition,
alteration, or general disrepair. Now that the project is complete, I believe our commitment to the building speaks for
itself.
The problem we have encountered is that the heritage designation has had the unintended consequence of rendering
the project essentially uninsurable. Reaching out through multiple insurance brokers, we contacted approximately 35
insurers, all insurers declined except one. The company which agreed to insure the project would only do so for about
300% of the cost of an otherwise similar policy. This is despite the building being renovated entirely from the ground
up. This insurance premium is a significant additional reoccurring cost each year, forever; not to mention future annual
increases.
From a practical perspective, the building has been brought up to, and in many cases beyond, modern standards of fire
separations, fire suppression, electrical codes, and other life safety systems, and structural support. In other words,
this building is much safer than it has ever been, and the risk of such a loss is nearly unimaginable.
Despite the upgrades, the situation which the insurers are worried about is a catastrophic loss. In such an event, they
are concerned about being held accountable for the complete restoration of each and every aspect and specific material
as initially constructed in 1912. This would not be possible, hence the un-insurability. The heritage designation also
Page 197 of 405
adds uncertainty and risk to the insurer's disaster response by slowing the remedial work with additional sourcing,
procdesses, and approvals.
If there was damage to the heritage facade, we would continue to do everything reasonable to repair and preserve the
building; the heritage facade is an asset that we have every intention of protecting. As an example of our commitment,
since I last came before the committee, we have at our discretion performed many optional extra repairs and upgrades
to the facade, including having the entire building chemically cleaned, sealed, and painted. The building looks
beautifully refreshed, and this work will protect the facade for many decades to come.
We are not proposing to eliminate the protection of the facade; we are proposing to replace the heritage designation
with a more precise mechanism that will accomplish your goals while not imposing an undue burden on the project. I
suggest that the staff determine the exact mechanism; I propose the following as a basis:
The owner will sign an irrevocable undertaking to maintain the facade and other heritage elements. The maintenance
will be to the reasonable satisfaction of the Town of Tillsonburg and the Culture, Heritage and Awards Committee.
The owner will place $10,000 in security with the Town of Tillsonburg. Should a concern arise, the Town of
Tillsonburg shall notify the owner giving 90 days notice to make the repairs. If the requested repairs are refused or
insufficient, the Town of Tillsonburg has the right to unilaterally deploy the security to remedy the concerns.
I believe the heritage designation mostly works by disallowing inappropriate modifications, whereas the above
undertaking could even stipulate a level of appropriate upkeep. Therefore, this agreement would result in better care
and attention to the facade's maintenance in all day-to-day circumstances and gives the Culture, Heritage and Awards
Committee the resources it needs.
With tenants scheduled to move in, we had no choice but to proceed with the only insurance option on offer for the
first year of operations. Ironically, had we not been fortunate enough to find one insurer, the building would be sitting
vacant, uninsured, and more vulnerable than ever. We may not be as lucky when this policy expires in October 2021;
finding a compromise where we can make certain that the building can obtain multiple competitive and complete
insurance offers is the best way to guarantee its future.
Finally, if at any point in the future you believe that the building is in danger, you could mearly reinstate the heritage
designation.
If approved, and if at all possible, I would ask that the process be finalized by March 31, 2021.
Page 198 of 405
For more information on the finished project, the history, and some of the many historical elements we have integrated
back into the building please visit www.oxfordestates.ca.
I appreciate your consideration and welcome any questions, concerns, or feedback.
Sincerely,
Andrew Teeple
Athon Construction and Development Corporation
P: 519-900-5455
F: 1-888-732-7207
E: andrew@athon.ca
Page 199 of 405
Figure 1 - Recent outside sample photo
Figure 2 - Recent inside sample photo
Page 200 of 405
Figure 3 – Wall sample before restoration and protection.
Figure 4 – Wall sample after restoration and protection
Page 201 of 405
Designating Heritage Properties • Appendix: Flowcharts
38
5. Repeal of Designating Bylaw, Owner’s Initiative
(Section 32 of the Ontario Heritage Act)
Property removed from
Canadian Register
CRB hearing and reportCouncil considers CRB Report
Property removed from
municipal and provincial registers
Notice of Repeal:
1. Served on property owner
2. Served on OHT
3. Published in newspaper
Repeal bylaw passed &
registered on title
Notice of Withdrawal of Intention
to Repeal:
1. Served on property owner
2. Served on OHT
3. Published in newspaper
Bylaw not repealed
Council consults with MHC
Objections within 30 days?
Notice of Intention to Repeal:
1. Served on property owner
2. Served on OHT
3. Published in newspaper
Objection referred to
CRB for hearing
Notice of Hearing
published in newspaper
CRB hearing and report
Council considers CRB Report
YES
YES
NO
NO
YES
NO
Repeal requested by
property owner
Notice of Decision to Refuse:
1. Served on property owner
2. Served on OHT
Notice of Hearing
published in newspaper
Bylaw not repealed
Objection referred to
CRB for hearing
NO
YES
Council Decision*
within 90 days:
Proceed with repeal?
Council Decision:
Repeal bylaw?
Property owner objection
within 30 days?
* Council decision final where CRB hearing has taken place
Page 202 of 405
Report Title Application for Alteration of Property (83 Rolph Street)
Report No. CLK 19-18
Author Amelia Jaggard, Legislative Services Coordinator
Meeting Type Council Meeting
Council Date July 8, 2019
Attachments
Attachment A: By-Law 3852
Attachment B: Heritage Permit Application
Attachment C: Alteration of Property Flowchart
Page 1 / 6 Application for Alteration of Property (83 Rolph Street)
RECOMMENDATION
THAT Council receive report CLK 19-18 Application for Alteration of Property (83 Rolph Street),
as information;
AND THAT Council consents to the application under Section 33 of the Ontario Heritage Act to
alter the original five dormers and subsequent window openings and sills of the building located
at 83 Rolph Street (Rolph Street Public School).
BACKGROUND
At the Regular Council Meeting held on July 14, 2014, the following recommendation from the
Heritage, Beautification and Cemetery (HBC) Committee was brought forward for Council’s
consideration:
THAT Rolph Street Public School is a culturally and historically significant building in the
Town of Tillsonburg;
AND THAT in the interest of preserving local treasurers, the Heritage, Beautification and
Cemetery Committee has identified the school as worthy of heritage designation to
preserve the exterior of the building in its current state;
AND THAT the Heritage, Beautification and Cemetery Committee recommends Council
move forward with the process of designating Rolph Street Public School a heritage site
under the Ontario Heritage Act.
Council received the committee’s recommendation and approved the steps required to
designate the Rolph Street Public School. On October 14, 2014, Council passed By-Law 3852
which designated “Rolph Street Public School” at 83 Rolph Street under Section 29 of the
Ontario Heritage Act, R.S. O. 1990 c. O.18, as being of Historic and/or Architectural Value or
Interest.
On June 6, 2019, the developer of 83 Rolph Street (Rolph Street Public School) contacted the
Clerk’s Office requesting to present the proposed alterations to the building at a meeting of the
Town’s Cultural, Heritage and Special Awards Advisory Committee.
Page 203 of 405
Page 2 / 6 CAO
DISCUSSION
Section 33 (1) of the Ontario Heritage Act, R.S. O. 1990 c. O.18 (“Act”) sates: No owner of
property designated under Section 29 shall alter the property or permit the alteration of the
property if the alteration is likely to affect the property’s heritage attributes, as set out in the
description of the property’s heritage attributes that was required to be served and reg istered
under Subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of
the municipality in which the property is situate and receives consent in writing to the alteration.
2002, c. 18, Sched. F, s. 2 (16); 2005, c. 6, s. 21 (1).
When alterations are proposed to a designated property the “Description of Heritage Attributes”
(found in Schedule ‘B’ to By-Law 3852) are meant to guide future alterations to the designated
property by clearly identifying the heritage attributes of the property that should be protected and
conserved.
Schedule ‘B’ to By-Law 3852 includes the following list of key attributes of 83 Rolph Street
(Rolph Street Public School) that reflect its cultural and historical value within the Town of
Tillsonburg:
• Original red brick
• Original window openings and sills maintained
• Original foundation of the building - heavy and thick stone and concrete with a block
stone covering
• Original stonework around the 4 main entrances with a keystone above the doorways
and above the windows at each entrance (front and back of the school)
• Original 5 dormers on the third floor overlooking the front of the school
• Original chimney work on the roof for the hot water heating system
Andrew Teeple of Athon Construction, on behalf of the property owner, presented the proposed
alterations to the building located at 83 Rolph Street (Rolph Street Public School) at the Cultural,
Heritage and Special Awards Advisory Committee meeting held on Thursday, June 20, 2019.
A completed Heritage Permit Application form was submitted and attached to this report
including drawings. The property owner is proposing to stand the f ront three dormers up straight
by creating three gable roofs to match the already approved gable roofs on the rear of the
building. The other two dormers will be updated to match the original style.
The proposed alterations would affect the following two heritage attributes as listed in Schedule
‘B’ to By-Law 3852:
• Original window openings and sills maintained
• Original 5 dormers on the third floor overlooking the front of the school
The Cultural, Heritage and Special Awards Advisory Committee passed the following resolution
at their meeting held on Thursday, June 20, 2019:
Moved by: Erin Getty
Seconded by: Carrie Lewis
THAT the committee recommend to Council to consent to the application as presented at
the committee’s special meeting on June 20, 2019.
Carried.
Page 204 of 405
Page 3 / 6 CAO
Alteration of Property Process
As set out in Section 33 of the Ontario Heritage Act (“Act”), the key steps in the alteration of
property process are as follows:
1. Notice of receipt
2. Consultation with Municipal Heritage Committee
3. Decision of council
4. Notice of decision to the owner of the property and to the Ontario Heritage Trust
A flowchart outlining the alteration of property process has been attached for information.
The Cultural, Heritage and Special Awards Advisory Committee was presented with the
proposed alterations to the building located at 83 Rolph Street (Rolph Street Public School) on
Thursday, June 20, 2019.
Section 33(2) of the Act states that a council may require that an applicant provide any other
information or material that the council considers it may need. If additional information is
requested by council, then once all information is received, notice of receipt of the complete
application shall be served on the property owner. Council then has 90 days after a notice is
served on the property owner to:
(i) consent to the application,
(ii) consent to the application on terms and conditions, or
(iii) refuse the application,
Council shall serve notice of it decision on the property owner and on the Ontario Heritage Trust.
If council fails to notify the owner within the time p eriod determined, council shall be deemed to
have consented to the application.
If council consents to the application upon certain terms and conditions or refuse s the
application, the owner may, within 30 days after receipt of the notice, apply to Council for a
hearing before the Conservation Review Board (CRB).
Next Steps
If council is satisfied that a complete application with sufficient supporting information has been
received, council may proceed to making a decision on the application in its current state.
Option 1
THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter
the original five dormers and subsequent window openings and sills of the building located at 83
Rolph Street (Rolph Street Public School).
Option 2
THAT Council refuses the application under Section 33 of the Ontario Heritage Act to alter the
original five dormers and subsequent window openings and sills of the building located at 83
Rolph Street (Rolph Street Public School).
Page 205 of 405
Page 4 / 6 CAO
CONSULTATION
The following comments were received from Eric Gilbert, Senior Planner, County of Oxford:
The view looking west from Ridout Street to the former Rolph Street Public School was identified
as a significant view/vista in the 2012 Central Area Design Study.
Section 2.11 of the Study indicates:
Tillsonburg has a wealth of heritage buildings that contribute to its overall character and
visual beauty. All new residential buildings, as well as infill projects and renovations
should respect, complement and strengthen the heritage fabric of Tillsonburg’s Central
Area by using complimentary materials and proportions. Heritage elements should
always be retained and/or refurbished when necessary.
Section 3.1 of the Study (Renovations/ Additions to Heritage Character Buildings) indicates:
The rich heritage fabric of Tillsonburg’s Central Area is influential in defining the overall
character and identity of Tillsonburg. The historic quality should be celebrated and
encouraged. Historic buildings should be retained, and when necessary, restoration work
should maintain the integrity and intent of the original design. Additions to historic or
‘heritage character’ buildings should undergo a rigorous process of design review in order
to ensure they contribute to the character of heritage architecture…
Within all character areas, additions and renovations shou ld maintain existing floor-to-
floor heights and should respect the building’s original appearance;
The proposed modifications would appear to be in-keeping with the guidelines and
recommendations of the Central Area Design Study (2012) for an adaptive re -use of a
historically significant building within the Central Area.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
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
Page 206 of 405
Page 5 / 6 CAO
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 207 of 405
Page 6 / 6 CAO
Report Approval Details
Document Title: CLK 19-18 Application for Alteration of Property (83 Rolph
Street).docx
Attachments: - Attachment A - By-Law 3852.pdf
- Attachment B - Heritage Permit Application - 83 Rolph Street.pdf
- Attachment C - Alteration of Property Flowchart.pdf
Final Approval Date: Jul 2, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Jul 2, 2019 - 9:44 AM
Page 208 of 405
Page 1 of 4
Subject: Offers to Purchase – Walkway between Woodland Crescent and Trillium Drive
Report Number: EDM 21-07
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-07 CLD Offers to Purchase – Walkway between
Woodland Crescent and Trillium Drive;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into
an agreement of purchase and sale with John Peters for the property described as the
East part of Block 88, Plan 41M-139, and to be described by a new reference plan;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into
an agreement of purchase and sale with Margarita Janzen for the property described as
the West part of Block 88, Plan 41M-139, and to be described by a new reference plan.
BACKGROUND
Council declared the Walkway between Woodland Crescent and Trillium Drive as
surplus to the Town’s needs at their December 14, 2020 meeting:
THAT Council receive report DCS 20-32 Surplus Land Declaration Walkway
between Woodland Crescent and Trillium Drive;
AND THAT the walkway property, described as Block 88, Plan 41M-139, be
declared surplus to the needs of the Town of Tillsonburg in accordance with
Bylaw 3549 – Sale of Real Property Policy including suitable notification to the
public.
Further to the surplus declaration, the Town has received offers to purchase from two of
the four property owners. The offers to purchase are from the property owners on
Woodland Crescent are for an equal portion of the Walkway lands immediately adjacent
to their properties.
Page 209 of 405
EDM 21-06
Page 2 of 4
The purpose of this report is to seek Council approval to enter into an Agreement of
Purchase and Sale with the two property owners.
Figure 1 – Subject Property: John Peters
Figure 2 – Subject Property: Margarita Janzen
DISCUSSION
The details of their offer to purchase are:
Page 210 of 405
EDM 21-06
Page 3 of 4
Offer Details – John Peters Offer Details – Margarita
Janzen
Price $5,150 $5,150
Area (estimated
subject to final
adjustments)
578 square feet 578 square feet
The Development Commissioner is recommending that Council approve these
agreements, which will provide additional land to the adjacent property owners.
CONSULTATION
The intent to declare the property as surplus to the Town’s needs was circulated to all
Town Departments and Tillsonburg Hydro Inc as detailed in Report DCS 20-32 Surplus
Land Declaration – Walkway between Woodland Crescent and Trillium Drive with no
concerns being identified.
The property was declared surplus on December 14, 2020. A public notice was posted
on the property on December 11, 2020 and posted on the Town’s website on December
16, 2020. The deadline to register interest was 12:00 PM (noon) on Monday, January
11, 2021. Both adjacent property owners registered an interest in the property. One of
the North property owners expressed interest initially, but then changed their mind. One
property owner did not respond at all.
The agreement template used was prepared with advice from Duncan, Linton LLP.
FINANCIAL IMPACT/FUNDING SOURCE
An estimate of the property’s value was obtained through a Letter of Opinion prepared
by Royal Lepage RE Wood Realty dated November 26, 2020. The Letter of Opinion
indicated that the value for the 2,357 square feet of property is approximately $21,000
or $8.91 per square foot of land.
The offers have been submitted for approximately one-quarter of the Walkway lands
(essentially 1.5 metres wide and 36 metres long) at the market value for the property.
In addition to the purchase price, the purchasers have agreed to pay the legal and
survey costs related to the transaction.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
Page 211 of 405
EDM 21-06
Page 4 of 4
☒ 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 profess ionals
☐ 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 – Agreement of Purchase and Sale – John Peters
Appendix B – Agreement of Purchase and Sale – Margarita Janzen
Page 212 of 405
Page I i
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
JOHN PETERS
(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 8.91 per square foot. The estimated area
of the Property is 578 square feet and the estimated total Purchase Price is Five Thousand,
One Hundred and Fifty Dollars ($5,150). 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) One Thousand Dollars ($1,000.00) deposit is payable by the Purchaser by certified
cheque upon Acceptance of this Agreement, to be held on an interest free basis by the
Solicitor for the Vendor as a deposit pending completion of this transaction on account
of the Purchase Price on completion, or if this Agreement is not completed through no
fault of the Purchaser, the deposit shall be returned to the Purchaser; and
(b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor
on the Completion Date, by certified cheque or bank draft.
SECTION II • PURCHASE OF PROPERTY
4. Irrevocable Date
(a)
(b)
This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m.
on the 161h day of April, 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.
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 lniti~ Seller's Initials __ _
Page 213 of 405
(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. DeedfTransfer
(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 on May 20, 2021, 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 29, 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 Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and
that it must satisfy itself by April 29th, 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 claims against the Vendor in respect of any environmental
liabilities on the Property. The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in the
preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with
the Property, it shall deliver written notice to that effect to the Vendor by no later than
the time specified herein, and this Agreement shall be terminated and the deposit shall
be returned to the Purchaser without interest or deduction. If the Vendor is notified
that the condition of the Property is not satisfactory, then the Purchaser shall, prior to
receiving its deposit monies back and prior to being entitled to a full release from the
Vendor with respect to this Agreement, restore the Property to its original condition as
it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole
expense. If the Purchaser fails to deliver written notice to the Vendor within the time
specified herein regarding this condition, this condition shall be deemed to have been
waived by the Purchaser.
10. Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedules "A" and "B".
11. Investigation by the Purchaser
Buyer's Initial~ Seller's Initials __ _
Page 214 of 405
(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.
18. geyele,:iR'leAt CeYeAaAts aAa PlestFistieAs
(e) Tl:le PFe,:ier:ty sl'lell l:Je e1::11:Jjeet te tl'le eleYele,:iR'leAt ee•reAeAte eAa restrietieAs F!'lere
,:iertie1::1lerly set e1::1t iA Sel'lea1::1le "g" etteel'lea te tl'lie APS, wl'liel'l el'lell e1::1FYi're tl'le
eeFRJ3letieA ef tAis treAseetieA &RS rwR 'a¥itA ti=te PreJ3eRy. TRe 8e'ieleJ3FRSAt eeveAaRts
eAa FestFistieAs sl'lall l:Je FesisteFea eA title l:Jy tl;ie VeAaeF. IA tl'le eYeAt tl'lat tl'le saia
ee•reAaAts aAa FestFietieAS eFe Aet FS!!liSteFea SA title te tl'le PFe,:ier:ty SA SF l:JefeFe
eleeiA!!I, tl'le P1::1Fel'laseF eeYeAaAts aAa asFees te eeAseAt te tl'le FesistFatieA ef tl'le
eeYeAaAts aAa reetrietieAe after eleeiA!!I.
16. Property Not for Resale
(a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the parcel with the Purchaser's adjoining property 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 agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable notice
to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance and
complete the purchase or to cancel the APS and have all the deposit monies paid to
the Vendor returned together with all interest earned thereon without deduction.
SECTION V ·COMPLETING THE TRANSACTION
Buyer's lnitia¢ Seller's Initials __ _
Page 215 of 405
19. Deedffransfer
(a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of
the Purchaser 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, at the Purchaser's expense, is 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 May 13th, 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 registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any and
all liens, chattel mortgages, assignments or any other security interest given by the
Vendor against its personal Property.
25. Adjustments
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates
shall be apportioned and allowed to the Completion Date, the day itself to be
~pned to the Purchaser.
Buyer's Initial~ Seller's Initials __ _
Page 216 of 405
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 relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
SECTION VI -MISCELLANEOUS
28. Entire Agreement
Seller's Initials __ _
Page 217 of 405
(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
ATTENTION: Patrick J. Kraemer
45 Erb Street West
Waterloo, ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
DENNIS ORORJAN Barrister & Solicitor
ATTENTION: Dennis Odorjan
37 Harvey Street
Tillsonburg, ON N4G 3J7
Fax: (519) 842-6091
If mailed, such notices must also be given by facsimile transmission on the date it was
so mailed. If so given, such notices shall be deemed to have been received on the first
business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to this
APS with the Vendor's written approvaL which shall not be unreasonably withheld.
including assignment to another corporation with the same shareholders as the
Purchaser. Subject to the restrictions in the preceding sentence, the Vendor agrees to
engross the Transfer/Deed of Land as directed by the Purchase on the completion Date
as the Purchaser may elect, and the Vendor agrees to complete the transaction
contemplated by this APS on the Completion Date with such assignee or nominee. The
Purchaser is released from all liability hereunder, if it assigns its interest in this APS.
This Agreement shall be binding upon the parties hereto and their respective
successors and assigns.
34. Schedules
(a) _~_?wing Schedules shall form an integral part of this Agreement:
Buyer's Initial~ Seller's Initials __ _
Page 218 of 405
(i) Schedule "A" Description of the Property;
(ii) Schedule "B" Conditions;
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.
Seller's Initials __ _
Page 219 of 405
IN WITNESS WHEREOF the Purchaser has executed t hi s Agreement:
Dated at -~'~'"~~~Y-'.'!Ci,.....~~')--' Ontario this ~ \ day of _\Y\~o~'~C~~-· 2020 .
Pee ~
Na ~~
Title :
Name :
Title :
I/We have authority to bind the Corporation .
The Ve ndor hereby accepts this Agre ement according to its te rms.
Dated at Tillsonburg , Ontario this :3i ( day of fVl. grc.J, , 20 2 1.
IN WITNESS WHEREOF the Vendor has e xecute d this Agreement:
The Corporation of the Town of
Tillson burg
Ste ph e n Molna r
Mayor
Michelle Smibert
Cl erk
W e have a uthority to bind The Co rpora tion
of th e Town of Tillsonburg .
S e ll er's Initi als __ _
Page 220 of 405
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 a portion of Block 88, Plan 41 M-
139, and to be described by a new reference plan:
............ N7e•n•!WE 11
148.0i? 5.18
<+ TRILLIUM
,'b N 79•37'5o"E ~
27.5l ZJ,50 27.50 27.50 0
3 3 • z • • "oo <t ~ R 9
10 o S?o --,.. fl .-,.. 10 "t11": I I N • 12 lJ N • N IO II') N IO N~
• t. .. !.. Ill !.. II') BLOC ~:: --·~' --N z z z .. z 87 ~ N78•37'5d°E' ~ 110.02 0 IO 0
Z7.llZ ,lb 27.llO Z7.50 !ft 27.50 86 "l<I' Ill
l'J•
,<?J ;i: ,..0 IQ ~ 17.02 23.Z5 23.25 ,'<:> 23.25 ~ '2
,.. !::
• !i.24 31 11 s !S ,.. 'o o 'o 'o ·o -'41 -o -0 -0 N .-IO • Q) • Ill f>I~ !. Ill 17 N• 16 N • 15 N •
"' NII) NII) N IO 14 N It) 13 i !. "' ... !.. "' ,_ "'
i i i l!! r--.
3.00
22.29 23.25 2!M?5 2U!I 23.25 35.00
1n'f •• -0. N7R0 3T'5o"F .0. .fl .e 1'11.nn -z
Seller's Initials __ _
Page 221 of 405
SCHEDULE "B" -PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of
the following terms and conditions on or before , which terms and conditions
are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the
Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and
Agreement arising from the offer shall be at an end and all parties released from their
obligations:
(a)
Buyer's Initial~ Seller's Initials __ _
Page 222 of 405
P a g e I
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
MARGARITA JANZEN
(the "Purchaser")
WHEREAS the Vendor is the owner, in fee simple , of the lands and premises described in Schedule
"A" (the "Property");
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows :
SECTION I -GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement .
2 . In consideration of the agreement referred to in the preceding paragraph , the Purchaser shall
pay to the Vendor a Purchase Price of Five Thousand One Hundred and Fifty ($5, 150)
Dollars. The e stimated area of the Property is 578 square feet.
3 . The Purchase Price shall be paid as follows:
(a) One Thousand Dollars ($1 ,000.00) deposit is payable by the Purchaser by certified
cheque upon Acceptance of this Agreem e nt, to be held on an interest free basis by
th e Solicitor for the Vendor as a depos it pending completion of this transaction on
account of the Purchase P rice on compl etion , or if this Agreement is not com pleted
through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and
(b) the balance of the Pu r chase Price , subject to adjustments , shall be pa id to the
Vendor on the Completion Date , by certifi e d c heque or ban k draft.
SECTION II -PURCHASE OF PROPERTY
4. Irr e vocable Date
(a ) T hi s A PS s h a ll be irre vo ca bl e a n d o pe n for acce pta n c e b y t he V en dor u ntil 6 :00 p .m .
on the 15th d a y of A pri l, 2021 ("A cce pta n ce"), a nd wh e n a c cepte d s ha ll const itute 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 ) Acce pta n ce shall mea n t h e date upon whi ch th e M a yor a nd Cl e rk of th e T own of
T ill s on b u rg, or s uc h oth e r pe rsons a s the V e ndo r m ay a uthor ize from ti m e t o tim e,
sig n a n d e x e c ute thi s APS s ubs e q u e nt to t he require m e nt t h at th e Counci l of T h e
Corporation of the T own of T illsonburg has passed a resolution or by-law authoriz ing
and approving the sale of the Property to th e Purchaser pursuant to the terms of this
APS.
(c) T he p a rt ie s agree a nd a c k n owle dge th at ne gotiatio n of thi s A PS is not a v alid a nd
bi nd ing a g re e m e nt u nt il a cce pte d b y th e C oun c il of T he Corpo rati o n of t he T own of
T ill s o n b u rg . T he C hief Admi n istrative Offi ce r of th e Tow n of T ill son b urg , o r h is o r h e r
Buyer's lnitials.2/l{) , Selle r's Initials __ _
Page 223 of 405
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 on May 20, 2021, 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 29, 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 Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is " condition
and that it must satisfy itself by April 29, 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 claims against the Vendor in respect of any environmental
liabilities on the Property . The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in th e
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 , re store the Property to its origin al
condition as it existed prio r to such testing or inspe ction by the Purchaser , at th e
Purchaser's sole expense. If the Purchaser fails to deliver written notice to the
Vendor within the time spe c ified herein regarding this condition, this condition shall be
deemed to have been waived by th e Purchaser.
10 . Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedules "A " and "B ".
11 . Investigation by the Purch aser
(a) Th e Purchase r ackn owl edges havin g in s pect ed th e Pro perty prior to executing th e
A PS and und e rst and s th at upon Acce ptance by th e V endor, and s ubj ect to any
.m ons herein , there shall be a binding agreement of purchase and sale between
Buyer's lnitialsV Sell er's Initials __ _
Page 224 of 405
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 prov ide 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 Resale
(a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the parcel with the Purchaser's adjoining property and not for the
purpose of resale of vacant land.
SECTION IV -PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) Th e Purchaser, its age nts and contractors shall be permitted to inspect th e Property
and any buildings as frequently as is re asonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insura nce
(a) Pend in g closing , th e Ve ndo r shall hold all in su rance polici es a nd th e procee ds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property . The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the depos it monies
paid to t he Vendor returned together with all inte rest ea rned thereon without
deduction .
SECTION V -COMPLETING THE TRANSACTION
19. Deed/Transfer
(a) T he Deed or Transfe r of the Property will be prepa red by the V endor at th e expense
of th e Purchaser in a form acce ptable to th e so licitors for the Purchaser and th e
Purc hase r will pay a ll Land Transfe r Tax, Harmon ized Sa les Tax and other cos ts in
CMnion with the registration of it.
Buyer's Initi als, Se ller's Initi als __ _
Page 225 of 405
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 , at the Purchaser's expense , is 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 May 13, 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 wh ich 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 Ve ndor agrees to obtain and register at its own expense , on or before the
Completion Date , a discharg e of all li ens, encumbrances , agreements and mortgages
now registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge , on or before the Completion Date, any
and all liens , chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property .
25 . Adjustm e nts
(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, mortg age, interes t , t axes, lo cal improve ments , water and as sessm ent
rates sha ll be apportion ed and allowe d to th e Compl etion Dat e, th e day its e lf to be
apportioned to the Purchaser.
26 . Deliveries by th e Vendo r To The Purchaser on Closing
(a) Th e V endor co ve nants and agrees to deliver to the Purchaser on th e Com pletion
Date, a ll such de live ri es to be a co ndition of th e Purchaser's oblig ati on to close thi s
trans ction, th e following :
Page 226 of 405
(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 autho rized officer of the Vendor stating that
accurateness and truthfulness of all of the representat ions and warran t ies ;
(iv) a Statutory Declaration by an authorized officer of the Vendor as to
possession of the Property in a form acceptable t o the solicitors for the
Purchaser;
(v) a Statutory Declaration by an autho rized 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 Ta x Act, R.S .C .,
1985, c. 1 (5th Supp.) as amended ;
(vi ) certified copies of all appropriate certificates , by -l aws and other documents of
Vendor authorizing the transa ction herein ; and
(vii) such further documentation and assurances as the Purchaser may reasonably
requ ire to complete the transaction contemplated by the APS.
27. Harmonized Sales Tax
(a) T he parties hereto acknowledge and agree that the transaction contemplated herein
is subject to the Harmonized Sales Ta x (HST) under the Ex cise 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 unde r the Act payable in connection with
the transfer of the Property t o th e Purchaser, or as it may direct , unless the Pu rchas er
or its nom inee , or its assignee, provid e s:
(i) a certificate on or before the Completion Date containing a representat ion and
wa rranty to the Vendor that:
(1) it is registered for th e purpose of the HST on t he 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 t o subsectio n 22 8(4) of the Act in connectio n with the
purchase of the P roperty ;
(3) the Property transf erred pursuant to th is A PS is be ing pu rchased by
th e Purchaser, or it s nomin ee or ass ig nee, as princip a l for it s 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 mad e to an individual for the
purpose of para gra ph 221 (2)(b) of th e A ct ;
(4) an ind em nity, in demnif yin g and savin g harmless th e V endor fro m any
HST pay abl e on thi s transacti on and pe na lty and in tere st relating to
HST; and
(5 ) a notarial tru e copy of its HST reg istrat ion con fir mation .
SECTION VI -MISCELLANEOUS
28 . Entire Agree me nt
(a) T here is no re prese nt at ion , w ar ran ty , co ll atera l ag reeme nt or co nd itio n affectin g thi s
Agree ment of th e Property ot her t han exp ressed here in.
29 . Tend e r
(a) Any te nd er of doc um e nts or mon e ys hereu nd er may be ma de upon th e so licitor
actin g for t he pa rty upon wh om te nd e r is des ired, and it sha ll be suffic ient th at a
neg otiabl e, cert ifi ed c heque or bank draft ma y be tend e red instead of cas h.
Buy er's lniti als£/L. Se ll e r's Initials ---
Page 227 of 405
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 writi ng and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail , postage prepaid , addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed :
Solicitors for the Vendor:
Duncan , Linton LLP
ATTENTION : Steven Ross
45 Erb Street West
Waterloo , ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to :
The Corporation of the Town of Tillsonburg
ATTENTION : Development Commissioner
204-200 Broadway
Tillsonburg , ON N4G 5A7
Fax : 519-842-9431
Solicitors for the Purchaser:
James Boll
Brimage Law
PO Box 188
Simcoe , ON
519.426 .5840
jboll@brimage.com
If mailed , such notices must also be given by facsimile transmission on the date it
w as so mailed. If so given , such notices shall be deemed to have been recei ved on
th e first busin ess day following the date it was delivered or marked mailed out.
33 . Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right , title and inte rest in and to
this APS with the Vendor's written approval .l. which shall not be unreasonably
withh eld .l. including ass ignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence , the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor ag rees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee . The Purchase r is released from all li abi lity hereunder, if it assigns its
inte rest in this APS . This Agree ment shall be binding upon the parties hereto and
th e ir resp ective success ors and assigns.
34 . Schedules
(a) The following Sched ul es sha ll form an integral part of this Agreement:
(i) Schedu le "A" Description of th e Property ;
(ii) Schedu le "B'' Conditions ;
35. Accep~y Fax or Ema il
Buyer's Initial , Se ll e r's Initials ---
Page 228 of 405
(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 s igned in any number of counterparts , each of which is
considered to be an original , and all of which are cons idered to be the same
documents .
37 . Severability
(a ) If any provision of this Agreement , or the application the reof to any circumstances ,
shall be he ld to be invalid or unenforceable , then the remaining provisions of this
Agreement , or the application thereof to other circumstances , shall not be affected ,
and shall be valid and enforceable .
Buyer's I n iti a l ~ Se ll er's Initi als __ _
Page 229 of 405
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at _________ , Ontario this ___ day of ______ , 2021.
**
Name :
Title :
IM/e have authority to bind the Corporation .
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillson burg , Ontario this ___ day of _______ , 2 021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
B uyer's In it ia ls __ _
The Corporation of the Town of
Tillson burg
Stephen Molnar
Mayor
Mich e ll e Smibert
Cl e rk
We have authority to bind T he Co r poration
of the Town of T illsonburg .
Se ll e r's Initi a ls ---
Page 230 of 405
SC HEDULE "A" -LEGAL DESCRIPT ION 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 Oxfo rd , being compromised of a portion of Block 88 , Plan
41 M-139 , and to be described by a new reference plan :
I ' N 78° H 0 5 o· E " ...... .,. .. -'53 . 2'0 -W-~.1 8 146.02 --+-I .v ~ ~ t 0 TRILLIUM DR IVE ,~qi l 2 ,<I) ,'¢
0 ----N 7B 0 37'so"E ~ t ~T·-··35.. _: -M
27.52 2 7_5 0 a !!; iD 2 7. 50 27.50
~ 3.00 "' :z: ~ 3 _it
~ -~o <C 0 'o ·2 0 0 ~ I'-0 0 0 ""' u:) 9 I'-10 •· ,.._ I I C\J .. 12 ,.._
I() .NI N , tD ow .N JO NI w (\) to N I() ~·BLOCK (IJ IO !1.. t!'I 0 lf!1<> BL OC Q 0 -
~= v ---N
<>,; tJ"O z :z z ,....
88 z
8 7 ;t ~'~ ~ N78"'37'5 o''E 11 0.oz ---0 ID 0
27.52 ~ 2 7 .50 ~ 2 7.50 ,Q) 2 7.50 86 ~ <t II\
~ ... r N• IO .. , -. .. -· 23.2 5~-3 I'-ID !_'.--+ 17.02 -+-2 3.2 5 ..... ~ 2 3 .25 \~ 2 :3 .2 5 ,'6 I'-1--·o --
5.24 .''3 -~ ~ -~ 'o .
l '2 N ·
""' ·o "o -0 -NO N • -ID 0 0 0 -0 0 N
'N
w .N ~ N GO -N CD Nil;) -. 0 -3 lO 17 116 15 14 -1() -N If) N If) N lfl N ll'I 13 z I<) :zro -r<l Q ,.; 0 IO ':.. rfl z ~------z z z :z ]'-..
23.25 t i 3 .00
2 2 .29 Z 3.Z 5 ~3 -25 Z3.l5 3 5.00 ~ ... -I ,
N 7 R 0 37 ° 5 rl"f:' .<» .io 1~1.()n z I (Y"7 "l 6' --4-d <).. .o.
Buy er's I n i t i a l ~ Seller's Init ia ls __ _
Page 231 of 405
SCHEDULE "B" PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment
of the follo 111ing terms and conditions on or before , which terms and
conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in
part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be
returned and Agreement arising from the offer shall be at an end and all parties released
from their obligations:
(a) **
Buyer's Initials~ Seller's Initials ---
Page 232 of 405
Page 1 of 3
Subject: Highway 3 and Clearview Drive Intersection Final Project Funding
Report Number: EDM 21-08
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-08 Highway 3 and Clearview Drive Intersection
Final Project Funding;
AND THAT $127,000 in funding from the Economic Development Reserve be re -
allocated from Project 808 (SWM Facility) to Project 813 (Highway 3 Widening);
AND THAT the balance of the Economic Development Reserve of $87,660 be utilized
towards Project 813 (Highway 3 W idening);
AND THAT the remaining project budget shortfall of $95,399 be temporarily funded from
the Tax Rate Stabilization Reserve to be reimbursed by 2021 revenue from the
Economic Development Reserve.
BACKGROUND
Council approved the award of Tender RFT 2018-004 to Coco Paving Inc of London,
ON on July 9, 2018. During construction, a number of challenges were encountered
with respect to the project including changes to the grade of the sanitary sewer crossing
Highway 3 and constructability issues relating to the subsurface soil that made
directional drilling of the crossing a challenge. These factors resulted in additional costs
to the project. Since the project is complete and outstanding claims have been
resolved, staff is seeking Council approval to cover these additional costs.
DISCUSSION
The primary reasons for the increase in costs are:
Additional engineering design and contract administration requirements (as
detailed in Report DCS 18-29);
Page 233 of 405
EDM 21-08
Page 2 of 3
Discrepancies in the grade of the sanitary sewer pipe in the design and tender
drawings;
Site conditions that were different than identified in the tender (sandy subsoil
versus clay material);
The combined impacts of a shallower sanitary sewer grade and sandy subsoil
conditions, which made installation much more difficult; and,
Inability to complete the work prior to winter conditions setting in.
Town staff were able to, in conjunction with the project engineers, negotiate lower
amounts for these extra costs, resulting in savings of approximately $24,000 for the
Town. In addition to this, the Town was able to make a claim regarding the original
design, which has resulted in a proposed credit of $25,000 from the design engineer.
Despite these efforts, the final project cost was still more than budgeted.
CONSULTATION
The Town retained Duncan, Linton LLP to provide advice regarding Construction Law
and Practice specifically regarding these issues and their advice was crucial both
reducing the claim amounts to the Town and obtaining a reimbursement for some of the
additional costs.
The funding plan has been developed in consultation with the Finan ce Department.
FINANCIAL IMPACT/FUNDING SOURCE
The total project cost for the Highway 3 and Clearview Drive intersection improvements
is $966,892 or $483,446 greater than the original budget. Staff is proposing that this
shortfall be funded as follows:
Project Shortfall $483,446
Economic Development Reserve (As
approved in Report DCS 18-29)
($66,014)
Debenture (As approved in Report DCS
18-29)
($82,373)
Net Amount (after already approved
funding)
$335,059
Re-allocation of Economic Development
Reserve draw from Project 808 (SWM
Facility)
($127,000)
Reimbursement (Design Engineer) ($25,000)
Additional Draw from Reserves ($183,059)
Final Balance $0
Page 234 of 405
EDM 21-08
Page 3 of 3
The balance in the Economic Development Reserve of $87,660 is proposed to be
utilized towards the Project 813 (Highway 3 Widening) budget shortfall with the residual
amount of $95,399 to be funded temporarily from the Tax Rate Stabilization Reserve
and subsequently reimbursed in 2021 from confirmed revenue via the Economic
Development Reserve. This ensures that the completed project can be closed off in
2020.
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 – Report DCS 18-29
Page 235 of 405
Report Title Results for Tender RFT 2018-004 Highway 3
Intersection
Report No. DCS 18-29
Author Cephas Panschow, Development Commissioner
Meeting Type Council Budget Meeting
Council Date July 9, 2018
Attachments
Page 1 / 3
RECOMMENDATION
THAT Council receive Report DCS 18-29 Results for Tender RFT 2018-004 Highway 3
Intersection;
AND THAT Council award Tender RFT 2018-004 to Coco Paving Inc of London, ON at a cost of
$658,387 (including net HST) - the lowest bid received satisfying all Tender requirements.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to award the tender for the Highway
3/Clearview Drive intersection project.
BACKGROUND
RFT 2018-04 Highway 3 and Clearview Drive Intersection Improvement was released on May
25, 2018 with a response deadline of June 14, 2018. The tender was advertised on the Town’s
website, the Tillsonburg News, Ebid Solutions and on Biddingo.
Two bids were received as follows:
Bidder Location Bid Amount
Coco Paving Inc London, On $658,387 including net HST
Dufferin Construction
Company, A division of CRH
Canada Group Inc.
London, ON $731,664 including net HST
Staff believes that some of the reasons the costs are overbudget include:
The original budget figure was developed in late 2016 for 2017 budget purposes and
there have been significant increases in construction prices since then ;
The Highway 3 work includes some of the future build out requirements in order to avoid
reconstructing Highway 3 when traffic increases; and,
Page 236 of 405
Page 2 / 3 CAO
Additional requirements from the Ministry of Transportation including the need for a
Ontario certified (RAQS) contractor to do the work.
The Town’s consulting engineering for the project, Stantec, has conducted a review of the two
tenders received and noted no extensions and / or addition errors and provided the following
comments:
Certain unit prices varied from historical values, though are aligned with the other bids.
The greatest difference in the bids is with the tunneling work, wh ich is being
subcontracted out by Coco Paving though undertaken by Dufferin directly.
The low tenderer, Coco Paving Inc, has completed numerous MTO and Municipal roads,
sewer and watermain projects throughout southwestern Ontario. Coco Paving was also
the successful contractor to undertake the MTO Highway 3 rehabilitation work in 2015 in
this area. Our previous company work experience confirms that Coco Paving has
demonstrated the capability to complete projects of similar size and scope.
On the basis of the foregoing, we hereby recommend that the contract for the Highway 3
and Clearview Drive Intersection Improvement be awarded to Coco Paving Inc.
The extent of the intersection improvements are shown below and extend across a 550 metre
section of Highway 3 centered on Clearview Drive.
CONSULTATION/COMMUNICATION
The Highway 3 Business Park and intersection projects have been the subject of numerous
reports on both Council’s regular and budget agendas and there is good general awareness of
the importance of creating additional industrial lands to support the ongoing development and
growth of the Town. The intersection project also included an Environmental Assessment
evaluation as part of the approval process and neighbouring properties were notified in w riting
during the design stage of the project.
Page 237 of 405
Page 3 / 3 CAO
Any planned roadway or lane closures to facilitate the work will be in accordance with Ministry of
Transportation of Ontario (MTO) standards and kept to a minimum. Any directly affected
residences will be contacted in advance and communication will be provided to the public.
FINANCIAL IMPACT/FUNDING SOURCE
The 2017 Economic Development & Marketing Budget contained $550,000 for the Highway
3/Clearview Drive intersection with $531,500 in funding from the Industrial Land Reserve and
$18,500 in funding from the Development Charge Reserve.
The project has incurred approximately $145,000 in costs related to the detailed design and
MTO approval, which leaves $405,000 in remaining funding. Based on construction costs of
$658,387, there will be a budget shortfall of $253,387.
Finance staff is recommending that the budget shortfall be funded through a combination of
reserves and debt as follows:
Budget Shortfall ($253,387)
Economic Development Reserve $66,014
Sewer Pipe funded from Clearview Industrial
Park approved in 2018 budget - User Pay Debt
$105,000
New Tax Supported Debt $82,373
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
The development of a new business park is in keeping with the vision of the Community
Strategic Plan theme of Economic Sustainability as outlined in Goal 2.1:
Support new and existing businesses and provide a variety of employment opportunities
ALTERNATIVES
Council could chose not to proceed with this work at this time and direct staff to re -tender this
project in Q4 2018 or Q1 2019. Although the cost of the project is significantly over budget, staff
do not recommend this course of action as improving the intersection is critical to opening up the
Highway 3 Business Park for potential investors in a timely manner. Further, with the inflation
being experienced in the construction sector, there is a risk that costs will be the same price or
higher with the only result that additional time will have been lost.
Page 238 of 405
Page 1 of 4
Subject: Surplus Land Declaration – Alleyway between Charles Street and Nelson
Street
Report Number: EDM 21-09
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-09 Surplus Land Declaration – Alleyway
between Charles Street and Nelson Street;
AND THAT the Alleyway property, located between Charles Street and Nelson Street,
be declared surplus to the needs of the Town of Tillsonburg in accordance with By-Law
2021-031 (land disposition) including suitable notification to the public.
BACKGROUND
The Town of Tillsonburg has received a request to purchase the alleyway between
Charles Street and Nelson Street from the adjacent property owners. The property
owners have indicated that acquiring these lands is desirable in terms of creating wider
lots. Town staff have determined that, while an easement is required for various utilities
located within the alleyway, a sale of the property can be accommodated. The purpose
of this report is to seek Council approval to move forward with declaring this propert y as
surplus to the Town’s needs.
DISCUSSION
The Alleyway property is approximately 5.7 metres wide and 46 metres long and is
approximately 262 square metres (2,821 square feet) in size. The surplusing and sale
of this property to the adjacent property owners will result in a significant addition to the
properties. The 10 Charles Street lot was created in 2020 through a severance from the
9 Nelson Street property and will be developed in the near future.
Page 239 of 405
EDM 21-09
Page 2 of 4
Subject Property: Alleyway Running from Charles Street to Nelson Street
Town staff have determined that there is no municipal need for the lands and the
Development Commissioner is recommending that they be declared surplus and sold to
the adjacent property owners.
Page 240 of 405
EDM 21-09
Page 3 of 4
CONSULTATION
Department Comment Response/Reason
Building and Bylaw The Sanitary sewer for 9
Nelson Street is within the
allowance.
Please provided updated
legal survey if declared
surplus.
Easement to be obtained
New survey to be prepared
Clerks No comment
Engineering Require easements for
electrical and sanitary
services currently located in
the alleyway right of way.
Easement to be obtained
Fire Department No concerns
Planning No comment
Recreation, Culture & Parks No concerns
Tillsonburg Hydro Inc It looks like the service to
the 4/6 Charles Street
property is fed through this
parcel of land from the
North at Nelson St. If 4/6
Charles property owner is
purchasing the land it will
not be an issue. If someone
else is purchasing the land
we will require an easement
for the secondary service.
THI has a couple
secondary cables
underground that run the
majority of the distance and
we would not want these
cables located under a
road.
Easement to be obtained
Duncan, Linton LLP Not circulated yet
Notice of the potential surplus property will be provided in accordance with Bylaw 2021-
031, and specifically, by:
Posting a notice on the property;
Posting a notice on the Town’s website; and,
Publishing a notice in the Tillsonburg News.
Page 241 of 405
EDM 21-09
Page 4 of 4
FINANCIAL IMPACT/FUNDING SOURCE
If approved, the value of the property will be established through an Opinion of Value
obtained from a local real estate broker. The purchasers will be responsible for the
value of the land as well as legal and survey costs related to the transaction.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
None.
Page 242 of 405
Page 1 of 5
Subject: Surplus Land Declaration – Portion of Pine Alley
Report Number: EDM 21-10
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-10 Surplus Land Declaration – Portion of Pine
Alley;
AND THAT the portion of Pine Alley located East of Ball Street, described as Part 1,
Plan 41R-7220, be declared surplus to the needs of the Town of Tillsonburg in
accordance with Bylaw 2021-031 (land disposition) including suitable notification to the
public.
BACKGROUND
The Town of Tillsonburg received an inquiry regarding the potential for the Town to sell
a portion of Pine Alley from an adjacent property owner in June 2020. The property
owner indicated that acquiring these lands is desirable in terms of creating a wider lot.
This request has been reviewed by Town staff and no concerns have been raised. The
purpose of this report is to seek Council approval to move forward with declaring this
property as surplus to the Town’s needs and sell the property to the adjacent property
owners.
DISCUSSION
The Pine Alley property is approximately 4.8 metres (16 feet) wide and 40 metres (132
feet) long and is approximately 199 square metres (2,140 square feet) in size. While
the Alley is currently an open road allowance, it is not a paved surface for the entire
length (although parts of it appear to be paved) and there appear to be a number of
encroachments into the alleyway in other sections. In essence, the Alley is not being
used as an open road allowance.
Page 243 of 405
EDM 21-10
Page 2 of 5
Subject Property: Portion of Pine Alley
See Appendix A to review the legal survey for the property.
In reviewing this property, other property owners in the area have expressed interest in
acquiring the alley east of Ball Street so staff will be investigating further and potentially
bringing forward for consideration in the future.
Town staff have determined that there is no municipal need for the lands and the
Development Commissioner is recommending that they be declared surplus and sold to
the adjacent property owners.
Page 244 of 405
EDM 21-10
Page 3 of 5
CONSULTATION
Department Comment Response/Reason
Building and Bylaw No concerns
If approved, an updated
survey will need to be
provided for each property
for our records.
If approved, an updated site
plan/grading plan to be
provided for review and
approval along with any
required remedial work.
There is currently a legal
description for the property,
but depending on the
interest received, a new
reference plan may be
required.
Any buyer would be
required to provide a
plan/grading plan if they
were planning significant
improvements to the
property.
Clerks No comments received
Engineering No concerns
Fire Department No concerns
Planning No concerns. All properties
are zoned R2 so no zoning
amendments are required.
Recreation, Culture & Parks No concerns
Tillsonburg Hydro Inc No concerns
Duncan, Linton LLP A title search has been
requested.
Notice of the potential surplus property will be provided in accordance with Bylaw 2021-
031, and specifically, by:
Posting a notice on the property;
Posting a notice on the Town’s website; and,
Publishing a notice in the Tillsonburg News.
FINANCIAL IMPACT/FUNDING SOURCE
If approved, the value of the property will be established through an Opinion of Value
obtained from a local real estate broker. The purchasers will be responsible for the
value of the land as well as legal and survey costs related to the transaction.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
Page 245 of 405
EDM 21-10
Page 4 of 5
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 246 of 405
EDM 21-10
Page 5 of 5
Appendix A – Legal Plan
Page 247 of 405
Page 1 of 3
Subject: Industrial Land Lease for Agricultural Purposes
Report Number: EDM 21-11
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-11 Industrial Land Lease for Agricultural
Purposes;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into
a lease agreement with VanQuaethem Farms Ltd for the lands described as:
Part of Lots 3 and 4, Concession 5 NTR Middleton, and more particularly described as
Part 2, Plan 37R-283 and Parts 10 and 11, Plan 41R-10104, comprising approximately
73 acres of farmable land; and,
Lands located on the east side of Highway 19 (Vienna Road), legally described as part
of Lots 8 and 9, Concession 4, NTR, and more particularly described as Lots 1613 and
1638B, Plan 500, comprising of approximately 17 acres of farmable lands.
BACKGROUND
The purpose of this report is to seek Council approval to award the tender for the lease
of the Town’s industrial lands for agricultural purposes. The proposed lease is for three
crop years and would terminate on December 31, 2023.
DISCUSSION
The tender was released on March 4, 2021 with a response date of March 22, 2021 with
four bids being received by the deadline:
Company/
Proponent
Revenue Acres Average
Price/Acre
Crop Plan
Anspach, Robert $21,976 90 $242.18 Cash crop rotation of
Page 248 of 405
EDM 21-11
Page 2 of 3
corn and soybeans
Broek Farms Inc $22,500 90 $250 Cash crop rotation of
corn, soy beans and
winter wheat
Sonneberg Dairy $22,411 73 $307 Cash crop rotation of
corn and edible beans
VanQuaethem
Farms Ltd
$24,450 90 $271.67 Cash crop rotation of
corn and soybeans
While Sonneberg Dairy is offering the highest value/acre, their proposal is only for the
1101 Highway 3 property, which means that the Town would have to find another
farmer to lease the less desirable Vienna Road lands. Since the total lease amount
from VanQuaethem Farms Ltd is the highest at $24,450 and includes both properties,
the Development Commissioner is recommending that the Town enter into a three year
lease agreement with them.
The successful bidder will be required to enter into a Lease Agree ment with the Town of
Tillsonburg, which includes general and specific provisions relating to the use of the
land. The Lessee will be required to provide proof of liability insurance in an amount not
less than $2,000,000 with the Town of Tillsonburg named as an additional insured.
CONSULTATION
The land lease opportunity was emailed to area farmers on March 4, 2021, published in
the Tillsonburg News (Community Update page) on March 12 and 19, published in the
Ontario Farmer publication on March 16, 2021 a nd posted to the Town’s website.
FINANCIAL IMPACT/FUNDING SOURCE
The 2021 Economic Development and Marketing budget contains $32,000 in
anticipated land lease revenue. If the recommended motion is approved this will result
in annual revenue of $24,450 which is $7,550 less than the anticipated budget estimate.
While the revenue per acre is higher than anticipated, both the Van Norman Innovation
Park Lands and the Rokeby Road lands are no longer being leased for agricultural
purposes due to the agreements of purchase and sale that the Town has entered into
with various buyers. Less land to be farmed means less revenue.
The lease of industrial lands for agricultural purposes results in taxable assessment,
which means that the Town of Tillsonburg is respon sible to pay County and Education
Page 249 of 405
EDM 21-11
Page 3 of 3
taxes. These costs are paid for out of the lease revenue. The remaining lease revenue
would be allocated to the Economic Development & Marketing Budget.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Lease Agreement VanQuaethem Farms Ltd
Page 250 of 405
THIS AGREEMENT made in duplicate this __ day of , 2021. -----
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the Lessor, of the First Part,
-and-
VANQUAETHEM FARMS LTD
hereinafter called the Lessee, of the Second Part
WHEREAS the Lessor has control of lands hereinafter described as:
1. Part of Lots 3 and 4, Concession 5 NTR Middleton, and more particularly described as
Part 2, Plan 37R-283 and Parts 10 and 11, Plan 41R-10104, comprising approximately 73
acres of farmable land; and,
2. Lands located on the east side of Highway 19 (Vienna Road), legally described as part of
Lots 8 and 9, Concession 4, NTR, and more particularly described as Lots 1613 and
163 8A, Plan 500, comprising of approximately 17 acres of farmable lands
a. Unnamed Road adjacent to Lots 1612, 1613 and 1614.
(collectively the "Lands")
AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is
desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth
in this agreement (the "Lease").
NOW THEREFORE THIS INDENTURE WITNESSETH
1. PAYMENT
The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set
out below to the Lessor by two payments each year during the term of this Lease. The first
payment of which shall constitute 50% of annual rental fee and shall be due and payable prior to
the start of planting that this Lease remains in force and the remaining 50% of the annual rental
fee shall be due and payable on November 30 of each year that this Lease remains in force:
(a) Annual rent of $24,450 for the ninety (90) acres of Land (the "Base Rent") plus
Harmonized Sales Tax.
2. TERM
The term of the Lease shall be from April 16, 2021 to December 31, 2023 (the "Lease Term').
The Lease Term can be extended for additional one (1) year terms by the Lessor in its sole and
absolute discretion. There is no representation or warranty of the Lessor that it must, shall or
will extend the Lease Term.
3. CONDITION OF THE LANDS
The Lessee acknowledges and agrees that it is leasing the Lands in its current condition "as is"
and the Lessee has conducted all inspections and performed its own due diligence to determine
the suitability of the Lands for the Lessee's use. The Lessee acknowledges that the Lessor has
made no representation or warranty and provides no covenant, representation or warranty
concerning soil conditions, the existence of any items below the surface, and/or the
environmental status of the Lands at any time. The Lessee acknowledges having inspected the
property prior to signing this Lease and has relied upon its inspection regarding the suitability,
condition, and state of repair of the Property. The Lessee further acknowledges that it has
conducted its own due diligence as the size of the Lands and the size of the arable part of the
Lands and not relied upon any representation or warranty of the Lessor. The Lessee
acknowledges that Base Rent shall not alter if size of the arable land is less than as set out in this
~~. ~~'·
Lessor's Initials Lessee's Initials j -----1
Page 251 of 405
4. USE
(a) The Parties agree that the crops to be grown on the Lands shall be agreed upon by the
Parties prior to planting and shall generally be a com, soybeans or other cash crops.
(b) The Lessee shall not do or permit to be done on the Lands anything which may:
i. Constitute a nuisance;
IL Cause damage to the Lands;
111. Cause injury or annoyance to occupants of neighbouring premises;
IV. Make void or voidable any insurance upon the Lands;
v. Constitute a breach of any by-law, status, order or regulation of any
municipal, provincial or other competent authority relating to the Lands; and,
vi. Create any environmental hazard.
( c) The Lessee 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,
amended or successor legislation. If any order is made by any level of government,
including all agencies, Crown corporations plus municipal bodies, or Court is made as
a result of the Lessee's, or its servants, directors, employees, invitees, customers or
agents, actions or inaction under this Article then the Lessee 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 Lessor harmless from any costs, including legal costs, if
the Lessor suffers any damages or pays any costs associated with such order.
( d) In order to operate this farm efficiently and to maintain it is high state of productivity
of the Lands, the Lessee covenants as follows:
i. To allow any incoming lessee or purchaser to enter upon the Lands after
harvest in the last year of the Lease Term and have reasonable privileges and
right-of-way to work on the Lands;
IL To prepare a soil analysis at the end of the Lease Term or sixty days after a
Termination Notice has been served by either Party (the "Soil Tests"). The
cost of the Soil Tests shall be payable by the Lessee without contribution of
the Lessor. The Lessee shall provide the Lessor a copy of each of the Soil
Tests within 10 of the Lessee's receipt of the Soil Tests;
111. To remove all crops from the ground at the end of the Lease Term; and,
IV. It will not construct any buildings upon the Lands.
5. RIGHT TO SELL SUBJECT LANDS
The Lessee acknowledges that the Lessor shall have the right to sell any part or parts of the
Lands upon sixty (60) days notice, in writing, and upon expiry of such notice the Lessee shall
surrender that part (or all ifrequired by the notice) of the Lands sold by the Lessor and subject to
the condition that if the Lessor sells and requires possession of any or all of the subject lands on
which an agricultural crop is growing, the Lessee shall be compensated for any and all expenses
incidental to growing such crop and the Base Rent shall be revised to take into account the
adjustment of that part of the Lands not surrendered (if any) throughout the balance of the Lease
Term. The Lessee must provide to the Lessor detailed accounting of the costs incurred for the
lands in order to be reimbursed for the loss of the growing crops. The Lessee shall not demand,
claim or plead any damages, costs, monies or compensation from the Lessor of any kind
whatsoever and howsoever except as specifically provided for in this paragraph 5. The Lessee
waives any and all claims, damages and/or losses for future income, profits or monies due to the
surrender of some or all of the Lands.
6. FARM BUSINESS REGISTRATION NUMBER
The Lessee shall be required to provide proof of valid Farm Business Registration Number
(OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term.
/\\)'
Lessor's Initials Lessee's Initials ,J · -----
2
Page 252 of 405
7. QUIET ENJOYMENT OF LANDS
IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with
the Lessee for quiet enjoyment of the Lands. Notwithstanding the foregoing, the Lessor shall be
permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being
borne by the Lessee.
8. ASSIGNMENT
The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval
by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The
Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the
Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and
conditions contained in this Lease.
9. INSURANCE
The Lessee shall obtain Farm liability insurance of at least Two Million Dollars ($2,000,000),
covering injury to, or destruction of person or property, for which the Lessee may be held liable.
The Lessee must obtain Farm Liability insurance on a form of coverage issued by an insuring
company acceptable to the Town, which names the Town as an additional insured and contains a
Cross Liability Clause. The Lessee shall provide the Town prior to the start of planting with an
insurance certificate showing the required insurance coverage.
10. INDEMNIFICATION
The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times
against any and all claims, suits, proceedings, 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 Lands or the subletting or assignment of same or any part
thereof. And the Lessee further covenants to indemnify the Lessor with respect to any
encumbrance on or damage to the Lands occasioned by or arising from the act, default, or
negligence of the Lessee, its officers, agents, servants, employees, contractors, customers,
invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the
termination of this Lease notwithstanding any provisions of the Lease to the contrary.
11. MAINTENANCE
The Lessee covenants to maintain all of the Lands pursuant to this Lease in good condition at all
times during the Lease Term, any extension of the Lease Term and any overholding periods (if
any). The Lessee further covenants to keep the Lands free from refuse and shall not store any
refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor
to be noxious, hazardous or refuse.
12. IMPROVEMENTS TO LANDS
The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture
production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's
sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering
into a second agreement for proposals that significantly expand the area available for agricultural
production at the Lessor's sole discretion.
13. BANKRUPTCY
The Lessee acknowledges and agrees that if during the Lease Term any of the goods or chattels
of the Lessee shall at any time during the said term be seized or taken in execution or in
attachment by any creditor of the Lessee, or ifthe Lessee shall make any assignment for the
benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing
balance of Base Rent shall immediately become due and payable and the said term shall, at the
option of the Lessor, immediately become forfeited and determined and in such case, the Lessor
may re-enter and take possession of the said lands as though the said lands was holding over
after the expiration of the said term.
Lessor's Initials -----
' .. , ~ \jJ Lessees Imtia s ___.0 __ i __ _
3
Page 253 of 405
14. TERMINATION FOR CONVENIENCE
IT IS further hereby agreed between the Parties hereto that this Lease may be terminated by
either party in such parties' sole and absolute discretion by providing to the other Party sixty (60)
days written notice prior to the termination date or the expiration of the lease term. In the case
where the Lessor terminates the Lease, the provisions of Paragraph 5 above shall be in effect. If
the Lessee terminates the lease it shall be responsible to pay a pro-rated Base Rent to the date of
termination, pay all items required by paragraph 4 of this Lease and the Lessor shall not be
responsible to reimburse the Lessee for the loss or damages for the abandoned growing crops.
15. TERMINATION OF THE CONTRACT FOR CAUSE
In the event of any material default of this Lease by the Lessee, the Lessor shall have the right to
provide written notice of such default and demand that the deficiency of program be rectified
within five (5) working days or such longer period as may be agreed upon by the Lessor. If the
said default is not rectified or steps are not take to rectify the situation according to the agreed
upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no
less than thirty (30) days notice and all Base Rent and amounts owing pursuant to paragraph 4 of
this Lease shall be payable to the Lessor by the Lessee within thirty (30) days from termination.
16. DEFAULT
An Act of Default has occurred when:
(a) The Lessee has failed to pay Rent for a period of 60 consecutive days from the date
that payment has been requested by the Lessor;
(b) The Lessee has breached his covenants or failed to perform any of his obligations
under this Lease plus:
1. The Lessor has given notice specifying the nature of the default and the steps
required to correct it; and,
11. The Lessee has failed to correct the default as required by the notice;
( c) Any insurance policy is canceled or not renewed by reason of the use or occupation
of the Lands, or by reason of non-payment of premiums;
(d) The Lands:
1. 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 Lessor.
When an Act of Default on the part of the Lessee has occurred:
(a) The current year's rent together with the next years' rent shall become due and
payable immediately; and,
( e) The Lessor shall have the right to terminate this Lease and to re-enter the Lands and
deal with them as he may choose.
If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease
and re-enter the Lands prior to the end of the Term, the Lessee shall nevertheless be liable for
payment of Rent and all other amounts payable by the Lessee in accordance with the provisions
of the Lease until the Lessor has re-let the Lands or otherwise dealt with the Lands in such
manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the
Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of
any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted
and the Rent any new Lessee pays to the Lessor.
If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-
enter the Lands, the Lessor shall have the right to take any and all necessary steps to rectify any
or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and
to recover the costs as Rent.
Lessor's Initials Lessee's Initials 5\J . -----4
Page 254 of 405
If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the
remedies available to him 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 Lessor 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 Lessor unless the waiver is
in writing and signed by the Lessor.
17. NOTICE
Notice to either party shall be given at the following addresses:
If to the Lessor:
Development Commissioner
The Corporation of the Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
If to the Lessee:
VanQuaethem Farms Ltd
353 Highway 19 South
Tillsonburg, ON N4G 409
The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or
any part thereof without consent of the Lessor.
16. MISCELLANEOUS
The words importing the singular number only shall include the plural, and vice versa, and words
importing the masculine gender shall include the feminine gender, and words importing persons
shall include firms and corporations and vice versa.
This Lease, including any Schedule attached, shall constitute the entire agreement between the
Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which
affects this agreement other than expressed herein.
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.
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.
The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and
seek independent legal advice.
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.
This Lease 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.
The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to
or after it obtains possession. A\_\·. I •
Lessor's Initials Lessee's Initials "-J \l _........_ __ _
5
Page 255 of 405
IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used
in this indenture shall, when the context allows, include, be binding on and enure to the benefit
of not only the Parties hereto, but also their respective executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND )
DELIVERED in the )
Presence of )
Lessor's Initials
)
)
)
)
)
)
-----
STEPHEN MOLNAR, MAYOR DATE
MICHELLE SMIBERT, CLERK DATE
~
PRESIDENT
DATE
I have the authority to bind the corporation
Lessee's Initials 1S ~ '
6
Page 256 of 405
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Page 258 of 405
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Page 259 of 405
Page 1 of 5
Subject: Offer to Purchase – Lot 7, Van Norman Innovation Park
Report Number: EDM 21-12
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-12 Offer to Purchase – Lot 7, 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 2670309 Ontario Inc for the property described
as Lot 7 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 2670309 Ontario Inc for the sale of two acres of industrial land
in the Van Norman Innovation Park. The proposed investment will result in the
construction of two 15,000 square foot industrial buildings to enable the relocation of
two manufacturing and processing businesses to the Town of Tillsonburg along with the
creation of approximately thirty-five jobs in the Town of Tillsonburg.
DISCUSSION
The Economic Development & Marketing Department has been working with 2670309
Ontario Inc regarding a potential transaction since August 2020. 2670309 Ontario Inc is
a real estate investment company that will own the property and lease the buildings to
two companies from whom they have received a lette r of intent.
Page 260 of 405
EDM 21-12
Page 2 of 5
Figure 1 – Subject Property: 2670309 Ontario Inc
The details of their offer to purchase are:
Offer Details
Price $100,000
Acreage 2 Acres
Price/Acre $50,000/Acre
Irrevocable Date April 16, 2021
Conditional/Title Date June 30, 2021
Completion Date Following registration of the
Plan of Subdivision and by
Page 261 of 405
EDM 21-12
Page 3 of 5
November 1, 2021
Proposed Uses Stone supplier company
Injection moulding
manufacturing
Purchaser Conditions Site Plan approval, utilities
accessible to the land,
severing of land into two 1
Acre parcels
Timelines for Development Standard start time of 1
year to start and an
additional year to complete.
2670309 Ontario Inc has indicated that the stone supply company will be expanding
their operations into Southwestern Ontario in order to grow their business. The injection
moulding company is expanding their business as well.
The combined area of 30,000 square feet equates to lot coverage of 34%, which is
significantly higher than the minimum lot coverage of 20%.
The Development Commissioner is recommending that Council move forward with 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 262 of 405
EDM 21-12
Page 4 of 5
Department Comment Response/Reason
Building and Bylaw Circulated - No questions or
concerns received
Clerks Circulated - No questions or
concerns received
Engineering Circulated - No questions or
concerns received
Fire Department Circulated - No questions or
concerns received
Planning Circulated - No questions or
concerns received
Recreation, Culture & Parks Circulated - No questions or
concerns received
Tillsonburg Hydro Inc Circulated - No questions or
concerns received
Duncan, Linton LLP Circulated original
agreement on January 5,
2021 and revised
agreement. No concerns.
The agreement has
undergone a number of
revisions since the first offer
was brought received and,
with the exception of the
Purchaser’s conditions, the
agreement is the Town’s
standard template.
FINANCIAL IMPACT/FUNDING SOURCE
The offer to purchase has been negotiated at a value of $100,000 or $50,000/Acre.
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 30,000 square feet of building area
is estimated at $34,200. 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 $52,500 to $67,500.
Page 263 of 405
EDM 21-12
Page 5 of 5
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Agreement of Purchase and Sale
Page 264 of 405
Page | i
Buyer’s Initials______ Seller’s Initials______
AGREEMENT OF PURCHASE AND SALE (the “Agreement” or “APS”)
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Vendor”)
-and-
2670309 ONTARIO INC
(the “Purchaser”)
WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule
“A” (the “Property”);
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows:
SECTION I - GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement.
2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price calculated at FIFTY THOUSAND Dollars ($ 50,000.00)
per acre. The estimated area of the Property is 2 acres and the estimated total Purchase
Price is ONE HUNDRED THOUSAND Dollars ($ 100,000.00), 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) Twenty Five Thousand Dollars ($25,000.00) deposit is payable by the Purchaser by
certified cheque upon Acceptance of this Agreement, to be held on an interest free
basis by the Solicitor for the Vendor as a deposit pending completion of this
transaction on account of the Purchase Price on completion, or if this Agreement is
not completed through no fault of the Purchaser, the deposit shall be returned to the
Purchaser; and
(b) the balance of the Purchase Price, subject to adjustments, shall be paid to the
Vendor on the Completion Date, by certified cheque or bank draft.
SECTION 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 16th day of April, 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
Page 265 of 405
Buyer’s Initials______ Seller’s Initials______
and approving the sale of the Property to the Purchaser pursuant to the terms of this
APS.
(c) The parties agree and acknowledge that negotiation of this APS is not a valid and
binding agreement until accepted by the Council of The Corporation of the Town of
Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall negotiate the terms of this APS in good faith. However, the
negotiation of the terms of this APS by the Chief Administrative Officer of the Town of
Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of
Tillsonburg until such time as this APS is authorized and approved by the Council of
The Corporation of the Town of Tillsonburg.
5. Council Approval
(a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of
the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law.
6. Deed/Transfer
(a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the
terms of this Agreement.
7. Completion Date
(a) The closing of this transaction shall take place following the registration of the
Plan of Subdivision for the Van Norman Innovation Park and by November 1,
2021, 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 May 31, 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 III - 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 claims against the Vendor in respect of any environmental
liabilities on the Property. The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in the
preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with
the Property, it shall deliver written notice to that effect to the Vendor by no later than
the time specified herein, and this Agreement shall be terminated and the deposit
shall be returned to the Purchaser without interest or deduction. If the Vendor is
notified that the condition of the Property is not satisfactory, then the Purchaser shall,
prior to receiving its deposit monies back and prior to being entitled to a full release
from the Vendor with respect to this Agreement, restore the Property to its original
condition as it existed prior to such testing or inspection by the Purchaser, at the
Purchaser’s sole expense. If the Purchaser fails to deliver written notice to the
Vendor within the time specified herein regarding this condition, this condition shall be
deemed to have been waived by the Purchaser.
Page 266 of 405
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10. Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedule “B”.
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the
APS and understands that upon 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 Resale
(a) The Purchaser covenants that it is purchasing the Property for the construction of a
building and not for the purpose of resale of vacant land.
SECTION IV - PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) The Purchaser, its agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the deposit monies
Page 267 of 405
Buyer’s Initials______ Seller’s Initials______
paid to the Vendor returned together with all interest earned thereon without
deduction.
SECTION V - COMPLETING THE TRANSACTION
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 III 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 September 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 registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any
and all liens, chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property.
25. Adjustments
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(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment
rates shall be apportioned and allowed to the Completion Date, the day itself to be
apportioned to the Purchaser.
26. 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 relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
Page 269 of 405
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SECTION VI - MISCELLANEOUS
28. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement of the Property other than expressed herein.
29. Tender
(a) Any tender of documents or moneys hereunder may be made upon the solicitor
acting for the party upon whom tender is desired, and it shall be sufficient that a
negotiable, certified cheque or bank draft may be tendered instead of cash.
30. Time of Essence
(a) Time shall be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective only if the provisions of Section 50 of the Planning
Act, R.S.O. 1990, c.P.13, as amended are complied with.
32. Notices
(a) All notices in this Agreement shall be in writing and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed:
Solicitors for the Vendor:
Duncan, Linton LLP
ATTENTION: Steven Ross
45 Erb Street West
Waterloo, ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
FK Law Chambers
ATTENTION: Letitia Lee
Unit 8A, 9033 Leslie Street,
Richmond Hill, ON,
L4B 4K3
T: 905-390-3047
Fax: 905-390-3049
If mailed, such notices must also be given by facsimile transmission on the date it
was so mailed. If so given, such notices shall be deemed to have been received on
the first business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to
this APS with the Vendor’s written approval, which shall not be unreasonably
withheld, including assignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor agrees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee. The Purchaser is released from all liability hereunder, if it assigns its
interest in this APS. This Agreement shall be binding upon the parties hereto and
their respective successors and assigns.
Page 270 of 405
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34. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule “A” Description of the Property;
(ii) Schedule “B” Conditions;
(iii) Schedule C” 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.
Page 271 of 405
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IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at ___________________, Ontario this _______ day of ______________, 2021.
**
Per: 2670309 ONTARIO INC
_________________________________
Name: Zhenmei Wu
Title: President
_________________________________
Name:
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this _______ day of ______________, 2021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
The Corporation of the Town of
Tillsonburg
_________________________________
Stephen Molnar
Mayor
_________________________________
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg.
Richmond Hill 31 March
Page 272 of 405
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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:
Page 273 of 405
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SCHEDULE “B” – PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment
of the following terms and conditions on or before September 30, 2021, which terms and
conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in
part by the Purchaser. If the conditions are not fulfilled, waived or extended, in writing, then
the deposit shall be returned and Agreement arising from the offer shall be at an end and all
parties released from their obligations:
(a) The Purchaser obtaining site plan approval and entering into a site plan agreement
pursuant to Section 41(7) of the Planning Act with the Town of Tillsonburg;
(b) For the purposes of completing the site plan approval process, the Purchaser shall
have the right at any time, prior to closing, to enter on the lands to conduct further
investigations or assessments necessary;
(c) The Vendor shall warrant that municipal water and sewer, electrical and gas lines are
accessible to the land and premises. The Vendor shall covenant to extend water,
sewer, electrical and gas services in close proximity to the lands;
(d) The Vendor shall, at its own expense, prepare and provide to the Purchaser for their
review, draft and final reference plans illustrating the proposed dimensions of the
lands, with two one-acre parcels being provided. Each one-acre parcel shall have its
own municipal address.
Page 274 of 405
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SCHEDULE “C” - EASEMENT
TERMS AND PROVISIONS OF THE EASEMENT:
l. The Owner hereby grants, conveys and confirms to The Corporation of the Town of
Tillsonburg (the “Town”), its successors and assigns, in perpetuity, the free, uninterrupted and
undisturbed right and easement to enter upon the lands herein described at any time for the
purposes of constructing, installing and maintaining all municipal services of any kind (including
water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and
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.
Page 275 of 405
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SCHEDULE “D”
DEVELOPMENT COVENANTS
1. Title Control
(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 thirty percent (30%) 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 reasonable costs, realty commission and legal fees incurred with respect to the
original conveyance of the Property by the Town of Tillsonburg to the Owner, as well
as the costs of the Town of Tillsonburg in re-acquiring the Property, including without
limitation, realty commission, registration costs, land transfer tax, legal fees and such
other costs as reasonably incurred by the Town of Tillsonburg. The Town of
Tillsonburg shall not be required to pay for any improvements that may have been
made, constructed, installed or performed by the Owner on the Property.
(d) Subject to subclause 1.c) above, the Owner covenants that it will not sell the Property
or any part thereof to any person, firm or corporation without first offering, in writing,
to sell the Property to the Town of Tillsonburg for consideration equal to or less than
the consideration 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 commission, land
transfer tax, registration costs, legal fees and such other 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. 1990, c.B.16 as amended, provided such subsidiary
assumes and confirms its acceptance of the within covenants and restrictions and
expressly undertakes in writing to comply with them in such form as the Town of
Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from
the receipt of an offer made by the Owner under this subclause, to accept such offer
which acceptance shall be in writing. If the Town of Tillsonburg does not accept an
offer to sell made by the Owner under the provisions of this subclause, the Town of
Tillsonburg’s right to repurchase the Property so offered shall terminate. However, the
remaining provisions of this clause 1 as well as other provisions herein shall continue
in full force and effect. The limitation contained in this subclause, will expire upon the
Page 276 of 405
Buyer’s Initials______ Seller’s Initials______
Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b)
above.
2. Town of Tillsonburg Option on Vacant Portion of Land
(a) The Town of Tillsonburg 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 restricted in fulfilling any
of the obligations set out herein due to any act or neglect of the Town of Tillsonburg
or any of its employees, or due to strikes, walkouts, lockouts, fire, 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.
Page 277 of 405
Buyer’s Initials______ Seller’s Initials______
6. Right to Waive
(a) Notwithstanding anything herein contained, the Town of Tillsonburg and its
successors shall have the power by instrument or instruments in writing from time to
time to waive, alter or modify the herein covenants and restrictions with respect to
their application to any part of the Property without notice to or approval from the
Owner or notice to or approval from the owners of any other adjacent or nearby
lands.
Page 278 of 405
Page 1 of 5
Subject: Surplus Land Declaration – Ravine Lands West of Borden Crescent
Report Number: EDM 21-13
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-13 Surplus Land Declaration – Ravine Lands
West of Borden Crescent;
AND THAT the ravine lands west of the Borden Crescent right of way, described as
Parts 1, 2, 3 and 4, Plan 41R-8799, be declared surplus to the needs of the Town of
Tillsonburg in accordance with By-Law 2021-031 (land disposition) including suitable
notification to the public.
BACKGROUND
The Town of Tillsonburg has received a request to purchase the Town owned ravine
lands located west of the Borden Crescent right-of-way) from the adjacent property
owner in conjunction with a redevelopment proposal for a portion of the golf course
lands. The Developer has indicated that acquiring these lands is desirable in terms of
creating deeper lots for their proposed development. The subject property appears to
have been owned by the Town since September 21, 2012 and was transferred to the
Town in accordance with the Memorandum of Understanding between The Tillsonburg
Golf and Country Club Limited and the Town of Tillsonburg.
DISCUSSION
The developer has indicated that their plan is to subdivide the ravine lands so that each
of the proposed lots along the ravine would have extended depth. Their proposal to the
Town is that selling these lands would relieve the Town of any responsibility for ongoing
maintenance and insurance of the lands while at the same time generating additional
tax revenue for the larger, and hence, more exclusive lots.
The developer has indicated that there are no plans to extend any development into the
ravine lands and that they would be willing to include protections for the ravine lands in
Page 279 of 405
EDM 21-13
Page 2 of 5
their legal agreements including prohibition against the construction of any buildings
(shed, etc) in those areas. This would be similar to the agreement that was entered into
for the protection of the forested areas in their Baldwin Place subdivision.
Subject Property: Ravine Lands West of Borden Crescent
The developer is proposing to acquire the southern portion of the Ravine lands
highlighted above and that are described as Parts 1 and 2, P lan 41R-8799 (see
Appendix A). Parts 1 and 2 total 3.26 Acres of property.
Town staff have determined that there is no municipal need for the lands and the
Development Commissioner is recommending that they be declared surplus and sold to
the adjacent property owners.
Page 280 of 405
EDM 21-13
Page 3 of 5
CONSULTATION
Department Comment Response/Reason
Building and Bylaw What is the history of these
lands and how did they
became Town property?
What do you estimate these
lands to be valued at?
The Memorandum of
Understanding confirms
that the lands were
transferred to the Town as
partial payment to relieve
the Golf and Country Club
of its debt to the Town.
Value of lands will be
investigated if Council
proceeds.
Clerks Developer can still use the
additional property as a
marking feature even if it’s
in the Town’s ownership.
Developer prefers to own if
they are able to negotiate a
transaction with the town.
Engineering No comments other than to
ensure that there is no
hydro infrastructure within
this land/parcel.
Fire Department No comments
Planning No comments
Recreation, Culture & Parks No comments
Tillsonburg Hydro Inc No comments .
Duncan, Linton LLP Comments reserved
FINANCIAL IMPACT/FUNDING SOURCE
The lands were transferred to the Town, along with a lot on Young Street, in exchange
for debt forgiveness relating to the golf course redevelopment. Depending on the price
negotiated for these lands, there may be an impact to the Town’s balance sheet.
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
Page 281 of 405
EDM 21-13
Page 4 of 5
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonbur g’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 282 of 405
EDM 21-13
Page 5 of 5
Appendix A – Plan 41R-8799
Page 283 of 405
Page 1 of 5
Subject: BIA Levy Assessment and Write-Off Policy
Report Number: FIN 21-11
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report FIN 21-11 2020 BIA Levy Assessment and Write-Off
Policy as information.
BACKGROUND
This report has been prepared in response to the following resolutions by Council on
October 26, 2020 & March 8, 2021;
Resolution # 2020-477
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receive Oxford County Staff Report PW 2020 -47, and the
Tillsonburg BIA resolutions regarding the levy write-off policy, the Town Hall
Project, the BIA 2021 budget and the BIA zone expansion, as information;
AND THAT staff be directed to report back in response to the Tillsonburg BIA
resolutions regarding the Levy Write-off Policy and the BIA Zone Expansion, for
Council’s consideration.
Resolution # 2021-114
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
Page 284 of 405
FIN 21-11
Page 2 of 5
THAT staff bring a report back to Council outlining recommendations in regards
to using Municipal Act 2001, S.O. 2001, C 25 Section 208 “funds raised” to
create a minimum/maximum charge for properties known as 164, 170, 200 and
248 Broadway.
DISCUSSION
BIA Write-Off Policy
On October 26, 2020 Council received a delegation by the Tillsonburg Business
Improvement Area (BIA), including a motion from the BIA Board of Management,
requesting that the Town change the BIA levy write-off policy so that all future write-
off(s) attributable to the BIA levy are absorbed within the Town financials and not by the
BIA.
Staff was not aware of the existence of such a policy nor was anything identified within
Town records. Confirmation of document existence was verbalized by the BIA during
the delegation discussion, however multiple attempts made by staff to the BIA for supply
of this policy have been to no avail.
Investigation was made by staff within the Ontario Municipal Tax & Revenue
Association of Ontario (OMTRA) and to County and Area Municipalities which did not
yield any such endorsed arrangements/policy’s between BIAs and their respective
municipalities. In summary, evidence indicates that municipalities do not subsidize
these BIA losses. The consensus feedback received is that each BIA holds
responsibility for budgeting for write-offs and uncollectible levies. The exception to this
is the City of Toronto which manages an annual contingency fund on the behalf of the
BIA by automatically withholding 10% of the BIA budgeted levy requirement. Such a
measure is not recommended to be utilized by the Town as Tillsonburg BIA confirmed
during a January 2021 delegation that they will be incorporating into their annual budget
a figure for adjustments on a go-forward basis commencing with the 2022 BIA budget.
Appeal and settlements do not only impact the BIA but the Town as well; when the BIA
experiences revenue loss, the Town also has lost taxation dollars as a result of the
same reduced assessment value. As mentioned earlier, by annually budgeting for
estimated appeal losses based either on historical appeal averages or as a percentage
of the levy this will mitigate potential in-year unfavourable impacts for the BIA.
Page 285 of 405
FIN 21-11
Page 3 of 5
BIA Levy Assessment
On March 8, 2021 Council received a delegation by the Tillsonburg BIA, including a
motion from the BIA Board of Management, requesting that the Town use an alternative
option as provided under the Municipal Act, 2001, c. 25, s. 208 to raise the levy amount
required for the purposes of the BIA (Board of Management).
The Municipal Act, 2001, c. 25, s. 208.(3) states that:
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 tha t
is in a prescribed business property class;
(b) dollar amounts; or
(c) percentages of the board of management’s annual budget.
The majority of BIA levies are calculated based solely on Assessment Rate x BIA rate
based on the approved BIA annual operating budgets. Out of approximately eighty
Ontario BIA's, there are two (including the City of Toronto) that have utilized "Minimum /
Maximum BIA charges" on one or more assessed properties within the respective BIAs.
The Tillsonburg BIA as part of their motion as submitted to Council is requesting that the
Town establish a maximum charge of 43% (2021 - $59,963.50) of the BIA annual levy
(option (c) above) apportioned amongst the specific properties known as 164, 170, 200,
and 248 Broadway. The proposed rate has been determined as consistent with the
properties cumulative percentage of the previous BIA 2020 levy. The residual annual
BIA levy will continue to be distributed amongst all other BIA properties using the
historical calculation of Assessment Rate x BIA rate.
It is important to recognize that any subsequent assessment increases to these
identified properties will be excluded from additional BIA levy requirements since they
are not responsible to pay increases beyond their stated maximum amounts as
contained in the By-Law. For example, an increase in assessment can be triggered as
more vacant units within the property become occupied. It has been generally
determined however that the benefit of mitigating the potential for BIA losses due to the
significant historical appeals of these properties outweighs the opportunity cost of the
increase in BIA revenue resulting from assessment growth.
Page 286 of 405
FIN 21-11
Page 4 of 5
Once established by By-Law the percentage will be set and subject to annual CPI
increases, unless otherwise specified in duration or terms. Should Council be in
agreement with the BIA’s request, advance notice of the passing of the By-Law is
recommended to be circulated by the Town to all BIA property owners advising of the
change and appeal deadline. Alternatively, another option to establish the adjusted BIA
charge is for the BIA to have the property owners vote with the decision forwarded to
Council for By-Law approval. As there are only two municipalities utilizing min/max
charges and one established this structure at BIA inception, further investigation may be
required with respect to these alternative implementation procedures including possible
unforeseen impacts to the BIA.
FINANCIAL IMPACT
Write-Off Policy
The recommendation is not to proceed with a BIA Write -Off Policy therefore there is no
incremental financial impact to the Town.
BIA Levy Assessment
The proposed change would be strictly contained within the BIA’s levy distribution
model and affect the BIA only. Should advance By-Law notice be circulated by mail then
costs to the Town may include postage, envelopes, and applicable staff time. These
associated costs could potentially be recovered through a subsequent charge to the
BIA.
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
Page 287 of 405
FIN 21-11
Page 5 of 5
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 288 of 405
Page 1 of 6
Subject: Open-Air Burning By-Law
Report Number: FRS 21-02
Department: Fire Services
Submitted by: Paul Groeneveld, Acting Fire Chief
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT staff report FRS 21-02 Open-Air Burning By-Law be received for information;
AND THAT Staff be directed to implement Option 3 to promote safe open-air burning
practices in the Town:
Update Recreational Fires Brochure
Distribute Brochure annually with February tax bills
Create fire safety messaging plan for open air burning and for distribution of
information utilizing the following communications avenues; fire station and
Towns signs, and fire services and Town social media outlets
Amend rates and fees by-law to include educational enforcement (written
warning/letter) for first offence under By-law, and a fee (as per current fee) for a
second and any additional offences under the By-law at the current rate in Fees
By-law
Introduce fire services SOG for response to, investigation and enforcement of
open-air burning complaints
BACKGROUND
At the March 8, 2021 meeting of Tillsonburg Town Council, the following resolution was
passed:
Resolution # 2021-130
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT staff prepare a report including options 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.
Page 289 of 405
FRS 21-02
Page 2 of 6
By-law 3072
In 2003, the Town enacted by-law 3072 to regulate open burning in the Town. The By-
law prescribes that no person shall conduct an open air burning within the boundaries of
the Town, unless permissions has been given by the Fire Chief. Further, no person shall
set a fire that is not contained.
The By-law automatically provides approval, by the Fire Chief, for a person to conduct
an open air burning that is contained within non-combustible containers or pits
specifically designed for open-air burning.
The prescribed conditions for open air burning approved by the Fire Chief includes:
Conducted between the hours of 4:00 p.m. and midnight
No materials other than commercially produced charcoal briquette or clean, dry
seasoned wood may be burned
Burning shall be confined to non-combustible containers or to a pit no larger than
61 cm by 61 cm in size
The burning device or pit shall be covered with a heavy gauge metal screen to
preclude the escape from the fire of combustible solids such as sparks and ash
Dimensions of the fuel being burned shall not be greater than the size of the
container or fire pit to a maximum of one cubic foot and shall be confined within
the container or pit at all times
Burning shall be confined to a location that provides for a minimum distance of
five meters in all directions from adjacent properties
Burning shall be confined to an area that is a minimum of three meters from
combustible structures or objects
An effective extinguishing agent of sufficient size and with the capability of
extinguishing the fire shall be immediately available for use
Burnings shall be attended, controlled and supervised at all times and shall be
completely extinguished before the burn site is vacated
Burning is not permitted when the wind speed exceeds fifteen kilometers per
hour or during rainy or foggy weather or at times when a smog alert has bee n
declared
The owner, occupant or permit holder must take steps to ensure the adjacent
properties are protected and that the byproducts of open-air burning do not have
a negative impact on persons, pets, or the environment.
The By-law also prescribes provisions for special events or non-complying recreational
burning. These types of burning are approved through the issuance of a Burn Permit
with issuance contingent on an on-site inspection.
Enforcement of By-law
The By-law provides for enforcement through a range of options including:
The Fire Chief not issuing a permit when the propose burning is zoned residential
Fire Chief may revoke or refuse permission for open air burning or special event
Page 290 of 405
FRS 21-02
Page 3 of 6
Fire Chief can not provide permission to burn materials other than clean, dry
seasoned wood, charcoal, briquettes or other commercial fuels such as natural
gas or propane produce specifically for cooking purposes
Fire Chief can withdraw a special event permit and/or stop the open air burning
Fire Chief can order the landowner, occupant or permit holder to extinguish the
fire, and where the fire is not extinguished the Fire Chief can take action to
extinguish the fire
The land owner, occupant or permit holder may be held liable for any and all
costs incurred by the Town in its efforts to extinguish the fire. Further, the person
who owns or occupies the land shall be responsible for any and all costs incurred
by the Town in its efforts to extinguish the fire.
Tillsonburg Rates and Fees By-law
The Town’s Fees By-law prescribes a fee for the response by fire services to an open-
air burn as follows:
Fee for each fire apparatus dispatched to a
burn complaint where the by-law is
contravened and/or fire department is
required to extinguish an open-air burn.
$488.40/hour +
$244.20 each half
hour thereafter
(based on MTO set rate)
DISCUSSION
Tillsonburg Fire and Rescue
Tillsonburg Fire and Rescue (TFR) responds to reports of open-air burning with one fire
apparatus and a minimum of four firefighters. Additional fire apparatus and firefighters
may be dispatched where the response is required in order to extinguish the open -air
burn.
The following chart depicts the number of responses by TFR to open-air burning
complaints since 2017.
Year 2017 2018 2019 2020
Open Air Burning /
Unauthorized 14 8 15 7
Authorized Open
Air Burning -
Complaint
2 2 2 1
Enforcement
The Fire Communications Center processes calls regarding complaints related to open-
air burning and dispatches fire resources where necessary. In addition, complaints
received through the Town’s MESH system and where fire services are not dispatched
the complaint is forwarded to the Town’s By-law Enforcement Officer for investigation.
Page 291 of 405
FRS 21-02
Page 4 of 6
TFR policy provides where the TFR responds to an open-air burn complaint firefighter
gather information and forwards the information to the Deputy Chief.
Fire Services records indicate that no person has been invoiced under the Fees By-law
to date.
Staff suggests the Fees By-law be amended to include a written warning (letter) for a
first offence, and a fee (MTO Rate) for a second offence and all subsequent offences.
Where the fee is not paid by an owner the fee can be applied to the property taxes .
Further, where a fee is not paid by an occupant/tenant the Town can pursue payment
through a collection agency.
Recreational Fires Brochure
Staff suggest the current Recreational Fires brochure contains accurate information.
The brochure contains excerpts from the by-law which may not provide clear language
information to the public.
Staff has looked at brochures from other municipalities and suggests that the current
Recreational Fires Brochure be updated to include the suggestions forwarded by the
public to improve communication of open-air burning requirements.
Options
Staff provides the following Options for Councils consideration:
Option #1 – Status Quo
Update Recreational Fires Brochure
Continue with current response to complaints and enforcement action
Option #2 – Educational Enforcement
Update Recreational Fires Brochure
Distribute Brochure annually with February tax bills
Create fire safety messaging plan for open air burning and for distribution of
information utilizing the following communications avenues; fire station and Town
signs, and fire services and Town social media outlets
Amend Fees By-law to include educational enforcement for first offence under
By-law, and a fee (as per current fee) for a second and any additional offence
under By-law at current rate in Fees By-law
Introduce fire services SOG for response to, investigation and enforcement of
open-air burning complaints
Invoice violators as per amended Fees By-law.
Page 292 of 405
FRS 21-02
Page 5 of 6
Option #3 – Zero Tolerance Enforcement
Update Recreational Fires Brochure
Distribute Brochure annually with February tax bills
Create fire safety messaging plan for open air burning and for distribution of
information utilizing the following communications avenues; fire station and
Towns signs, and fire services and Town social media outlets
Invoice property owner or occupant for non-compliance with Open-Air Burning
By-law on first and subsequent violations
Introduce fire services SOG for response to, investigation and enforcement of
open-air burning complaints
CONSULTATION
Staff received the following concerns regarding the Town’s open -air burning regulations:
The Town needs to do a better job of communicating the requirements of the
open-air burning regulations to the public
Include a brochure on open-air burning requirements in the distribution of the tax
bills
Recreational Fire Brochure should include information:
o on why open-air burning by-laws are important, including the environment
and health and safety of the public
o regarding renters to have written permission from homeowners to have
open-air burns on the property
o photos to aid people in understanding the requirements for open-air
burning
o about recreational fireworks and the requirements for setting off of
fireworks
o explaining/defining combustibles (E.g., trees, overhead wires, sheds, etc.)
o information about the Fire Code provisions for open -air burning.
People applying for permits should initially be visited by fire service personnel to
review their plans for open-air burning and communicate the requirements
There should be a penalty for not following the requirements of the by-law
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
Page 293 of 405
FRS 21-02
Page 6 of 6
☐ 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 – By-law 3072 – The Regulation of Open Air Burning in the Town of
Tillsonburg
Appendix B – Current Open Air Burning Brochure
Page 294 of 405
Page 295 of 405
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This pamphlet contains an excerpt from
By-Law 3072, which is a by-law to
regulate open air burning in the Town of
Tillsonburg. It became effective on
October 27, 2003.
Before you have a recreational fire read
the following rules and conditions
contained in this brochure. However, to
fully understand your responsibility and
the penalties that may result for failure
to comply with regulations, you are
advised to obtain a complete version of
By-Law 3072.
A copy of the by-law may be requested in
person at the Tillsonburg Customer
Service Centre at 10 Lisgar Avenue. By-
laws are also available to be viewed on-
line at our municipal website:
http://www.tillsonburg.ca/
To file a complaint under
item (k) please call:
Fire Communications (519) 842-3229
Each step toward safety is one step
further from tragedy
RRREEECCCRRREEEAAATTTIIIOOONNNAAALLL
FFFIIIRRREEESSS
Page 300 of 405
Excerpt from By-law 3072
Part 2 General Provisions
2.2 Permission-Recreational Burning
Permission is granted, by the Fire Chief, for
open air burnings that are contained within
non-combustible containers or pits
specifically designed for open-air burnings.
The following regulations shall apply with
respect to open-air burnings for recreational
purposes:
(a) Open-air burnings may be conducted
between the hours of 4 pm and
midnight only.
(b) No materials other than commercially
produced charcoal briquette or clean,
dry seasoned wood may be burned.
(c) Open burnings shall be confined to
non-combustible containers or to a pit
no larger than two (2) feet (61
centimetres) by two (2) feet (61
centimetres) in size.
(d) When in use the open burning device
or pit shall be covered with a heavy
gauge metal screen having mesh
openings no larger than one half (.5)
inch (13 millimetres) which shall be
placed in such a manner as to
preclude the escape from the fire of
combustible solids such as sparks
and ash.
(e) The dimensions of the fuel being
burnt shall not be greater than the
size of the container or fire pit to a
maximum of one (1) cubic foot (.03
cubic metres) and shall be totally
confined within the container or pit
at all times.
(f) An open air burning shall be
confined to a location that provides
for a minimum distance of five (5)
metres (16.4 feet) in all directions
from adjacent properties.
(g) Open-air burnings shall be confined
to an area that is a minimum of three
(3) metres (9.84 feet) from
combustible structures or objects.
(h) An effective extinguishing agent of
sufficient size and with the
capability of extinguishing the fire
shall be immediately available for
use.
(i) Open air burnings shall be attended,
controlled and supervised at all
times and shall be completely
extinguished before the open-air
burn site is vacated
(j) Open-air burnings are not permitted
when the wind speed exceeds 15
kilometres per hour or during rainy
or foggy weather or at times when a
smog alert has been declared. The
appropriate Federal and/or
Provincial Government agency shall
be used as the source for this
information.
(k) The owner, occupant or permit
holder must take steps to ensure that
adjacent properties are protected and
that the byproducts of open-air
burnings do not have a negative
impact on persons, pets or the
environment.
Page 301 of 405
Page 1 of 3
Subject: Fire Safety Grant
Report Number: FRS 21-03
Department: Fire Services
Submitted by: Paul Groeneveld, Acting Fire Chief
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT staff be directed to implement the projects as outlined in the OFMEM Fire Safety
Grant Application, as approved by the OFMEM.
BACKGROUND
On March 11, 2021, the Government of Ontario announced a Grant Opportunity for Fir e
Services in Ontario.
Since the start of the pandemic, Ontario’s Fire Services have faced unprecedented
challenges and have voiced those concerns. The ability to train fire service members in
a COVID environment brought with new restrictions makes it very challenging for fire
services to meet training requirements and priorities over the last year. In addition,
OFMEM has heard concerns from fire departments about fire code enforcement and the
ability to enter premises to conduct inspections and promote f ire safety. It is hoped that
this grant will work to support fire services through this period of uncertainty and
ongoing challenges.
The OFMEM has advised that the Town of Tillsonburg is eligible to receive up to $8,500
in support as part of this grant program.
The grant is intended to provide fire departments with the flexibility to support two
priority areas as follows:
On-going training needs including registration, administrative programming,
technology upgrades and associated costs for attending as well for providing
services;
Capital costs and training to ensure code compliance.
Page 302 of 405
FRS 21-03
Page 2 of 3
In order to receive the funds, the Office of the Fire Marshal (OFM) required that the
Town submit an application by a representative by the municipality. As decisions
regarding the grant may not have time to proceed to municipal council for approval
within the timeframes identified below, the OFMEM was comfortable with the Fire Chief
accepting the grant in principle on behalf of the municipality, pending formal approval
from Council. To help facilitate this process, once the grant applications are approved,
the OFMEM will send the respective Fire Chief a letter of intent that will be contingent
upon Council’s deliberations.
So that funds can be allocated before March 31, 2021, all applications had to be
received by the OFMEM no later than March 19, 2021. In addition, as a condition of the
grant, these funds must be spent by August 1, 2021 and a report back to the Fire
Marshall will be required by September 1, 2021 to ou tline how the grant was utilized at
the department level.
DISCUSSION
The application included the following:
Increased training opportunities
Implementing the following positions to facilitate training of firefighters,
conducting public education activities and fire safety inspections: Captain of
Special Ops (NFPA 1041 Instructor Level 2, NFPA 1021 Fire Officer Level 1 and
NFPA 1006 General Rescuer, water and ice rescue and technician level in rope
and confined space rescue), Training Officer/Captain (NFPA 1041 Fire
Instructor Level 2, NFPA 2021 Fire Officer Level 1), and Fire Prevention
Officer/Inspector (NFPA 1031 Level 1 Courtroom Procedures, Fire Code Part 2
and 6, Fire Code Part 9 (projected costs are $10,000).
The grant will be used to train these positions through a RTC.
Establishment of a virtual inspection program
The Public Fire and Life Safety Educator will utilize a computer and software
to conduct virtual life safety training and education initiatives (projected cost is
$9,557.44).
On March 29, 2021 Staff received a notice of pending approval under the Fire Safety
Grant Program form the OFMEM.
In accordance with OFMEM Guidelines for processing the Grant Application and the
timelines for approvals, the Fire Chief accepted the grant allocation and proposed
strategy for utilization, pending approval by Council.
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FRS 21-03
Page 3 of 3
Council is required to approve the Fire Services Proposal for spending of the funds
provided before the OFMEM will finalize and execute the transfer of funds. Once
Council approves the proposed strategy for utilization of the funds the OFMEM will
reach out to finalize the Transfer of Payment Agreement.
CONSULTATION
N/A
FINANCIAL IMPACT/FUNDING SOURCE
Additional revenue of $8,500.
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 – Fire Safety Grant Application
Appendix B – OFMEM Memo to Fire Services
Page 304 of 405
Page 305 of 405
Office of the Fire Marshal
2020/2021 Fire Safety Grant Application Form
Instructions:
1. Please ensure that all fields are completed as part of this grant application form.
2. If you require more space, please adjust the text boxes as needed.
3. If you wish to split the grant between supporting training and supporting a virtual inspection
program to enhance your existing in-person inspection program, please complete both sections
below.
4. Please email completed application to ofm@ontario.ca
5. Applications must be received no later than 1700hrs on March 19, 2021.
6. If you have any questions, please contact your Fire Protection Adviser.
Name of Municipality Town of Tillsonburg
Name of Fire Department Tillsonburg Fire and Rescue Services
Municipal Mailing Address 200 Broadway, Suite 204
Tillsonburg, ON
N4G 5A7
Name of Fire Chief Paul Groeneveld (Acting)
Email Address for Fire Chief
pgroeneveld@norwich.ca
Fire Safety Grant Allocation
Amount
$8,500.00
For those departments who wish to use the grant to support training, please provide a brief description
of how the grant will be allocated, including the dollar amount. Please provide a brief overview of the
training being provided, mode of delivery (online, Regional Training Centre, Learning Contract, other)
and estimated timelines for completion. Please refer to the Fire Marshal Memo issued on March 11th,
2021 for additional information regarding eligible expenses. Please add extra lines to expand the text
box below, if needed.
Tillsonburg Fire and Rescue Services is implementing the following positions to facilitate training of
firefighters, conducting public education activities and fire safety inspections.
• Captain of Special Ops
• Training Officer / Captain
• Public Fire and Life Safety Educator, and
• Fire Prevention Officer/Inspector.
TFRS will utilize the grant funds to train the incumbents in these positions through a RTC, as follows:
• Captain Special Operations – NFPA 1041 Instructor Level 2, NFPA 1021 Fire Officer Level 1,
other related courses as approved by Council, including NFPA 1006 General Rescuer, water
Page 306 of 405
Office of the Fire Marshal
2020/2021 Fire Safety Grant Application Form
and ice rescue (third party) and Technician Level in Rope and Confined Space Rescue.
Projected Cost – $2,900
• Training Officer / Captain – NFPA 1041 Fire Instructor Level 2, NFPA 2021 Fire Officer Level 1
Projected Cost - $2,900
• Fire Prevention Officer / Inspector – NFPA 1031 Level 1 Courtroom Procedures, Fire Code
Part 2 and 6, Fire Code Part 9. Projected Costs - $4,200.
For those departments who wish to use the grant to support a virtual inspection program to enhance
your existing in-person inspection program, please provide a brief description of how the grant will be
allocated, including the dollar amount. Please provide a brief overview of the compliance activities and
how it will be administered at the department level, including potential rollout. Please refer to Fire
Marshal Memo issued on March 11th, 2021 for additional information regarding eligible expenses.
Please add extra lines to expand the text box below, if needed.
The following positions identified above would require being set up with their own laptop equipped
with the appropriate software in order to undertake courses offered via virtual learning by the OFC
or RTC.
Further, the Public Fire and Life Safety Educator would utilize a computer and software to conduct
virtual fire life safety training and education initiatives.
The projected cost of this project is $9,557.44.
Name of Application Submitter
Paul Groeneveld
Title Acting Fire Chief/CEMC
Signature
Date March 16, 2021
Page 307 of 405
Page 1 of 3
Subject: Results for RFT 2021-001 Vienna Road (HWY 19) Asphalt Rehabilitation
Report Number: OPD 21-12
Department: Operations and Development
Submitted by: Shayne Reitsma, Manager of Engineering
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report OPS 21-12, Results for RFT 2021-001 Vienna Road
(HWY 19) Asphalt Rehabilitation as information;
AND THAT Council awards Tender RFT 2021-001 to J-AAR Excavating Limited of
London, ON at a cost of $968,968.52 (net HST included), the lowest bid received
satisfying all Tender requirements.
BACKGROUND
A tender was issued on February 22nd 2021 for the Asphalt and Concrete Maintenance
Program with fourteen (14) plan takers and a total of four (4) bids received by the
closing date of March 17th 2021 with the lowest bid from J-AAR Excavating Limited of
London, Ontario at a cost of $968,968.52 (net HST included).
DISCUSSION
As shown in Figure 1 (Attached) this project includes full depth resurfacing on Vienna
Road, new curb in various locations and the installation of new sidewalk. This project is
in conjunction with the MTO Connecting Link Program.
The tender was advertised on Bids and Tender. Results of the tender are summarized
below:
Bidder Location Bid Amount
1. J-AAR Excavating Limited Ltd. London, ON $968,968.52
2. Coco Paving Inc. London, ON $993,177.60
3. Dufferin Construction Company Simcoe, ON $1,029,237.27
4. Brantco Construction Cambridge, ON $1,171,345.13
Page 308 of 405
OPD 21-12
Page 2 of 3
The above bids include net HST of 1.76%. The bids also include a $115,000
contingency allowance for material testing and any unforeseen expenses encountered
during construction. It should be noted that the actual price of asphalt cement from the
time the tender is closed to the time asphalt is actually placed is subject to an Asphalt
Cement (AC) adjustment factor that is set monthly by the MTO. Reference checks for
J-AAR Excavating Limited Ltd. returned satisfactory.
CONSULTATION
Any planned roadway or lane closures in order to facilitate the work will be kept to a
minimum and communicated to the public or any directly affect residents in advance, in
accordance with the Town’s Public Engagement Policy.
FINANCIAL IMPACT/FUNDING SOURCE
ITEM TENDER
COST
2021 BUDGET
ALLOCATION
MTO – Connecting Link Program (Grant) $692,627.43 $1,729,759.50
Town of Tillsonburg Contribution (Capital) $185,837.78 $192,195.50
Sidewalk Connectivity Program (Capital) $99,769.98 $100,000*
TOTAL $968,968.52 $2,021,955**
*Note that Council approved $200,000 for the Sidewalk Connectivity Program, but is
split between the Asphalt and Concrete Maintenance Program and the Vienna Road
Project
**Note that budget estimates were based on the results from a 3 year average of early
tender pricing.
The combined budget for this project is $2,021,955 which consists of $1,729,759.50 in
MTO – Grant Funding, $222,895.5 in taxation and $69,300 in Development Charges. It
should be noted for this tender that major unit rate prices were significantly lower
compared to previous years.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
Page 309 of 405
OPD 21-12
Page 3 of 3
☒ 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 – Vienna Map Labelled
Page 310 of 405
The Corporation of the Town of Tillsonburg
Operations Services
Engineering Department
200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7
Tel: (519) 688-3009
www.tillsonburg.ca
VIENNA ROAD
Page 311 of 405
Page 1 of 3
Subject: Results for RFT 2021-002 Asphalt and Concrete Maintenance Program
Report Number: OPD 21-13
Department: Operations and Development
Submitted by: Shayne Reitsma, Manager of Engineering
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT Council receives report OPS 21-13, Results for RFT 2021-002 Asphalt and
Concrete Maintenance Program as information;
AND THAT Council awards Tender RFT 2021-002 to Permanent Paving of Woodstock,
ON at a cost of $434,844.70 (net HST included), the lowest bid received satisfying all
Tender requirements.
BACKGROUND
A tender was issued on February 22nd 2021 for the Asphalt and Concrete Maintenance
Program with nineteen (19) plan takers and a total of six (6) bids received by the closing
date of March 17th 2021 with the lowest bid from Permanent paving of Woodstock, Ontario
at a cost of $434,844.70 (net HST included).
DISCUSSION
As shown in Figure 1 (Attached) this project includes full depth resurfacing on Bridge
Street, surface asphalt on Lowrie, Reid and Jane Street as well as other minor asphalt
patching repairs as a result of maintenance work from the Public Works and Water
Departments. Concrete sidewalk will be placed on Old Vienna Road , Vienna Road and
Bridge Street. The Concrete sidewalk for Vienna Road would be awarded as part of the
Vienna Road Reconstruction Project.
The tender was advertised on the Bids and Tender. Results of the tender are summarized
below:
Page 312 of 405
OPD 21-10
Page 2 of 3
Bidder Location Bid Amount
1. Permanent Paving Ltd. Woodstock, ON $434,844.70
2. Dufferin Construction. Simcoe, ON $450,253.91
3. Armstrong Paving St. Mary’s, ON $541,506.05
4. J-AAR Excavating. London, ON $555,873.16
5. Coco Paving Inc London, ON $589,190.40
6. Brantco Construction Cambridge, ON $644,040.26
The above bids include net HST of 1.76%. The bids also include a $50,000
contingency allowance for material testing and any unforeseen expenses encountered
during construction. It should be noted that the actual price of asphalt cement from the
time the tender is closed to the time asphalt is actually placed is subject to an Asphalt
Cement (AC) adjustment factor that is set monthly by the MTO. Reference checks for
Permanent Paving Ltd. returned satisfactory.
CONSULTATION
Any planned roadway or lane closures in order to facilitate the work will be kept to a
minimum and communicated to the public or any directly affect residents in advance, in
accordance with the Town’s Public Engagement Policy.
FINANCIAL IMPACT/FUNDING SOURCE
ITEM TENDER
COST
2021 BUDGET
ALLOCATION
Roads Patching Maintenance (Operating) $39,234.38 $42,500
Roads Sidewalk Maintenance (Operating) $638.95 $6,000
Roads Curb Maintenance (Operating) $4,095.84 $7,500
Sidewalk Connectivity Program (Capital) $99,804.58 $100,000*
2021 Asphalt Paving Program (Capital) $291,070.95 $400,000
TOTAL $434,844.70 $556,000**
*Note that Council approved $200,000 for the Sidewalk Connectivity program but is split
between the Asphalt and Concrete Maintenance Program and Vienna Road Project
**Note that the budget estimate was based on results from 2020 early tender pricing.
Page 313 of 405
OPD 21-10
Page 3 of 3
The combined budget for this project is $556,000 which co nsists of $400,000 in Gas Tax,
$30,700 taxation, $69,300 in Development Charges and $56,000 from the Roads
maintenance operating budgets.
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 – Figure 1
Page 314 of 405
The Corporation of the Town of Tillsonburg
Operations Services
Engineering Department
200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7
Tel: (519) 688-3009
www.tillsonburg.ca
REID STREET
LOWRIE CRESCENT
BRIDGE STREET
OLD VIENNA ROAD
JANE STREET
Page 315 of 405
Page 1 of 3
Subject: O.Reg 588/17 Asset Management Planning for Municipal Infrastructure
regulation amendment
Report Number: OPD 21-15
Department: Operations and Development
Submitted by: Carlos Reyes, Director of Operations and Development
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT report OPD 21-15 O.Reg 588/17 Asset Management Planning for Municipal
Infrastructure regulation ammendment be received as information.
BACKGROUND
Asset Management Planning is certainly an important initiative for municipalities. It helps
decision makers and the public better understand infrastructure deficits, asset needs and
fiscal challenges.
In many parts of Ontario, existing infrastructure is degrading faster than it is being repaired
or replaced, putting services at risk. To help address this issue, the Province implemented
the Asset Management Planning for Municipal Infrastructure Regulation (O. Reg. 588/17),
under Infrastructure for Jobs and Prosperity Act, 2015, effective January 1, 2018. The
goal of this regulation is to help improve the way municipalities plan for their infrastructure.
The regulation builds on the progress municipalities have made while bringing
consistency and standardization to asset management plans to help spread best
practices throughout the sector and enable the collection of comparable data.
Requirements under O.Reg 588/17 for municipalities in Ontario include s:
Phase 1 (by July 1, 2019): all municipal governments to have a finalized initial st rategic
Asset Management policy outlining commitment to best practices and continuos
improvement (Completed).
Page 316 of 405
OPD 21-15
Page 2 of 3
Phase 2 (by July 1, 2021): all municipal governments to have an adopted Asset
Management Plan for core assets (roads, bridges and culverts, water, wastewater and
stormwater management) that discusses current levels of service and the cost of
maintaining those services. The regulation sets out both qualitative descriptions and
technical metrics for each of the core assets.
Phase 3 (by July 1, 2023): Municipal governments to an adopted Asset Management Plan
for all of its other municipal infrastructure assets, which also discusses current levels of
service and the cost of maintaining those services. The municipality is to set the technical
metrics and qualitative descriptions for its other assets.
Phase 4 (by July 1, 2024): The Asset Management Plans shall include a discussion of
proposed levels of service, the assumptions related to the proposed levels of service,
what activities will be required to m eet proposed levels of service, and a strategy to fund
the activities.
Municipalities under 25,000 are not required to discuss detailed risk analysis or growth.
DISCUSSION
On March 23, 2021, The Town received notification from the Province announcing that
the regulation has been amended to extend the upcoming phase 2 (July 1, 2021) timeline
by one year, and subsequent timelines for phases 3 and 4 by one year. The amended
regulation came into effect on March 15, 2021. The revised regulatory timelines are as
follows:
Phase 2 (by July 1, 2022): Asset management plan for core infrastructure assets which
include water, wastewater and stormwater assets, roads, bridges and culverts; within this,
the plan for core assets must also include current levels of ser vice and costs to maintain
these levels.
Phase 3 (by July 1, 2024): Asset Management Plan for all municipal assets, including
current levels of service and costs to maintain these levels.
Phase 4 (by July 1, 2025): Builds on phase 3 where plans shift from current levels of
service to focus on proposed levels of service and related lifecycle management and
financial strategy for all assets.
CONSULTATION
The following staff/resources have been consulted for this report:
Manager of Engineering
Page 317 of 405
OPD 21-15
Page 3 of 3
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
None.
Page 318 of 405
Page 1 of 2
Subject: Annandale Marketing and Promotion Delivery Strategy 2021
Report Number: RCP 21-10
Department: Recreation, Culture and Parks
Submitted by: Christopher Baird, Director of Recreation, Culture and Parks
Meeting Type: Council Meeting
Meeting Date: Monday, April 12, 2021
RECOMMENDATION
THAT report RCP 21-10 Annandale Marketing and Promotion Delivery Strategy 2021,
be received as information;
AND THAT staff be directed to incorporate the report recommendations into current
marketing and promotional strategies and future Business Plans.
BACKGROUND
In late 2020, and as part of the Service Delivery Review and Recommendations from
the Oxford County Service Delivery Review Project, The Town of Tillsonburg was able
to participate in the Municipal Modernization Program’s Intake 2.
With the support of the CAO and Council, The Director of RCP made application on
behalf of Annandale National Historic Site for the development of a Mark eting and
Promotion Delivery Strategy. The Consulting firm of MJW Community Heritage
Services was able to complete the report within the tight timeframes. Please refer to
Attachment A as appended to this staff report.
DISCUSSION
To ensure that Annandale National Historic Site remains relevant to the community it
serves and continues to attract new audiences, Staff and Council need to think of new
ways for communication and interactions with the public. A new, creative and bold
approach is proposed. The Town of Tillsonburg recognizes the need for new methods
to connect and communicate with audiences to ensure the sustainability and the
ongoing success of the Annandale National Historic Site through the COVID recovery
period. The attached report examines new and alternative delivery methods to connect
Annandale National Historic Site to its many publics. It presents the benefits of a robust
Page 319 of 405
RCP 21-10
Page 2 of 2
digital marketing strategy and sets out an actionable work plan that can act as a
blueprint for staff to follow over the next few years.
CONSULTATION
This report has been reviewed by the CAO, Director of Corporate Services and the
Director of Finance.
FINANCIAL IMPACT/FUNDING SOURCE
Many of the recommendations contained in the plan can be accommodated within
existing annual base operating budgets. Where certain new initiatives are proposed,
staff will include those in subsequent budget years for Council’s consideration. Should
future grant opportunities arise, staff will also take advantage of those funding sources.
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 – Annandale Marketing and Promotion Delivery Strategy 2021
Page 320 of 405
m j w h e r i t a g e s e r v i c e s @ g m a i l .c o m
Marketing and Promotion
Delivery Strategy 2021
Annandale National Historic Site
Prepa red by:
Melissa Collv e r
MJ W Community Her it age S e rvices
Page 321 of 405
1 E x e c u t i v e Su m m a r y
2
2
4
5
Recom mend a tions
Backgr ou nd
Con text
General Assess ment
6 Ac t io n a b le W o rk p la n
6
6
8
9
10
10
12
12
Recommen datio ns
O verv i e w
M i ssion S tatement/Mandate
Digit al Media Strategy
Socia l Med i a Analytics
Socia l Med i a Platfo rms
Socia l Med i a Ad vertising
V i deo
M a r k e t in g C o n c e p t s13
13
14
15
P r o gr a m D e li v e r y M e t h o d s16
16
17
18
19
V i rtual T ou rs
Events an d E d ucation Programmin g
Beyond the Walls
O utr e a ch
S umma r y20
21 Reso ur c e s for St af f
Collectio ns M a nagement Project
M useum Collect i on
Pod c a sts
Page 322 of 405
During this unprecedented time of a global
pandemic, many cultural industries including
museums and historic sites are evaluating and
reimagining their operational models. The
Town of Tillsonburg understands the value of
this process and has, through the Recreation,
Culture and Parks Department, commissioned
this report to determine recommendations to
ensure the future success and sustainability of
the Annandale National Historic Site (ANHS).
Annandale National Historic Site has
historically taken a traditional approach to its
program delivery and marketing strategy. Now
is the time to evaluate current methods and
adapt them to deal with the effects the global
pandemic has had on cultural industries
including museums.
Public engagement is a core function of
museum work. Even when museums are able to
open to the public, it is predicted that people
will not want to interact with the ANHS in the
same way they did pre-pandemic. This,
however, does not change the fact that the
visitor experience should continue to be the
focus of the museum’s work. The way in which
visitors interact and connect with the museum
may be different post-pandemic but a positive
visitor experience is just as important if not
more so.
To ensure that Annandale National Historic Site
remains relevant to the community it serves and
continues to attract new audiences, staff need
to think in new ways in terms of its
communication and interactions with the
public. A new, creative and bold approach is
required. As a result, the following
recommendations have been determined.
E x e c u t i v e
S u m m a r y
N O W I S T H E T I M E T O E V A L U A T E
Page 323 of 405
Develop a digital marketing strategy for Annandale
National Historic Site.
Invest in the infrastructure and equipment required to
offer a robust virtual delivery of programs.
Develop new and creative methods for program
delivery including virtual programming.
Invest in ongoing staff training in the use of current
digital strategies, platforms, and program delivery.
Digitize the collection.
Increase capacity through collaboration with
community organizations and businesses.
Improve gateway signage.
Commencing in 2023, coinciding with the 50th
Anniversary, review and revise Annandale National
Historic Site’s mission statement.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 2
R e c o m m e n d a t i o n s
B a c k g r o u n d
Tillsonburg’s first community museum was established in
1973. Today, the Town of Tillsonburg operates the Annandale
National Historic Site and has done so since 1989.
Annandale National Historic Site occupies the former residence of
Edwin Delevan Tillson, Tillsonburg’s first mayor, and is situated on
property located at 30 Tillson Avenue. The original home was built in
the 1880s and was part of a large 600-acre estate known as Annandale,
named after E.D.’s wife’s ancestral home in Scotland, United Kingdom.
In 1985, the Town of Tillsonburg assisted with the purchase of Annandale House
and moved the operations of Tillsonburg’s community museum to the site. In order
to accommodate the community museum’s operations and collection, an addition to Annandale
House was constructed in 1988. Today the addition houses the ANHS offices, temporary exhibit space,
collections storage, and a second-story event space.
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The restoration of Annandale House was funded by community donations of over $1 million
demonstrating the people of Tillsonburg value the built heritage and history of their community and
recognize the importance of its preservation.
In 2020, Annandale National Historic Site like all cultural organizations globally, experienced an
unexpected and unprecedented closure in response to COVID-19. What was expected to be a two-week
closure extended into months and continues today.
The global pandemic has significantly impacted the cultural sector. According to the Honourable Lisa
McLeod’s white paper Reconnecting Ontarians, “Ontario’s heritage, sport, tourism and cultural industries
were among the first and hardest hit. They are expected to be the longest to recover.”
This messaging emphasizes the need and importance for museums to re-evaluate their operations
moving forward. Even as the pandemic abates, many people will be reluctant to gather in public spaces.
Traditionally museums have been gathering places, places for establishing connections and participating
in shared experiences. The pandemic disruption is encouraging museums to rethink their operating
models and shift their approach to better serve their communities.
As a result of the COVID-19 pandemic, people are expressing anxiety about gathering in small crowds
and travelling to locations outside of their own public health unit zones. The public’s mindset has
changed and for many, this has resulted in changes in behaviour. This is what cultural industries are
referring to as the “new social reality” and it is a reality that will significantly impact the heritage sector for
many years to come.
Staff at the Town of Tillsonburg recognize the need for new methods to connect and communicate with
audiences to ensure the sustainability and the ongoing success of the Annandale National Historic Site
through the recovery period.
This report examines the need for new and alternative delivery methods to connect Annandale National
Historic Site to its many publics. It presents the benefits of a robust digital marketing strategy and sets out
an actionable work plan that can act as a blueprint for staff to follow.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 3
Annandale House embodies the Aesthetic Arts Movement.
During an extensive restoration, that spanned twelve years,
the beauty of the architectural details of Annandale House
was revealed. The Victorian home boasts extravagant,
hand-painted ceilings, ornate mantles, inlaid floors, and
stained glass.
In 1997, the Historic Sites and Monuments Board deemed
Annandale House as the best surviving example of the
Aesthetic Art Movement in Canada designating it a National
Historic Site.
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Annandale National Historic Site employs 3 full-time employees; the Culture & Heritage Manager/Curator,
a Program Coordinator, and a Collection & Exhibition Specialist.
The Culture & Heritage Manager/Curator reports to the Director of Recreation, Culture and Parks. There is
a Council-appointed Museum Advisory Committee.
The Program Coordinator and Collection & Exhibition Specialist report to the Culture & Heritage
Manager/Curator.
Annandale National Historic Site reported 11,239 visitors in 2018 and 10,901 in 2019. In 2019, 100
volunteers contributed 4,000 hours of time to the site.
The ANHS’s mission statement was created in 2000 and has not been revised since.
Staff indicate that the site has attracted and connected with senior and children/youth audiences. The latter
primarily through the delivery of education programs. Staff indicated they want to focus on attracting a new
audience ranging between the ages of 20-50 years.
Annandale National Historic Site is a historic house museum with a separate but connected gallery space.
The Pratt Gallery hosts the museum’s temporary exhibits. The site promotes self-guided tours of the
temporary exhibits and the historic house. There is a five-year exhibit plan developed by staff that often
relates to anniversary dates, the Christmas season, and the Tillson family. Staff install four to five temporary
exhibits per year and create programming to complement the exhibits.
The site has dedicated collection storage located on the lower level of the 1987 addition. The museum’s
collection consists of approximately 18,000 artifacts, archives, and works of art.
Education programs for school-aged children are offered and staff report they are particularly popular
during the Christmas season. Special events such as Lunch and Learns are a regular and popular program
offering.
C o n t e x t
Annandale National Historic Site is owned and operated by the Town
of Tillsonburg and falls under the purview of the Recreation, Culture
and Parks Department.
2018
11,239
2019
10,901 2019
4,000
hours
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 4
100Page 326 of 405
The Tillsonburg and District Historical Society (TDHS) is an independent organization affiliated with
Annandale National Historic Site and supports the ANHS through volunteerism and financial contributions.
The TDHS host events at the site, such as outdoor concerts on the lawn. They receive use of the property
free of charge but donate proceeds from these events to ANHS. Members of the historical society are
granted free admission to Annandale National Historic Society as a member benefit. The ANHS does not
have its own membership program.
Annandale National Historic Site is also supported by the Museum Advisory Committee. Members are
appointed by Council and a member of Council sits on the Committee. The Committee’s role is to advise
Council on matters related to Annandale National Historic Site and to act as advocates and ambassadors
for the site. They have expressed a commitment to developing a new direction for program delivery and
marketing in response to COVID-19.
Marketing is the responsibility of the Culture & Heritage Manager/Curator. Staff have employed a primarily
traditional approach of employing print media for the promotion of the site.
Annandale National Historic Site is represented on the Town of Tillsonburg’s website which is updated and
maintained by the Communications Department.
Prior to 2020, ANHS staff used digital platforms on an occasional and informal basis. No one staff person
was tasked with managing social media. With the global pandemic and resulting closure of the site, staff
recognized that new ways to remain connected to the public would be required.
It was at this point that the Program Coordinator was tasked with the responsibility of managing the site’s
social media. Staff began to use Facebook on a more regular basis. There is also a Twitter account that is
used regularly but is not referenced on the museum’s website. Both of these social media platforms are
used primarily to promote exhibits and events. This approach is not conducive to encouraging online
interaction with users.
G e n e r a l A s s e s s m e n t
In 2020, staff was able to adapt the site’s annual Christmas
education programming to a virtual offering. Working with the
Town of Tillsonburg’s Communication Department, pre-
recorded videos with program content were created. These
were available to registered classes via a YouTube link that
required a special code. Staff report that 50 classes registered
for the program which is approximately the same number as the
previous in-person sessions.
ANHS uses the PastPerfect Museum Software to manage its
collection. This program provides database storage for artifacts,
photographs, and documents. Of the 18,000 objects in the
collection, only 2.5% of the museum’s collection is digitized.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 5
Page 327 of 405
Develop a digital marketing strategy for
Annandale National Historic Site.
Invest in the infrastructure and equipment
required to offer a robust virtual delivery of
programs.
Develop new and creative methods for
program delivery including virtual
programming.
Invest in ongoing staff training in the use of
current digital strategies, platforms, and
program delivery.
Digitize the collection.
Increase capacity through collaboration with
community organizations and businesses.
Improve gateway signage.
Commencing in 2023, coinciding with the 50th
Anniversary, review and revise Annandale
National Historic Site’s mission statement.
Actionable
Work Plan
P L A N T H E W O R K - W O R K T H E P L A N
R e c o m m e n d a t i o n s
Public engagement is a core function of a
museum’s work. Over the past few years, the use
of social media has become an increasingly
important tool for museums. It has led to greater
accessibility for audiences and allows museums
to interact with these audiences.
O v e r v i e w
Page 328 of 405
By engaging in social media, museums not only present content, but they can also generate feedback
on their content, events, education programs, and exhibitions. By allowing the public to interact
through social media, museums engage users on a more personal level and give them a voice. Social
media users can ask questions and the museum can respond in real-time. This interaction can lead to
long-term engagement and support.
There is an ever-growing amount of virtual content available as a result of COVID-19 and for the
foreseeable future that is only going to increase. With the increasing number of cultural industries vying
for a piece of the “virtual audience” it is important for Annandale National Historic Site to distinguish
itself.
In response to the global pandemic, Annandale National Historic Site needs to look to establish a digital
marketing and promotion strategy and new program delivery methods. These two concepts, while
different, are not mutually exclusive. They are intertwined.
Annandale National Historic Site should increase capacity by bolstering existing relationships and
establishing new ones, with local businesses and organizations, and explore ways in which
collaboration would be mutually beneficial. Innovation and collaboration combined with a willingness
to try something new are vital to future success and sustainability.
As a result of changes in public behaviour, museums will need to adopt a blended model to their
program delivery providing both safe in-person experiences as well as digital offerings for those who
want to experience the museum from the comfort of their own home. While virtual experiences will
continue to be an important component of marketing and programming, it needs to be recognized that
nothing replaces the personal experience of interacting with an artifact or in this particular case the
house itself.
As the province recovers from the impacts of the global pandemic, there are and will continue to be new
funding opportunities to allow cultural industries to embrace new technology. Staff should explore
ongoing funding opportunities to increase its capacity during the long recovery phase.
With the implementation of new initiatives and strategies, regular evaluation should be a built-in
component of the process so that staff can make adjustments to the plan as required. Ongoing
evaluation will ensure that ANHS continues to respond to the impacts of COVID-19.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 7
Action Item #13 of the Ministry of Heritage, Sport, Tourism
and Cultural Industries white paper Reconnecting Ontarians
announced that in 2021 the Province will be offering a travel
incentive to encourage the residents of Ontario to explore
the province. $150 million has been set aside to provide
Ontarians with up to 20% for eligible tourism expenses “to
encourage them to safely discover Ontario in 2021.” This
introduces an excellent opportunity for the Annandale
National Historic Site to introduce itself to new visitors
within Oxford County and from across the province.
Page 329 of 405
A mission statement is the guiding document of any museum, it sets the foundation for all policies and
planning. The mission statement directs the work of the organization ensuring everyone - staff, volunteers,
and governing bodies – understand the work of the museum. The Annandale National Historic Site’s
mission statement was created in 2000 and has not been revised since.
Mission statements are often reviewed when change occurs. COVID-19 is that change agent. Staff need to
revisit and review the Annandale National Historic Site’s mission statement.
The mission statement should explain the museum’s reason for existing and its impacts on the community.
A good mission statement leans toward society impact rather than simply an explanation of operations,
transitioning from being about something to being for someone. (Weil, 1999).
Upon completion, have the revised mission statement approved by the governing authority, and once
approved incorporate it into all planning and policy development. It may be necessary to revise supporting
documents such as the museum’s policies to align with the revised mission statement.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 8
M i s s i o n S t a t e m e n t /M a n d a t e
Assemble a team. The team can include staff, members of the
museum advisory committee, members of council and key
stakeholders.
Research the beginnings of the museum and explore how it
has evolved over time.
Examine the current mission statement. It needs to be
recognized that a mission statement may not always need to
be changed but it is important to acknowledge when it should
be. Consider the strengths and weaknesses of the mission
statement to determine what modifications are needed.
Solicit feedback from key stakeholders to define the value of
the museum to the community. An online pulse survey is one
method to gather this feedback during a global pandemic.
There are many free online survey tools available. Virtual coffee
chats can be scheduled to engage stakeholders on a more
personal level.
Draft the revised mission statement and distribute it to
stakeholders to continue to refine until the document reflects
Annandale National Historic Site’s reason for existence and its
impact on the community.
The review process:
Page 330 of 405
Staff need to create and adopt a digital marketing strategy. The digital marketing strategy will provide a
tangible plan for staff to follow and implement. It will ensure a strategic and scheduled roll out of
messaging.
Social media is continuously evolving with the creation of new platforms and constant changes to existing
platforms. It is recommended that the digital marketing strategy be a “living” document that is constantly
evaluated and revised to respond to changes with social media itself but also the work of the museum and
its audiences.
It is recommended that one staff person be tasked with responsibility for Annandale National Historic
Site’s social media. This is not to say that content can’t be created by the staff team, but it should be
managed by one person, a Social Media Manager.
Staff need to determine the museum’s goals and how best to achieve them through their digital marketing
strategies. Digital marketing hinges on knowing your audience and finding the best online platforms to
reach them as well as determining the best time to post content. Many social media channels have a
scheduling option so that staff can schedule a post to appear outside of traditional working hours when
the targeted audience is more likely to engage. As an example, young professionals are most likely to
check their social media right after work. Awareness of these trends is essential to an effective digital
media strategy.
One of the strengths of social media, with the exception of staff time, is the low financial investment to get
started. Another is the unlimited audience reach.
Understanding the digital environment and optimizing marketing activities means examining the available
technologies and how they can communicate the Annandale National Historic Site brand. While many of
these may be new to staff, the effort will be worthwhile and in fact, is essential to the future growth and
development of the museum.
Social media can significantly boost awareness of the museum and its values. If potential followers come
across your platforms and see that the museum regularly interacts through social media, it will encourage
them to follow.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 9
D i g i t a l M e d i a S t r a t e g y
Two key factors distinguish digital marketing from
traditional marketing. One is the pace at which the
technology evolves and improves. Secondly, the
opportunity it presents to connect the organization and
people. With nothing but a smartphone, staff can create
digital content in minutes.
Museums and historic sites are chocked full of content
and social media has the ability to make the museum, its
collection and its programming more accessible than
ever before.
Page 331 of 405
It should be noted that the municipality has a Social Media Policy as part of its Communications Strategy
which needs to be taken into account when developing the social media plan. The expertise and guidance of
the Communications Staff would assist Annandale National Historic Site in successfully implementing a new
digital media strategy.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 10
Social media algorithms are constantly changing, and
organic posts are shown less and less often to your
followers, this is a strategy employed by social media
platforms to encourage users to purchase advertising.
However, with regular posts that encourage follower
engagement such as commenting, liking and sharing,
platforms will begin to show your posts to more people.
Consider social media as an extension of the customer
service experience. Responding to questions,
comments and concerns on social media is just as
important as answering an email or a telephone query.
Social media analytics is a critical tool in accessing the success of social media marketing. It will provide
information that relates to audience engagement and the success of digital marketing strategies. Through
data analysis, social media analytics software will present staff with all the information they need to
successfully manage their social media platforms. Simply put social media analytics will provide staff with
the data that allows them to identify what is working and what is not in terms of the content strategy. The
right software can also tell you how to fix what is not working.
As with traditional marketing methods, without measuring and analysing how content is being perceived
by users and performing, it will not be successful and the Return on Investment (ROI) will not be realized.
Analytics will track audience demographics, content performance, customer service, the value of paid
advertising campaigns, and much more.
There are a number of social media analytic tools available that are easy to use and easy to understand.
Many social media platforms such as Facebook and Instagram incorporate analytics as part of their online
services.
S o c i a l M e d i a A n a l y t i c s
S o c i a l M e d i a P l a t f o r m s
Some of the most familiar and popular social media platforms include: Facebook, Instagram, Twitter,
Tumblr, YouTube, Reddit, LinkedIn, SnapChat, Pinterest, Flickr, TikTok, Vimeo, WhatsApp.
This list is not an exhaustive list of social media platforms available but is intended to present some of the
more popular and established platforms. In the ever-evolving world of social media, different platforms are
more effective depending on the application. Staff need to determine what they want to achieve and
research each platform and how it might meet their needs.
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By the end of 2020, the number of social media users worldwide stood at 4 billion and 99% of all users access
platforms via their mobile devices. Facebook is the most popular platform globally with 1.8 billion daily users.
It’s imperative that the Social Media Manager understand where the museum’s existing and potential
audiences are active online. This will help to target messaging.
For example, ANHS staff have indicated that they would like to attract a younger audience. SnapChat records
300 million monthly users and 90% of those are between 13 and 24 years of age. While images disappear in
10 seconds, staff can post an artifact and pair it with popular music or memes that a younger demographic
would find engaging.
The Social Media Manager should explore other similar accounts that can be followed in order to establish
and nurture online relationships. This can be accomplished by tagging other accounts in your posts.
Engaging content of other’s accounts where appropriate by liking, commenting, and sharing will encourage
others to engage in and share ANHS’s content, expanding the online audience your content reaches.
Instagram has a “Story” feature that allows for easy sharing of other’s content.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 11
Hashtags stimulate global conservation and are
a useful social media marketing tool for
museums. They are linked by the # symbol
followed by a word or a series of words. Social
media users can connect to content by
searching the hashtag. Annandale National
Historic Site can employ hashtags to increase
the museum’s reach. Some of the most popular
museum-related hashtags include
#AskACurator, #MuseumSelfie, #MuseTech,
#ONheritageweek, and #MuseSocial to name a
few. Hashtags are primarily used with Twitter
but also apply to Instagram and Facebook.
Linking Annandale National Historic Site’s
social media platforms to the municipal website
would drive website visitors to your various
channels.
Lastly, there are many online forums for social
media managers to connect with other
professionals for support and advice. These
forums provide peer support and advice about
opportunities and challenges that arise
through social media engagement. See
Resources for Staff for a link to the Social Media
Managers Facebook page.
Page 333 of 405
Video is a powerful marketing and
programming tool. Almost all museum
work can be shared through video. They
should be incorporated into exhibitions,
programming, and day-to-day operations
and approached with enthusiasm and
commitment.
Videos intended for social media posts
should not be lengthy, ranging from a
few seconds to 3 to 5 minutes. Videos for
exhibit or programming purposes can be
longer. Many social media platforms,
such as Instagram offer various video
features.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 12
.
V i d e o
Using Instagram, staff can use the Reel function to produce a short video. Staff can easily add effects and
music to these videos before posting, increasing their entertainment factor.
Videos provide a great opportunity for followers to meet the staff and others who represent or interact with
the Annandale National Historic Site. It is this personal touch that people respond to even online. The most
effective videos are engaging. This may require staff to rehearse or practice in advance. Don't be afraid to
solicit constructive feedback from a test audience as this will assist staff in delivering experiences that further
cultivates visitor interest.
Add all videos to ANHS’s YouTube channel to build an online profile through this platform. The YouTube
video links can be easily shared on other social media platforms to increase your reach.
Most, if not all, social media platforms have an advertising component so that users can extend their reach
through paid advertising. These ad campaigns offer flexibility in terms of cost and duration. They allow the
advertiser to select their target audience based on age and geography. The platforms provide an ongoing
analysis of the campaign so that advertisers can evaluate the campaign’s success.
S o c i a l M e d i a A d v e r t i s i n g
Page 334 of 405
The next phase of the Annandale National
Historic Site's collection management project
presents a unique opportunity to engage
audiences by including them in the behind-the-
scenes work that is collection management. In
the museum world, much of the important work
occurs out of the eye of the public. People are
naturally curious about the artifacts that are
housed in collection storage areas. Many are
unaware of the importance of this work or what is
involved in ensuring the safe and secure storage
of the collection.
Using the FaceBook and Instagram Live function,
staff are able to engage followers in real-time.
With this function, as soon as staff select “start
live video” followers will receive a notification.
Both platforms are an effective way to document
the day-to-day work of staff. Each has different
features that may lend themselves more
effectively to different applications.
During the “live” presentation, explain the work
you are doing and why you are doing it. Not only
are these live videos entertaining they are an
opportunity to educate the public. They can
demonstrate the skills and expertise museum
professionals possess as well as explain the
important role the museum plays as a steward of
the public trust.
Marketing
Concepts
E D U C A T E A N D E N T E R T A I N
C o l l e c t i o n s
M a n a g e m e n t
P r o j e c t
Page 335 of 405
.
Encourage watchers to interact during the video. Prompt them to ask questions throughout the “live” video
and be sure to answer them. If they can’t be answered during the video be sure to follow up afterward with
the answer. Request that followers like, comment and share during the video, this will extend the reach and
lead new followers to discover ANHS through social media. This practice is referred to as a "call to action".
Every time someone shares a post, the museum’s content is presented to a whole new audience. Ask
questions of your audience to encourage engagement. An example might be, do you know why we carefully
control the temperature and humidity in the museum? Allow time for responses and acknowledge them.
As museum professionals staff possess unique skills and expertise that can be shared with the public. Talk
about why different objects are stored in different ways. For example, explain why you store the museum’s
quilts on rolls. Demonstrate how to make a customized storage envelope for a document or explain why
acid-free materials are used.
Provide opportunities for the public to share their collections or a special possession and ask questions about
its care and storage. They could submit them by email or through social media. This could become a weekly
segment as a post or a live video.
Allowing the public to engage with the collection management project will make them feel a part of the
process. They will gain a greater understanding of the work staff do and its overall importance to Annandale
National Historic Site and by extension the Town of Tillsonburg.
Annandale National Historic Site’s use of collection management
software PastPerfect presents an opportunity for robust community
engagement online. Recognizing that only 2.5% of the collection is
accounted for in the system, there is a good deal of work to be done but
the process lends itself well to social media posts. As artifacts are
catalogued into the system, they are photographed resulting in a
digitized file of the artifact.
Highlighting artifacts in the collection through social media not only
demonstrates the diversity and scope of the collection but also
presents an opportunity to share the stories attached to them. These
posts lend themselves well to the “call to action” engaging audiences.
It is also an opportunity to encourage donations of artifacts to build the
collection ensuring the preservation of Tillsonburg’s past.
Increasing exposure to the collection can be realized. PastPerfect
offers a Web Edition that allows subscribers to share their collections
online through a searchable database. This is available as an upgrade
to current PastPerfect users for an annual hosting fee.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 14
M u s e u m C o l l e c t i o n
Page 336 of 405
.
We provide investment of $15,000 to $250,000 for online projects by Canadian museums and heritage
organizations that engage their audiences.
We help organizations build digital capacity by providing support and leadership.”
Another option is to apply to the Digital Museums Canada program. They are the largest funding program to
assist museums with creating online content. It is important to keep in mind that matching municipal funding
is required.
Digital Museums Canada website reads:
“We believe in the power of great content and digital technologies to connect with and inspire people.
Staff should study the eligibility requirements of this funding program and subscribe to receive notification of
its annual call for proposals. Digital Museums Canada provides many online resources to assist potential
applicants plan and prepare for their application. This funding opportunity could significantly increase the
ANHS’s digital presence.
A podcast is an audio program that can extend the museum’s
reach. They can range in length and can include one person to
several. As they are audio-only, they can be created with little
financial outlay. As with any of these approaches a strategy is
recommended. Staff should determine what they are trying to
achieve through the podcast.
Museums are well-positioned to present content that is original
and engaging. Storytelling is an inherent part of museum work.
Stories are told through exhibits, during tours, education
programs and even events. Podcasts are an extension of this
concept.
To quickly develop a podcast, staff should consider what
stories they know well enough to tell without too much
research or preparation. The Annandale National Historic Site
lends itself to a number of engaging topics that could be
explored through a podcast such as the aesthetic art
movement, architecture, Tillson family, objects in the collection,
Town of Tillsonburg, or the building restoration project. Staff
are well versed in these areas and they could easily create a
podcast that is informative and entertaining. Each of the
proposed topics could be turned into a series. Inviting others to
participate, adds to the podcast experience for listeners by
offering a variety of perspectives. Podcasts can take a
conversational or scripted delivery approach.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 15
P o d c a s t s
Page 337 of 405
With the likelihood of the global pandemic
continuing for the foreseeable future and the
corresponding change in the public’s behaviour,
staff should implement a blended approach to
programming.
Whenever possible, staff should integrate both an
in-person and digital component. Exhibits lend
themselves to both approaches and both have
merit. The online exhibit could duplicate the in-
house experience or be an extension of it by offering
supplementary information not presented in the
main exhibit. If using the latter approach, the onsite
exhibit will require prompts to direct visitors to the
online material.
Program
Delivery
Methods
I M P L E M E N T A B L E N D E D A P P R O A C H T O P R O G R A M M I N G
V i r t u a l T o u r s
Virtual tours of the Annandale National Historic Site
hosted online would allow the public to tour the site
from the comfort of their own home. An “app” could
be developed that would allow the public access to
tours of Annandale House anytime from their mobile
devices.
Alternately, tours could be pre-recorded or live and
posted to social media and the museum’s website.
This online experience could tour the Pratt Gallery
and the exhibits installed there. Virtual tours of
Annandale House should be offered. Live virtual
tours allow staff to interact with followers/visitors in
real-time. These tours should be scheduled on a
regular basis. For example, schedule tours on the
first Wednesday of every month with a focus on a
different theme to encourage repeat views from
followers. These tours could offer a value-added
component such as a hands-on activity that
expands on the tour’s theme.
Page 338 of 405
Staff should explore ways to adapt current in-person programming such as the Lunch and Learns and
education programs to a digital format. There are many video conferencing services that lend themselves
well to this type of presentation that allow interaction between the hosts and the audience.
Explore opportunities for community partnerships and collaborations by finding ways to host joint events.
These shared synergies increase the capacity for all involved parties.
Participating in a variety of local, provincial, national and international movements such as Culture Days,
Ontario Heritage Week, Music on the Porch is a great way to connect with other cultural colleagues and
present programming to the public that is part of a broader experience.
Annandale House presents the opportunity to provide a truly unique visitor experience. To do this museum
staff need to consider creative ways to present the house and its many stories to engage the public.
Annandale House is the perfect setting for hosting original and interactive in-person events. These events
would involve only a limited number of participants to comply with COVID-19 safety protocols.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 17
E v e n t s a n d E d u c a t i o n P r o g r a m m i n g
Hosting a special dinner party on site is one
such event. The museum could involve
community partners such as a local restaurant
to cater the meal. Local musicians or theatre
company could provide entertainment
throughout the evening. Actors taking on the
roles of the Tillson family could host the dinner
regaling participants with stories of their life in
the house, transporting participants to an
earlier time. This event could be easily
adapted to an online offering with participants
picking up their meal at a partnering local
restaurant and providing entertainment
virtually.
Page 339 of 405
There are a number of opportunities to promote Annandale National Historic Site beyond the walls of the
museum.
Gateway signage at the entrances of the Town of Tillsonburg should be improved to announce the presence
of ANHS along with a wayfinding system encompassing creative signage and maps visually connecting them
to the site.
Annandale National Historic Site is located on Tillson Avenue a busy thoroughfare in the Town of Tillsonburg.
The exterior museum signage was offsite undergoing refurbishment during our site visits but was described
by staff. The addition of a LED ticker display, similar to the one in Tillsonburg’s downtown core, would be an
easy and effective way of promoting museum events and information to the passing public, taking advantage
of its high traffic location.
As stated earlier, the cultural sector recognizes that going forward that some members of the public may be
hesitant to gather indoors so an interpretive plan for the property provides a unique opportunity to reach an
expanded local audience. The property itself is an underutilized asset and can act as both an effective
marketing and program delivery tool in response to COVID-19.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 18
B e y o n d t h e W a l l s
Interpretive panels that illustrate the history of the Annandale National Historic Site and the Town of
Tillsonburg should be installed in strategic spots throughout the property. These storyboards would
encourage the public to wander the property and learn more about the site without having to enter the
building. These would also act as an introduction to the site for those who do choose to visit the museum.
The Annandale National Historic Site property has a
long and storied connection to the Town of Tillsonburg.
It is situated on a large, picturesque corner lot which
has a great deal of potential that should be leveraged in
new and non-traditional ways.
ANHS possesses a rich archival collection that includes
many photographs and papers related to the history of
the site, the Tillson family, and the Town of Tillsonburg.
It also has photographs that illustrate the extensive
restoration the building underwent and photographs
depicting the interior of Annandale House. The archival
material should be incorporated into the interactive
panels.
Page 340 of 405
.
In response to the global pandemic, there is an opportunity to install temporary exhibits in spaces throughout
town such as local businesses and schools where people are already congregating.
Approaching local businesses and organizations to host exhibits will increase the capacity of Annandale
National Historic Site.
These “pop-up” exhibits could be a unique, self-contained exhibit or could act as a “teaser” or promotion of an
exhibit available online or onsite at Annandale National Historic Site. A small exhibit installed in a school
classroom could be augmented with a museum-generated curriculum-based education program with staff
delivering the program virtually through Zoom or a similar platform that allows “live” interaction with
educators and students.
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 19
O u t r e a c h
Storyboards that tell the story of the extensive restoration the building underwent accompanied by floor
plans and photographs of the interior would afford visitors the visual experience of touring the house
without entering the building.
The storyboards could be augmented with an audio guide. Audio guides provide pre-recorded
information and context that adds to the visitor’s appreciation of the material they are viewing. Audio
guides are compact, portable, and easily customisable and can be delivered through an app or a
dedicated device that the museum rents out to users.
By tailoring content, the museum can meet the demands of all visitors from children to adults as well as
offer audio tours in other languages. Working with a local theatre organization could lead to entertaining
and creative audio content.
The storyboard initiative is one that lends itself to partnering with community organizations and
businesses to assist with the cost of the boards. This could be achieved through a cost-sharing initiative
or by offering sponsorship opportunities.
Temporary outdoor exhibits could be investigated to augment the exhibit on display inside the museum
or could tell a different story. Hardware could be designed and manufactured allowing the easy
exchange of large exhibit panels. Exterior lighting focussed on the exhibit panels would extend the
amount of time the exhibit could be viewed and would generate additional attention to the site.
The 1988 addition at the north end of the museum presents a unique programming opportunity. The
exterior walls are light in colour and flat. This surface makes a potential “screen” for presentations during
the summer months including Lunch and Learns, movies, and other. This approach would allow people
to participate in-person by presenting what is traditionally an indoor activity outside leading to a greater
level of comfort and feeling of safety on the part of the participants.
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It is recognized that this new approach to marketing
and program delivery will require significant staff
time and resources to pivot and implement. This will
require the commitment of Council, senior
management, the Museum Advisory Committee,
and staff.
To roll out these new initiatives, staff will need to
realign operations. An example might see staff
installing fewer temporary exhibits each year and
dedicate some of this staff time to community
outreach or the digital marketing strategy.
Incorporating a digital marketing strategy is a key
component that must be implemented. It will
improve the Annandale National Historic Site’s
online presence and lead to a larger market and
increased brand recognition. Throughout
implementation and beyond, continued
engagement with social media users, community
stakeholders, members, volunteers, and sponsors is
encouraged.
Annandale National Historic Site has unlimited
potential to reimagine its goals and its impact on the
community. Through a willingness to realign
ANHS’s current operational model and employ a
creative and blended program delivery approach,
the Town of Tillsonburg ensures future success and
sustainability of Annandale National Historic Site.
Summary
P I V O T A N D I M P L E M E N T
Page 342 of 405
.
Reconnecting Ontarians: Re-emerging as a Global Leader (gov.on.ca)
Ontario COVID-19 Response Framework: https://www.ontario.ca/page/covid-19-response-framework-
keeping-ontario-safe-and-open#restrict
Digital Museums: https://www.digitalmuseums.ca/
Instagram Business: https://business.instagram.com/
Facebook Business Manager: https://business.facebook.com/
Museum Social Media Managers: https://www.facebook.com/groups/musesocial
Hootsuite: https://www.hootsuite.com/
Culture Days: https://culturedays.ca
Doors Open Ontario: https://doorsopenontario.on.ca
Ontario Museum Association: https://members.museumsontario.ca
Canadian Museum Association: https://www.museums.ca/
National Heritage Trust: https://nationaltrustcanada.ca/
AN NAN DALE NA T I ON AL HISTORIC SITE: MARKET ING & PROG RA M DE LIV ER Y STRATEGY 202 1 PA GE 21
R e s o u r c e s f o r S t a f f
Page 343 of 405
Annandale National Historic Site
30 Tillson Avenue
Tillsonburg, ON N4G 2Z8
Town of Tillsonburg
200 Broadway
Tillsonburg, ON N4G 5A8
Page 344 of 405
The Corporation of the Town of Tillsonburg
Memorial Park Revitalization Advisory Committee
March 17, 2021
5:30pm
Electronic meeting
MINUTES
Attending: Rosemary Dean, Joan Weston, Terry Smith, Eugene Todd, Scott
Vitias, Mel Getty
Regrets: Ken Patterson, Mike Cerna, Kim Sage, Chris Rosehart, Jane Ann
McLean
Staff: Christopher Baird, David Drobitch, Karen Keller, Cephas Panschow,
Margaret Puhr
1. Call to Order 5:37pm
2. Adoption of Agenda
Proposed Resolution #1
Moved by: Joan Weston
Seconded by: Eugene Todd
THAT the Agenda as prepared for the Memorial Park Revitalization Advisory
committee meeting of March 17, 2021, be adopted.
3. Disclosures of Pecuniary Interest and the General Nature Thereof
4. Minutes of the Previous Meeting
Proposed Resolution #2
Moved by: Joan Weston
Seconded by: Mel Getty
THAT the Memorial Park Revitalization Advisory Committee Minutes of November
18, 2020, be adopted.
5. Presentations/Deputations
5.1. Marketing Department – wayfinding signage – signage was last installed
2012 and since then some issues were identified and town branding changed.
This committee is the first to see the new proposed signage which involved a
long process of development. Karen Keller developed this signage and
presentation. The next steps involve presenting to the managers, other
committees and council.
Joan commented that there is a need for a sign to lake Lisgar and boat ramp –
Karen indicated that there is a sign proposed for the lake that wasn’t on this
Page 345 of 405
specific presentation. Also the Great Trail/Trans Canada Trail from Fourth Street
access to the trail.
Chris noted that there is a trail head at Fourth street that will be expanded by the
new developments. There is money in the budget for trail signage, so this will
dovetail with the marketing department. Also suggest ed replacing the skatepark
sign with Fairgrounds, for those traveling by car.
Cephas suggested using differentiation between the Lake Lisgar Waterpark and
Lake Lisgar. For example Waterpark and Lake Lisgar.
The committee and the director will further develop signage within the Memorial
Park are following this template. Scott would like to add the outdoor pad to the
signage.
6. General Business & Reports
6.1. Staff update – Chris introduced Dave Drobitch who started last week as the
Parks and Facilities Manager; Dave comes with great experience and we are
glad to have him on board. Dave introduced himself to the committee. Dave is
very impressed with the Master Plan for the Memorial Park and the work of this
committee.
6.2. Community Healthy Initiatives Grant application – there are many grants
coming available and this new initiative is a 35M investment from the federal
government as part of COVID recovery. Our parks and trails have been busy
over the past year. This became available on short notice last week, Chris
prepared the report to council which was approved and application submitted for
a covered outdoor fitness area. The proposed area is in Memorial park near the
bridge, on East side, along the walking path. This would be additional asset in
the Memorial Park. The community centre could also use this for outdoor fitness
classes, other groups could use it for training. The committee will be updated
when there is a response. This is 100% funded project, no matching fund
requirement from municipality. Tillsonburg applied for $150,000.00.
Master Plan report card review – this represents the accomplishments of the
committee as of March of this year, the committee has done a lot of work. There
is money in the new budget for parking ($25,000), playground ($75,000),
improvements to dog park ($6,000), signage at parks ($4,000) and $35,000 that
was going to be used to finish the new parking lot but will be instead used to
sports fields enhancements – these are ideas for the committee to review along
with the report card for the next meeting. Additionally, Courtland Garden
celebrating their 20th anniversary and donated 20 trees to be planted in
Memorial Park. They will be planted along the path on East side of the park.
Scott would like to know if there will be trees planted around the diamonds – will
meet with Dave and Chris on-site to review what and where.
Joan noted the memorial stones along the lake – some have been lifted, but
many still need work.
Mel would like some flowerbeds and beautification in the park near the
diamonds and paths, along with trees.
Page 346 of 405
Eugene noted that when beautifying, make sure they are not in areas where
they may damaged by children and other activities.
7. Next Meeting – April 21
8. Adjournment
Proposed Resolution #2
Moved by: Joan Weston
Seconded by: Scott Vitias
THAT the March 17, 2021 Memorial Park Revitalization Advisory Committee
meeting be adjourned at 6:36 p.m.
Page 347 of 405
SOURCE PROTECTION AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
1
LONG POINT REGION SOURCE PROTECTION AUTHORITY
Meeting Minutes of December 2, 2020
Approved April 7, 2021
Members in attendance: Dave Beres, Robert Chambers, Michael Columbus,
Valerie Donnell, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John
Scholten and Peter Ypma
Staff in attendance: Judy Maxwell, Aaron LeDuc, Ben Hodi and Dana McLachlan
Regrets: Kristal Chopp and Ken Hewitt
1. The meeting was called to order at 6:15pm.
2. Additional Agenda Items: none
3. Disclosures of Conflicts of Interest: none
4. Approval of Minutes:
No questions or comments.
SPA- 8/20
moved: R. Chambers
seconded: T. Masschaele
THAT the minutes of the Long Point Region Source Protection Authority held
June 3, 2020 be adopted as circulated.
CARRIED
5. Business Arising: none
6. Correspondence: none
7. New Business
a) Source Protection Committee Amended Rules of Procedure
The purpose of the proposed changes to the Lake Erie Region Source Protection
Committee (SPC) is to permit electronic meetings at any time as deemed
necessary by the committee. The amendment was passed by the SPC on
October 2, 2020. It was recommended that the four Source Protection Authorities
within the Lake Erie Region also approve the amendment.
Page 348 of 405
SOURCE PROTECTION AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
2
SPA- 9/20
moved: J. Scholten
seconded: R. Chambers
THAT the Long Point Region Source Protection Authority approves the proposed
amendments to the Lake Erie Region Source Protection Committee’s Rules of
Procedure.
CARRIED
The meeting was adjourned at 6:20pm.
Michael Columbus Dana McLachlan
Chair Administrative Assistant
Page 349 of 405
FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 1 -
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Annual General Meeting Minutes of March 5, 2021
Approved April 7, 2021
The Board of Directors Annual General Meeting was held via videoconference, on Friday, March 5,
2021 pursuant to section C.9, of the LPRCA’s Board of Directors Administrative By-Law.
Members in attendance:
Michael Columbus, Chair Norfolk County
John Scholten, Vice-Chair Township of Norwich
Dave Beres Town of Tillsonburg
Robert Chambers County of Brant
Tom Masschaele Norfolk County
Stewart Patterson Haldimand County
Peter Ypma Township of South-West Oxford
Regrets:
Kristal Chopp Norfolk County
Valerie Donnell Municipality of Bayham/Township of Malahide
Ken Hewitt Haldimand County
Ian Rabbitts Norfolk County
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Ben Hodi, Manager of Watershed Services
Debbie Thain, Supervisor of Forestry
Zachary Cox, Marketing Coordinator / AV Administrator
Dana McLachlan, Administrative Assistant / Recording Secretary
1. Welcome and Call to Order
Chair, Michael Columbus, called the meeting to order at 1:30 p.m. and read the
following statement.
Board members, staff, guests and members of the public are advised that this
meeting is being video/audio recorded and live-streamed through the LPRCA
YouTube channel. As such, comments and opinions expressed may be
published and any comments expressed by individual Board members, guests
and the general public are their own, and do not represent the opinions or
comments of the Authority and/or the LPRCA Board of Directors.
The recorded video of the Full Authority meeting is not considered the official
record of the meeting. The official record of the Full Authority meeting shall
consist solely of the Minutes approved by the Full Authority.
Page 350 of 405
FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 2 -
2. Declaration of Conflicts of Interest
None were declared.
3. Additional Agenda Items
There were no additional agenda items.
4. Minutes of the Previous Meeting
a) Board of Directors Meeting of February 3, 2021
There were no questions or comments.
A-24/21
Moved by J. Scholten
Seconded by P. Ypma
That the minutes of the Board of Directors Meeting held January 13, 2021 be adopted
as circulated.
Carried
5. Business Arising
There was no business arising from the previous minutes.
6. Chair’s Remarks
The Chair thanked the municipal partners, members and staff for their support during a
very difficult year. The 2020 COVID-19 pandemic proved challenging as many were
required to work remotely. Despite the challenges LPRCA maintained essential
operations.
Milestones of 2020 included the 20-year (2020-2039) Forest Management Plan, the
updated Lake Erie Hazard Mapping and Risk Assessment, the launch of a new website,
the first Memorial Forest Dedication virtual service and video, and the continued
investment in park infrastructure.
7. Audit and Finance Committee
The Chair called upon Dave Beres, Chair of the Audit and Finance Committee to
present the committee report.
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FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 3 -
After introducing Ashley Didone, Audit Partner of MNP, Audit and Finance Committee
Chair Beres reported that the Committee met February 19, 2021 and received and
reviewed the financial statements in detail. MNP issued a clean opinion of the
Authority’s 2020 financial reports and found that the financial statements fairly
presented the Authority’s position.
A–25/21
Moved by T. Masschaele
Seconded by S. Patterson
THAT the minutes of the LPRCA Audit and Finance Committee’s meeting held
February 19, 2021 be adopted as circulated.
Carried
A–26/21
Moved by P. Ypma
Seconded by J. Scholten
THAT the LPRCA Board of Directors approves the financial statements for the year
ended December 31st, 2020 prepared by MNP, LLP, Chartered Accountants.
Carried
A–27/21
Moved by J. Scholten
Seconded by T. Masschaele
THAT the LPRCA Board of Directors approves the appointment of MNP, LLP
Chartered Accountants as LPRCA’s auditors for the 2021 fiscal period.
Carried
8. Notice of Formal Motions
a) Designate Signing Officers
A-28/21
Moved by D. Beres
Seconded by R. Chambers
That the LPRCA Board of Directors approves the Chair, Vice-chair, General Manager
and Manager of Corporate Services as designated signing officers for Authority
business for the year 2021.
Carried
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FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 4 -
b) Borrowing
A-29/21
Moved by R. Chambers
Seconded by P. Ypma
That the LPRCA Board of Directors authorizes the Chair or Vice-Chair and the General
Manager or Manager of Corporate Services to borrow funds as required for the day-to-
day operations of the Authority.
Carried
c) Designate Conservation Ontario Council Representatives
A-30/21
Moved by D. Beres
Seconded by R. Chambers
That the LPRCA Board of Directors designates the Authority Chair as the Authority’s
representative to Conservation Ontario (CO), with the Vice-Chair designated as
alternate, and further that the General Manager be directed to participate on appropriate
committees of CO, and be authorized to vote in the absence of the designated
representatives.
Carried
d) Lee Brown Marsh Management Committee Members Remuneration
A-31/21
Moved by J. Scholten
Seconded by S. Patterson
That the LPRCA Board of Directors authorizes all members appointed to the Lee Brown
Committee from the Community at Large be deemed to be Authority members for the
purpose of receiving remuneration for their services on the same basis as regular
members of the Authority for 2021.
Carried
9. 2020 Committee Reports
a) 2020 Annual Report
The GM presented the 2020 annual report and provided an overview of the year’s
activities. The COVID-19 pandemic impacted how staff interacted but not their dedication to
LPRCA essential services. The Planning department issued 296 permits, the Flood
Forecasting and Warning department issued 23 flood messages, and many safety protocols
were developed to open the campgrounds safely, once allowed, in June.
Page 353 of 405
FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 5 -
The GM thanked staff, the board, municipal partners, the various community partners
and customers for their support during this challenging year.
10. Stewardship Award Presentation
Mike O’Dwyer was select as the recipient of the 2020 Long Point Region
Conservation Stewardship Award. Mike was nominated by ALUS Norfolk and he has
been a member of ALUS since 2008. Mike’s conservation efforts on his farm consist
of wetland creation and planting over 28,00 trees.
Mr. O’Dwyer thanked LPRCA for the recognition and award. He said that it was nice
to work with groups such as LPRCA and ALUS who work in cooperation with the land
owners and each other.
11. Roger Geysens Service Recognition
Roger Geysens retired from municipal council in 2020 after a long career as a
councillor in Norfolk County.
As a Norfolk County appointee, Mr. Geysens served on the LPRCA Board of Directors
for 17 years from December 2003 to November 2020. Along with sitting on various
LPRCA committees over the years, Mr. Geysens took on the role of Board Chair from
2012 through 2014.
Roger was thanked and congratulated for his years of dedication and service and he
was wished a very happy retirement.
12. Service Awards Presentation
The following board members and staff were recognized for reaching service
milestones with LPRCA this past year.
Sarah Dancey, Norfolk Conservation Area Supervisor 5 years
Joanne Letarte, Backus Heritage Conservation Area Maintenance 5 years
Carolyn Jacques, Accounting and Administration Supervisor 10 years
Doug Wingrove, Deer Creek Conservation Area Supervisor 10 years
Dave Beres, Director 10 years
Mike Columbus, Board Chair 10 years
13. Development Applications
a) Staff Approved applications
Staff approved 11 applications since the last meeting February 3, 2021. Due to the
continued high lake levels, shoreline protection upgrades, and raising and floodproofing
dwellings and cottages continued to be completed within the watershed. LPRCA-13/21,
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FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 6 -
LPRCA-15/21, LPRCA-16/21, LPRCA-17/21, LPRCA-18/21, LPRCA-19/21, LPRCA-
22/21, LPRCA-27/21, LPRCA-28/21, LPRCA-29/21 and LPRCA-30/21.
All of the staff approved applications met the requirements as set out in Section 28 of
the Conservation Authorities Act.
A-32/21
Moved by J. Scholten
Seconded by T. Masschaele
That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation
Applications report dated February 23, 2021 as information.
Carried
b) New applications
The Planning Department staff recommended three applications for approval. All three
meet LPRCA policies.
A-33/21
Moved by P. Ypma
Seconded by S. Patterson
THAT the LPRCA Board of Directors approves the following Development Applications
contained within the background section of this report:
A. For Work under Section 28 Regulations, Development, Interference with
Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O.
1990 Reg. 178/06),
LPRCA-24/21
LPRCA-25/21
LPRCA-31/21
B. That the designated officers of LPRCA be authorized to complete the approval
process for this Development Application, as far as it relates to LPRCA’s
mandate and related Regulations.
Carried
14. New Business
a) Ecological Survey for Selected LPRCA Properties
Ecological surveys are completed on LPRCA properties prior to forest management
activities as part of the 5-year Forest Management Operating Plan. These surveys are
contracted out and conducted annually. This year five properties are scheduled for
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FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 7 -
ecological surveys.
Requests for quotes were prepared and emailed to five consultants that specialize in
Ecological Surveys. Three quotes were received and staff recommended to accept the
quote from the lowest bidder, Natural Resource Solutions Inc.
A-34/21
Moved by D. Beres
Seconded by T. Masschaele
THAT the LPRCA Board of Directors approves the proposal submitted by Natural
Resource Solutions Inc. to conduct ecological inventories of identified Conservation
Authority properties – totaling 380.29 Acres/153.90 Hectares, encompassing 5
properties for a total submitted bid of $19,350 plus HST.
Carried
b) Timber Tender LP-336-21 Harris-Floyd – Block 2
The Harris-Floyd – Block 2 Tract is located in Houghton Township. Three bids were
received by the deadline and staff recommended the tender be awarded to the highest
bidder.
A-35/21
Moved by J. Scholten
Seconded by R. Chambers
THAT the LPRCA Board of Directors accepts the tender submitted by Townsend
Lumber Inc. for marked standing timber at the Harris Floyd Tract – Block #2– LP-333-21
for a total tendered price of $101,821.
Carried
c) Vehicle Tender
As per the approved 2021 budget, two new ½ ton 4x4 pickup trucks were tendered to
replace two aging fleet trucks. Documents were forwarded to ten vendors and three
bids were received by the deadline. Staff recommended the tender be awarded to the
lowest bidder.
A-36/20
moved: P. Ypma
seconded: R. Chambers
That the LPRCA Board of Directors accepts the tender submitted by Stauffer Motors
for two new 2021 Ford F-150 4x4 Regular Cab Pickup Trucks for $76,564.
Carried
Page 356 of 405
FULL AUTHORITY COMMITTEE MEMBERS
Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma
- 8 -
d) 2021 Spring Restoration Tender
The Healthy Watershed Department undertakes landscape restoration, native
groundcover establishment and tree planting activities annually. Tree-planting is
contracted out annually and three bids were received by the deadline.
Staff recommended to accept the lowest bid.
A-37/21
Moved by T. Masschaele
Seconded by J. Scholten
THAT the LPRCA Board of Directors approves the tender received from TRITREE
Reforestation for a total of $19,054.82 (taxes included) to plant 34,484 trees for LPRCA’s
Spring 2021 Restoration contract.
Carried
e) Waterford North Conservation Area Phase 3 Electrical Tender
Phase 3 will complete the electrical installation and upgrades at Waterford North CA.
This phase includes the addition of 52 water and electrical sites bringing the total of
serviced sites at the park to 108.
Two bids were received by the deadline and staff recommended to accept the lowest
bidder.
A-38/21
Moved by S. Patterson
Seconded by T. Masschaele
THAT the LPRCA Board of Directors accepts the tender submitted by Darlington Wiring
& Plumbing Ltd. for the Waterford North Conservation Area Phase 3 Campsite Electrical
Upgrades for a bid price of $50,642.70 plus HST.
Carried
14. Adjournment
The Chair adjourned the meeting at 2:20 p.m.
Michael Columbus Dana McLachlan
Chair Administrative Assistant
Page 357 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to authorize an agreement of purchase and sale with John Peters.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of
purchase and sale for lands described as the East part of Block 88, Plan 41M-139, and
to be described by a new reference plan.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the authorization is hereby given for the sale of those lands
described as the East part of Block 88, Plan 41M-139, and to be described by a
new reference plan, 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 12th day of APRIL, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of APRIL, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 358 of 405
Page I i
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
JOHN PETERS
(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 8.91 per square foot. The estimated area
of the Property is 578 square feet and the estimated total Purchase Price is Five Thousand,
One Hundred and Fifty Dollars ($5,150). 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) One Thousand Dollars ($1,000.00) deposit is payable by the Purchaser by certified
cheque upon Acceptance of this Agreement, to be held on an interest free basis by the
Solicitor for the Vendor as a deposit pending completion of this transaction on account
of the Purchase Price on completion, or if this Agreement is not completed through no
fault of the Purchaser, the deposit shall be returned to the Purchaser; and
(b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor
on the Completion Date, by certified cheque or bank draft.
SECTION II • PURCHASE OF PROPERTY
4. Irrevocable Date
(a)
(b)
This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m.
on the 161h day of April, 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.
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 lniti~ Seller's Initials __ _
Page 359 of 405
(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. DeedfTransfer
(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 on May 20, 2021, 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 29, 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 Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and
that it must satisfy itself by April 29th, 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 claims against the Vendor in respect of any environmental
liabilities on the Property. The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in the
preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with
the Property, it shall deliver written notice to that effect to the Vendor by no later than
the time specified herein, and this Agreement shall be terminated and the deposit shall
be returned to the Purchaser without interest or deduction. If the Vendor is notified
that the condition of the Property is not satisfactory, then the Purchaser shall, prior to
receiving its deposit monies back and prior to being entitled to a full release from the
Vendor with respect to this Agreement, restore the Property to its original condition as
it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole
expense. If the Purchaser fails to deliver written notice to the Vendor within the time
specified herein regarding this condition, this condition shall be deemed to have been
waived by the Purchaser.
10. Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedules "A" and "B".
11. Investigation by the Purchaser
Buyer's Initial~ Seller's Initials __ _
Page 360 of 405
(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.
18. geyele,:iR'leAt CeYeAaAts aAa PlestFistieAs
(e) Tl:le PFe,:ier:ty sl'lell l:Je e1::11:Jjeet te tl'le eleYele,:iR'leAt ee•reAeAte eAa restrietieAs F!'lere
,:iertie1::1lerly set e1::1t iA Sel'lea1::1le "g" etteel'lea te tl'lie APS, wl'liel'l el'lell e1::1FYi're tl'le
eeFRJ3letieA ef tAis treAseetieA &RS rwR 'a¥itA ti=te PreJ3eRy. TRe 8e'ieleJ3FRSAt eeveAaRts
eAa FestFistieAs sl'lall l:Je FesisteFea eA title l:Jy tl;ie VeAaeF. IA tl'le eYeAt tl'lat tl'le saia
ee•reAaAts aAa FestFietieAS eFe Aet FS!!liSteFea SA title te tl'le PFe,:ier:ty SA SF l:JefeFe
eleeiA!!I, tl'le P1::1Fel'laseF eeYeAaAts aAa asFees te eeAseAt te tl'le FesistFatieA ef tl'le
eeYeAaAts aAa reetrietieAe after eleeiA!!I.
16. Property Not for Resale
(a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the parcel with the Purchaser's adjoining property 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 agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable notice
to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance and
complete the purchase or to cancel the APS and have all the deposit monies paid to
the Vendor returned together with all interest earned thereon without deduction.
SECTION V ·COMPLETING THE TRANSACTION
Buyer's lnitia¢ Seller's Initials __ _
Page 361 of 405
19. Deedffransfer
(a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of
the Purchaser 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, at the Purchaser's expense, is 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 May 13th, 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 registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any and
all liens, chattel mortgages, assignments or any other security interest given by the
Vendor against its personal Property.
25. Adjustments
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates
shall be apportioned and allowed to the Completion Date, the day itself to be
~pned to the Purchaser.
Buyer's Initial~ Seller's Initials __ _
Page 362 of 405
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 relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
SECTION VI -MISCELLANEOUS
28. Entire Agreement
Seller's Initials __ _
Page 363 of 405
(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
ATTENTION: Patrick J. Kraemer
45 Erb Street West
Waterloo, ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
DENNIS ORORJAN Barrister & Solicitor
ATTENTION: Dennis Odorjan
37 Harvey Street
Tillsonburg, ON N4G 3J7
Fax: (519) 842-6091
If mailed, such notices must also be given by facsimile transmission on the date it was
so mailed. If so given, such notices shall be deemed to have been received on the first
business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to this
APS with the Vendor's written approvaL which shall not be unreasonably withheld.
including assignment to another corporation with the same shareholders as the
Purchaser. Subject to the restrictions in the preceding sentence, the Vendor agrees to
engross the Transfer/Deed of Land as directed by the Purchase on the completion Date
as the Purchaser may elect, and the Vendor agrees to complete the transaction
contemplated by this APS on the Completion Date with such assignee or nominee. The
Purchaser is released from all liability hereunder, if it assigns its interest in this APS.
This Agreement shall be binding upon the parties hereto and their respective
successors and assigns.
34. Schedules
(a) _~_?wing Schedules shall form an integral part of this Agreement:
Buyer's Initial~ Seller's Initials __ _
Page 364 of 405
(i) Schedule "A" Description of the Property;
(ii) Schedule "B" Conditions;
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.
Seller's Initials __ _
Page 365 of 405
IN WITNESS WHEREOF the Purchaser has executed t hi s Agreement:
Dated at -~'~'"~~~Y-'.'!Ci,.....~~')--' Ontario this ~ \ day of _\Y\~o~'~C~~-· 2020 .
Pee ~
Na ~~
Title :
Name :
Title :
I/We have authority to bind the Corporation .
The Ve ndor hereby accepts this Agre ement according to its te rms.
Dated at Tillsonburg , Ontario this :3i ( day of fVl. grc.J, , 20 2 1.
IN WITNESS WHEREOF the Vendor has e xecute d this Agreement:
The Corporation of the Town of
Tillson burg
Ste ph e n Molna r
Mayor
Michelle Smibert
Cl erk
W e have a uthority to bind The Co rpora tion
of th e Town of Tillsonburg .
S e ll er's Initi als __ _
Page 366 of 405
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 a portion of Block 88, Plan 41 M-
139, and to be described by a new reference plan:
............ N7e•n•!WE 11
148.0i? 5.18
<+ TRILLIUM
,'b N 79•37'5o"E ~
27.5l ZJ,50 27.50 27.50 0
3 3 • z • • "oo <t ~ R 9
10 o S?o --,.. fl .-,.. 10 "t11": I I N • 12 lJ N • N IO II') N IO N~
• t. .. !.. Ill !.. II') BLOC ~:: --·~' --N z z z .. z 87 ~ N78•37'5d°E' ~ 110.02 0 IO 0
Z7.llZ ,lb 27.llO Z7.50 !ft 27.50 86 "l<I' Ill
l'J•
,<?J ;i: ,..0 IQ ~ 17.02 23.Z5 23.25 ,'<:> 23.25 ~ '2
,.. !::
• !i.24 31 11 s !S ,.. 'o o 'o 'o ·o -'41 -o -0 -0 N .-IO • Q) • Ill f>I~ !. Ill 17 N• 16 N • 15 N •
"' NII) NII) N IO 14 N It) 13 i !. "' ... !.. "' ,_ "'
i i i l!! r--.
3.00
22.29 23.25 2!M?5 2U!I 23.25 35.00
1n'f •• -0. N7R0 3T'5o"F .0. .fl .e 1'11.nn -z
Seller's Initials __ _
Page 367 of 405
SCHEDULE "B" -PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of
the following terms and conditions on or before , which terms and conditions
are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the
Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and
Agreement arising from the offer shall be at an end and all parties released from their
obligations:
(a)
Buyer's Initial~ Seller's Initials __ _
Page 368 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to authorize an agreement of purchase and sale with Margarita Janzen.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of
purchase and sale for lands described as the West part of Block 88, Plan 41M-139, and
to be described by a new reference plan.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the authorization is hereby given for the sale of those lands
described as the West part of Block 88, Plan 41M-139, and to be described by a
new reference plan, 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 12th day of APRIL, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of APRIL, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 369 of 405
P a g e I
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
MARGARITA JANZEN
(the "Purchaser")
WHEREAS the Vendor is the owner, in fee simple , of the lands and premises described in Schedule
"A" (the "Property");
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows :
SECTION I -GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement .
2 . In consideration of the agreement referred to in the preceding paragraph , the Purchaser shall
pay to the Vendor a Purchase Price of Five Thousand One Hundred and Fifty ($5, 150)
Dollars. The e stimated area of the Property is 578 square feet.
3 . The Purchase Price shall be paid as follows:
(a) One Thousand Dollars ($1 ,000.00) deposit is payable by the Purchaser by certified
cheque upon Acceptance of this Agreem e nt, to be held on an interest free basis by
th e Solicitor for the Vendor as a depos it pending completion of this transaction on
account of the Purchase P rice on compl etion , or if this Agreement is not com pleted
through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and
(b) the balance of the Pu r chase Price , subject to adjustments , shall be pa id to the
Vendor on the Completion Date , by certifi e d c heque or ban k draft.
SECTION II -PURCHASE OF PROPERTY
4. Irr e vocable Date
(a ) T hi s A PS s h a ll be irre vo ca bl e a n d o pe n for acce pta n c e b y t he V en dor u ntil 6 :00 p .m .
on the 15th d a y of A pri l, 2021 ("A cce pta n ce"), a nd wh e n a c cepte d s ha ll const itute 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 ) Acce pta n ce shall mea n t h e date upon whi ch th e M a yor a nd Cl e rk of th e T own of
T ill s on b u rg, or s uc h oth e r pe rsons a s the V e ndo r m ay a uthor ize from ti m e t o tim e,
sig n a n d e x e c ute thi s APS s ubs e q u e nt to t he require m e nt t h at th e Counci l of T h e
Corporation of the T own of T illsonburg has passed a resolution or by-law authoriz ing
and approving the sale of the Property to th e Purchaser pursuant to the terms of this
APS.
(c) T he p a rt ie s agree a nd a c k n owle dge th at ne gotiatio n of thi s A PS is not a v alid a nd
bi nd ing a g re e m e nt u nt il a cce pte d b y th e C oun c il of T he Corpo rati o n of t he T own of
T ill s o n b u rg . T he C hief Admi n istrative Offi ce r of th e Tow n of T ill son b urg , o r h is o r h e r
Buyer's lnitials.2/l{) , Selle r's Initials __ _
Page 370 of 405
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 on May 20, 2021, 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 29, 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 Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is " condition
and that it must satisfy itself by April 29, 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 claims against the Vendor in respect of any environmental
liabilities on the Property . The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in th e
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 , re store the Property to its origin al
condition as it existed prio r to such testing or inspe ction by the Purchaser , at th e
Purchaser's sole expense. If the Purchaser fails to deliver written notice to the
Vendor within the time spe c ified herein regarding this condition, this condition shall be
deemed to have been waived by th e Purchaser.
10 . Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedules "A " and "B ".
11 . Investigation by the Purch aser
(a) Th e Purchase r ackn owl edges havin g in s pect ed th e Pro perty prior to executing th e
A PS and und e rst and s th at upon Acce ptance by th e V endor, and s ubj ect to any
.m ons herein , there shall be a binding agreement of purchase and sale between
Buyer's lnitialsV Sell er's Initials __ _
Page 371 of 405
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 prov ide 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 Resale
(a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the parcel with the Purchaser's adjoining property and not for the
purpose of resale of vacant land.
SECTION IV -PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) Th e Purchaser, its age nts and contractors shall be permitted to inspect th e Property
and any buildings as frequently as is re asonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insura nce
(a) Pend in g closing , th e Ve ndo r shall hold all in su rance polici es a nd th e procee ds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property . The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the depos it monies
paid to t he Vendor returned together with all inte rest ea rned thereon without
deduction .
SECTION V -COMPLETING THE TRANSACTION
19. Deed/Transfer
(a) T he Deed or Transfe r of the Property will be prepa red by the V endor at th e expense
of th e Purchaser in a form acce ptable to th e so licitors for the Purchaser and th e
Purc hase r will pay a ll Land Transfe r Tax, Harmon ized Sa les Tax and other cos ts in
CMnion with the registration of it.
Buyer's Initi als, Se ller's Initi als __ _
Page 372 of 405
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 , at the Purchaser's expense , is 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 May 13, 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 wh ich 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 Ve ndor agrees to obtain and register at its own expense , on or before the
Completion Date , a discharg e of all li ens, encumbrances , agreements and mortgages
now registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge , on or before the Completion Date, any
and all liens , chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property .
25 . Adjustm e nts
(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, mortg age, interes t , t axes, lo cal improve ments , water and as sessm ent
rates sha ll be apportion ed and allowe d to th e Compl etion Dat e, th e day its e lf to be
apportioned to the Purchaser.
26 . Deliveries by th e Vendo r To The Purchaser on Closing
(a) Th e V endor co ve nants and agrees to deliver to the Purchaser on th e Com pletion
Date, a ll such de live ri es to be a co ndition of th e Purchaser's oblig ati on to close thi s
trans ction, th e following :
Page 373 of 405
(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 autho rized officer of the Vendor stating that
accurateness and truthfulness of all of the representat ions and warran t ies ;
(iv) a Statutory Declaration by an authorized officer of the Vendor as to
possession of the Property in a form acceptable t o the solicitors for the
Purchaser;
(v) a Statutory Declaration by an autho rized 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 Ta x Act, R.S .C .,
1985, c. 1 (5th Supp.) as amended ;
(vi ) certified copies of all appropriate certificates , by -l aws and other documents of
Vendor authorizing the transa ction herein ; and
(vii) such further documentation and assurances as the Purchaser may reasonably
requ ire to complete the transaction contemplated by the APS.
27. Harmonized Sales Tax
(a) T he parties hereto acknowledge and agree that the transaction contemplated herein
is subject to the Harmonized Sales Ta x (HST) under the Ex cise 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 unde r the Act payable in connection with
the transfer of the Property t o th e Purchaser, or as it may direct , unless the Pu rchas er
or its nom inee , or its assignee, provid e s:
(i) a certificate on or before the Completion Date containing a representat ion and
wa rranty to the Vendor that:
(1) it is registered for th e purpose of the HST on t he 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 t o subsectio n 22 8(4) of the Act in connectio n with the
purchase of the P roperty ;
(3) the Property transf erred pursuant to th is A PS is be ing pu rchased by
th e Purchaser, or it s nomin ee or ass ig nee, as princip a l for it s 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 mad e to an individual for the
purpose of para gra ph 221 (2)(b) of th e A ct ;
(4) an ind em nity, in demnif yin g and savin g harmless th e V endor fro m any
HST pay abl e on thi s transacti on and pe na lty and in tere st relating to
HST; and
(5 ) a notarial tru e copy of its HST reg istrat ion con fir mation .
SECTION VI -MISCELLANEOUS
28 . Entire Agree me nt
(a) T here is no re prese nt at ion , w ar ran ty , co ll atera l ag reeme nt or co nd itio n affectin g thi s
Agree ment of th e Property ot her t han exp ressed here in.
29 . Tend e r
(a) Any te nd er of doc um e nts or mon e ys hereu nd er may be ma de upon th e so licitor
actin g for t he pa rty upon wh om te nd e r is des ired, and it sha ll be suffic ient th at a
neg otiabl e, cert ifi ed c heque or bank draft ma y be tend e red instead of cas h.
Buy er's lniti als£/L. Se ll e r's Initials ---
Page 374 of 405
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 writi ng and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail , postage prepaid , addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed :
Solicitors for the Vendor:
Duncan , Linton LLP
ATTENTION : Steven Ross
45 Erb Street West
Waterloo , ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to :
The Corporation of the Town of Tillsonburg
ATTENTION : Development Commissioner
204-200 Broadway
Tillsonburg , ON N4G 5A7
Fax : 519-842-9431
Solicitors for the Purchaser:
James Boll
Brimage Law
PO Box 188
Simcoe , ON
519.426 .5840
jboll@brimage.com
If mailed , such notices must also be given by facsimile transmission on the date it
w as so mailed. If so given , such notices shall be deemed to have been recei ved on
th e first busin ess day following the date it was delivered or marked mailed out.
33 . Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right , title and inte rest in and to
this APS with the Vendor's written approval .l. which shall not be unreasonably
withh eld .l. including ass ignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence , the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor ag rees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee . The Purchase r is released from all li abi lity hereunder, if it assigns its
inte rest in this APS . This Agree ment shall be binding upon the parties hereto and
th e ir resp ective success ors and assigns.
34 . Schedules
(a) The following Sched ul es sha ll form an integral part of this Agreement:
(i) Schedu le "A" Description of th e Property ;
(ii) Schedu le "B'' Conditions ;
35. Accep~y Fax or Ema il
Buyer's Initial , Se ll e r's Initials ---
Page 375 of 405
(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 s igned in any number of counterparts , each of which is
considered to be an original , and all of which are cons idered to be the same
documents .
37 . Severability
(a ) If any provision of this Agreement , or the application the reof to any circumstances ,
shall be he ld to be invalid or unenforceable , then the remaining provisions of this
Agreement , or the application thereof to other circumstances , shall not be affected ,
and shall be valid and enforceable .
Buyer's I n iti a l ~ Se ll er's Initi als __ _
Page 376 of 405
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at _________ , Ontario this ___ day of ______ , 2021.
**
Name :
Title :
IM/e have authority to bind the Corporation .
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillson burg , Ontario this ___ day of _______ , 2 021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
B uyer's In it ia ls __ _
The Corporation of the Town of
Tillson burg
Stephen Molnar
Mayor
Mich e ll e Smibert
Cl e rk
We have authority to bind T he Co r poration
of the Town of T illsonburg .
Se ll e r's Initi a ls ---
Page 377 of 405
SC HEDULE "A" -LEGAL DESCRIPT ION 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 Oxfo rd , being compromised of a portion of Block 88 , Plan
41 M-139 , and to be described by a new reference plan :
I ' N 78° H 0 5 o· E " ...... .,. .. -'53 . 2'0 -W-~.1 8 146.02 --+-I .v ~ ~ t 0 TRILLIUM DR IVE ,~qi l 2 ,<I) ,'¢
0 ----N 7B 0 37'so"E ~ t ~T·-··35.. _: -M
27.52 2 7_5 0 a !!; iD 2 7. 50 27.50
~ 3.00 "' :z: ~ 3 _it
~ -~o <C 0 'o ·2 0 0 ~ I'-0 0 0 ""' u:) 9 I'-10 •· ,.._ I I C\J .. 12 ,.._
I() .NI N , tD ow .N JO NI w (\) to N I() ~·BLOCK (IJ IO !1.. t!'I 0 lf!1<> BL OC Q 0 -
~= v ---N
<>,; tJ"O z :z z ,....
88 z
8 7 ;t ~'~ ~ N78"'37'5 o''E 11 0.oz ---0 ID 0
27.52 ~ 2 7 .50 ~ 2 7.50 ,Q) 2 7.50 86 ~ <t II\
~ ... r N• IO .. , -. .. -· 23.2 5~-3 I'-ID !_'.--+ 17.02 -+-2 3.2 5 ..... ~ 2 3 .25 \~ 2 :3 .2 5 ,'6 I'-1--·o --
5.24 .''3 -~ ~ -~ 'o .
l '2 N ·
""' ·o "o -0 -NO N • -ID 0 0 0 -0 0 N
'N
w .N ~ N GO -N CD Nil;) -. 0 -3 lO 17 116 15 14 -1() -N If) N If) N lfl N ll'I 13 z I<) :zro -r<l Q ,.; 0 IO ':.. rfl z ~------z z z :z ]'-..
23.25 t i 3 .00
2 2 .29 Z 3.Z 5 ~3 -25 Z3.l5 3 5.00 ~ ... -I ,
N 7 R 0 37 ° 5 rl"f:' .<» .io 1~1.()n z I (Y"7 "l 6' --4-d <).. .o.
Buy er's I n i t i a l ~ Seller's Init ia ls __ _
Page 378 of 405
SCHEDULE "B" PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment
of the follo 111ing terms and conditions on or before , which terms and
conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in
part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be
returned and Agreement arising from the offer shall be at an end and all parties released
from their obligations:
(a) **
Buyer's Initials~ Seller's Initials ---
Page 379 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to authorize a lease agreement between the Town of Tillsonburg and
VanQuaethem Farms Ltd for agricultural purposes.
WHEREAS The Town of Tillsonburg is desirous of entering into a lease agreement with
VanQuaethem Farms Ltd for the lands described as Part of Lots 3 and 4, Concession 5
NTR Middleton, and more particularly described as Part 2, Plan 37R-283 and Parts 10
and 11, Plan 41R-10104, comprising approximately 73 acres of farmable la nd; and,
lands located on the east side of Highway 19 (Vienna Road), legally described as part
of Lots 8 and 9, Concession 4, NTR, and more particularly described as Lots 1613 and
1638B, Plan 500, comprising of approximately 17 acres of farmable lands.;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the lease agreement attached hereto as Schedule "A" forms part of this
By-Law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
agreement marked as Schedule "A" on behalf of the Corporation of the Town of
Tillsonburg;
3. AND THAT this By-Law shall come into full force and take effect after the final
passing hereof.
READ A FIRST AND SECOND TIME THIS 12th day of APRIL, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of APRIL, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 380 of 405
THIS AGREEMENT made in duplicate this __ day of , 2021. -----
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the Lessor, of the First Part,
-and-
VANQUAETHEM FARMS LTD
hereinafter called the Lessee, of the Second Part
WHEREAS the Lessor has control of lands hereinafter described as:
1. Part of Lots 3 and 4, Concession 5 NTR Middleton, and more particularly described as
Part 2, Plan 37R-283 and Parts 10 and 11, Plan 41R-10104, comprising approximately 73
acres of farmable land; and,
2. Lands located on the east side of Highway 19 (Vienna Road), legally described as part of
Lots 8 and 9, Concession 4, NTR, and more particularly described as Lots 1613 and
163 8A, Plan 500, comprising of approximately 17 acres of farmable lands
a. Unnamed Road adjacent to Lots 1612, 1613 and 1614.
(collectively the "Lands")
AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is
desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth
in this agreement (the "Lease").
NOW THEREFORE THIS INDENTURE WITNESSETH
1. PAYMENT
The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set
out below to the Lessor by two payments each year during the term of this Lease. The first
payment of which shall constitute 50% of annual rental fee and shall be due and payable prior to
the start of planting that this Lease remains in force and the remaining 50% of the annual rental
fee shall be due and payable on November 30 of each year that this Lease remains in force:
(a) Annual rent of $24,450 for the ninety (90) acres of Land (the "Base Rent") plus
Harmonized Sales Tax.
2. TERM
The term of the Lease shall be from April 16, 2021 to December 31, 2023 (the "Lease Term').
The Lease Term can be extended for additional one (1) year terms by the Lessor in its sole and
absolute discretion. There is no representation or warranty of the Lessor that it must, shall or
will extend the Lease Term.
3. CONDITION OF THE LANDS
The Lessee acknowledges and agrees that it is leasing the Lands in its current condition "as is"
and the Lessee has conducted all inspections and performed its own due diligence to determine
the suitability of the Lands for the Lessee's use. The Lessee acknowledges that the Lessor has
made no representation or warranty and provides no covenant, representation or warranty
concerning soil conditions, the existence of any items below the surface, and/or the
environmental status of the Lands at any time. The Lessee acknowledges having inspected the
property prior to signing this Lease and has relied upon its inspection regarding the suitability,
condition, and state of repair of the Property. The Lessee further acknowledges that it has
conducted its own due diligence as the size of the Lands and the size of the arable part of the
Lands and not relied upon any representation or warranty of the Lessor. The Lessee
acknowledges that Base Rent shall not alter if size of the arable land is less than as set out in this
~~. ~~'·
Lessor's Initials Lessee's Initials j -----1
Page 381 of 405
4. USE
(a) The Parties agree that the crops to be grown on the Lands shall be agreed upon by the
Parties prior to planting and shall generally be a com, soybeans or other cash crops.
(b) The Lessee shall not do or permit to be done on the Lands anything which may:
i. Constitute a nuisance;
IL Cause damage to the Lands;
111. Cause injury or annoyance to occupants of neighbouring premises;
IV. Make void or voidable any insurance upon the Lands;
v. Constitute a breach of any by-law, status, order or regulation of any
municipal, provincial or other competent authority relating to the Lands; and,
vi. Create any environmental hazard.
( c) The Lessee 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,
amended or successor legislation. If any order is made by any level of government,
including all agencies, Crown corporations plus municipal bodies, or Court is made as
a result of the Lessee's, or its servants, directors, employees, invitees, customers or
agents, actions or inaction under this Article then the Lessee 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 Lessor harmless from any costs, including legal costs, if
the Lessor suffers any damages or pays any costs associated with such order.
( d) In order to operate this farm efficiently and to maintain it is high state of productivity
of the Lands, the Lessee covenants as follows:
i. To allow any incoming lessee or purchaser to enter upon the Lands after
harvest in the last year of the Lease Term and have reasonable privileges and
right-of-way to work on the Lands;
IL To prepare a soil analysis at the end of the Lease Term or sixty days after a
Termination Notice has been served by either Party (the "Soil Tests"). The
cost of the Soil Tests shall be payable by the Lessee without contribution of
the Lessor. The Lessee shall provide the Lessor a copy of each of the Soil
Tests within 10 of the Lessee's receipt of the Soil Tests;
111. To remove all crops from the ground at the end of the Lease Term; and,
IV. It will not construct any buildings upon the Lands.
5. RIGHT TO SELL SUBJECT LANDS
The Lessee acknowledges that the Lessor shall have the right to sell any part or parts of the
Lands upon sixty (60) days notice, in writing, and upon expiry of such notice the Lessee shall
surrender that part (or all ifrequired by the notice) of the Lands sold by the Lessor and subject to
the condition that if the Lessor sells and requires possession of any or all of the subject lands on
which an agricultural crop is growing, the Lessee shall be compensated for any and all expenses
incidental to growing such crop and the Base Rent shall be revised to take into account the
adjustment of that part of the Lands not surrendered (if any) throughout the balance of the Lease
Term. The Lessee must provide to the Lessor detailed accounting of the costs incurred for the
lands in order to be reimbursed for the loss of the growing crops. The Lessee shall not demand,
claim or plead any damages, costs, monies or compensation from the Lessor of any kind
whatsoever and howsoever except as specifically provided for in this paragraph 5. The Lessee
waives any and all claims, damages and/or losses for future income, profits or monies due to the
surrender of some or all of the Lands.
6. FARM BUSINESS REGISTRATION NUMBER
The Lessee shall be required to provide proof of valid Farm Business Registration Number
(OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term.
/\\)'
Lessor's Initials Lessee's Initials ,J · -----
2
Page 382 of 405
7. QUIET ENJOYMENT OF LANDS
IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with
the Lessee for quiet enjoyment of the Lands. Notwithstanding the foregoing, the Lessor shall be
permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being
borne by the Lessee.
8. ASSIGNMENT
The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval
by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The
Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the
Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and
conditions contained in this Lease.
9. INSURANCE
The Lessee shall obtain Farm liability insurance of at least Two Million Dollars ($2,000,000),
covering injury to, or destruction of person or property, for which the Lessee may be held liable.
The Lessee must obtain Farm Liability insurance on a form of coverage issued by an insuring
company acceptable to the Town, which names the Town as an additional insured and contains a
Cross Liability Clause. The Lessee shall provide the Town prior to the start of planting with an
insurance certificate showing the required insurance coverage.
10. INDEMNIFICATION
The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times
against any and all claims, suits, proceedings, 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 Lands or the subletting or assignment of same or any part
thereof. And the Lessee further covenants to indemnify the Lessor with respect to any
encumbrance on or damage to the Lands occasioned by or arising from the act, default, or
negligence of the Lessee, its officers, agents, servants, employees, contractors, customers,
invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the
termination of this Lease notwithstanding any provisions of the Lease to the contrary.
11. MAINTENANCE
The Lessee covenants to maintain all of the Lands pursuant to this Lease in good condition at all
times during the Lease Term, any extension of the Lease Term and any overholding periods (if
any). The Lessee further covenants to keep the Lands free from refuse and shall not store any
refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor
to be noxious, hazardous or refuse.
12. IMPROVEMENTS TO LANDS
The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture
production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's
sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering
into a second agreement for proposals that significantly expand the area available for agricultural
production at the Lessor's sole discretion.
13. BANKRUPTCY
The Lessee acknowledges and agrees that if during the Lease Term any of the goods or chattels
of the Lessee shall at any time during the said term be seized or taken in execution or in
attachment by any creditor of the Lessee, or ifthe Lessee shall make any assignment for the
benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing
balance of Base Rent shall immediately become due and payable and the said term shall, at the
option of the Lessor, immediately become forfeited and determined and in such case, the Lessor
may re-enter and take possession of the said lands as though the said lands was holding over
after the expiration of the said term.
Lessor's Initials -----
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Page 383 of 405
14. TERMINATION FOR CONVENIENCE
IT IS further hereby agreed between the Parties hereto that this Lease may be terminated by
either party in such parties' sole and absolute discretion by providing to the other Party sixty (60)
days written notice prior to the termination date or the expiration of the lease term. In the case
where the Lessor terminates the Lease, the provisions of Paragraph 5 above shall be in effect. If
the Lessee terminates the lease it shall be responsible to pay a pro-rated Base Rent to the date of
termination, pay all items required by paragraph 4 of this Lease and the Lessor shall not be
responsible to reimburse the Lessee for the loss or damages for the abandoned growing crops.
15. TERMINATION OF THE CONTRACT FOR CAUSE
In the event of any material default of this Lease by the Lessee, the Lessor shall have the right to
provide written notice of such default and demand that the deficiency of program be rectified
within five (5) working days or such longer period as may be agreed upon by the Lessor. If the
said default is not rectified or steps are not take to rectify the situation according to the agreed
upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no
less than thirty (30) days notice and all Base Rent and amounts owing pursuant to paragraph 4 of
this Lease shall be payable to the Lessor by the Lessee within thirty (30) days from termination.
16. DEFAULT
An Act of Default has occurred when:
(a) The Lessee has failed to pay Rent for a period of 60 consecutive days from the date
that payment has been requested by the Lessor;
(b) The Lessee has breached his covenants or failed to perform any of his obligations
under this Lease plus:
1. The Lessor has given notice specifying the nature of the default and the steps
required to correct it; and,
11. The Lessee has failed to correct the default as required by the notice;
( c) Any insurance policy is canceled or not renewed by reason of the use or occupation
of the Lands, or by reason of non-payment of premiums;
(d) The Lands:
1. 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 Lessor.
When an Act of Default on the part of the Lessee has occurred:
(a) The current year's rent together with the next years' rent shall become due and
payable immediately; and,
( e) The Lessor shall have the right to terminate this Lease and to re-enter the Lands and
deal with them as he may choose.
If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease
and re-enter the Lands prior to the end of the Term, the Lessee shall nevertheless be liable for
payment of Rent and all other amounts payable by the Lessee in accordance with the provisions
of the Lease until the Lessor has re-let the Lands or otherwise dealt with the Lands in such
manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the
Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of
any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted
and the Rent any new Lessee pays to the Lessor.
If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-
enter the Lands, the Lessor shall have the right to take any and all necessary steps to rectify any
or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and
to recover the costs as Rent.
Lessor's Initials Lessee's Initials 5\J . -----4
Page 384 of 405
If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the
remedies available to him 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 Lessor 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 Lessor unless the waiver is
in writing and signed by the Lessor.
17. NOTICE
Notice to either party shall be given at the following addresses:
If to the Lessor:
Development Commissioner
The Corporation of the Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
If to the Lessee:
VanQuaethem Farms Ltd
353 Highway 19 South
Tillsonburg, ON N4G 409
The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or
any part thereof without consent of the Lessor.
16. MISCELLANEOUS
The words importing the singular number only shall include the plural, and vice versa, and words
importing the masculine gender shall include the feminine gender, and words importing persons
shall include firms and corporations and vice versa.
This Lease, including any Schedule attached, shall constitute the entire agreement between the
Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which
affects this agreement other than expressed herein.
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.
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.
The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and
seek independent legal advice.
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.
This Lease 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.
The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to
or after it obtains possession. A\_\·. I •
Lessor's Initials Lessee's Initials "-J \l _........_ __ _
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Page 385 of 405
IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used
in this indenture shall, when the context allows, include, be binding on and enure to the benefit
of not only the Parties hereto, but also their respective executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND )
DELIVERED in the )
Presence of )
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STEPHEN MOLNAR, MAYOR DATE
MICHELLE SMIBERT, CLERK DATE
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Page 386 of 405
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Page 389 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to authorize an agreement of purchase and sale with 2670309 Ontario
Inc.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of
purchase and sale for lands described as Lot 7 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 7 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 12th day of APRIL, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of APRIL, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 390 of 405
Page | i
Buyer’s Initials______ Seller’s Initials______
AGREEMENT OF PURCHASE AND SALE (the “Agreement” or “APS”)
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Vendor”)
-and-
2670309 ONTARIO 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 THOUSAND Dollars ($ 50,000.00)
per acre. The estimated area of the Property is 2 acres and the estimated total Purchase
Price is ONE HUNDRED THOUSAND Dollars ($ 100,000.00), 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) Twenty Five Thousand Dollars ($25,000.00) deposit is payable by the Purchaser by
certified cheque upon Acceptance of this Agreement, to be held on an interest free
basis by the Solicitor for the Vendor as a deposit pending completion of this
transaction on account of the Purchase Price on completion, or if this Agreement is
not completed through no fault of the Purchaser, the deposit shall be returned to the
Purchaser; and
(b) the balance of the Purchase Price, subject to adjustments, shall be paid to the
Vendor on the Completion Date, by certified cheque or bank draft.
SECTION 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 16th day of April, 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
Page 391 of 405
Buyer’s Initials______ Seller’s Initials______
and approving the sale of the Property to the Purchaser pursuant to the terms of this
APS.
(c) The parties agree and acknowledge that negotiation of this APS is not a valid and
binding agreement until accepted by the Council of The Corporation of the Town of
Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall negotiate the terms of this APS in good faith. However, the
negotiation of the terms of this APS by the Chief Administrative Officer of the Town of
Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of
Tillsonburg until such time as this APS is authorized and approved by the Council of
The Corporation of the Town of Tillsonburg.
5. Council Approval
(a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of
the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law.
6. Deed/Transfer
(a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the
terms of this Agreement.
7. Completion Date
(a) The closing of this transaction shall take place following the registration of the
Plan of Subdivision for the Van Norman Innovation Park and by November 1,
2021, 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 May 31, 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 III - 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 claims against the Vendor in respect of any environmental
liabilities on the Property. The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in the
preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with
the Property, it shall deliver written notice to that effect to the Vendor by no later than
the time specified herein, and this Agreement shall be terminated and the deposit
shall be returned to the Purchaser without interest or deduction. If the Vendor is
notified that the condition of the Property is not satisfactory, then the Purchaser shall,
prior to receiving its deposit monies back and prior to being entitled to a full release
from the Vendor with respect to this Agreement, restore the Property to its original
condition as it existed prior to such testing or inspection by the Purchaser, at the
Purchaser’s sole expense. If the Purchaser fails to deliver written notice to the
Vendor within the time specified herein regarding this condition, this condition shall be
deemed to have been waived by the Purchaser.
Page 392 of 405
Buyer’s Initials______ Seller’s Initials______
10. Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedule “B”.
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the
APS and understands that upon 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 Resale
(a) The Purchaser covenants that it is purchasing the Property for the construction of a
building and not for the purpose of resale of vacant land.
SECTION IV - PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) The Purchaser, its agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the deposit monies
Page 393 of 405
Buyer’s Initials______ Seller’s Initials______
paid to the Vendor returned together with all interest earned thereon without
deduction.
SECTION V - COMPLETING THE TRANSACTION
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 III 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 September 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 registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any
and all liens, chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property.
25. Adjustments
Page 394 of 405
Buyer’s Initials______ Seller’s Initials______
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment
rates shall be apportioned and allowed to the Completion Date, the day itself to be
apportioned to the Purchaser.
26. 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 relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
Page 395 of 405
Buyer’s Initials______ Seller’s Initials______
SECTION VI - MISCELLANEOUS
28. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement of the Property other than expressed herein.
29. Tender
(a) Any tender of documents or moneys hereunder may be made upon the solicitor
acting for the party upon whom tender is desired, and it shall be sufficient that a
negotiable, certified cheque or bank draft may be tendered instead of cash.
30. Time of Essence
(a) Time shall be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective only if the provisions of Section 50 of the Planning
Act, R.S.O. 1990, c.P.13, as amended are complied with.
32. Notices
(a) All notices in this Agreement shall be in writing and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed:
Solicitors for the Vendor:
Duncan, Linton LLP
ATTENTION: Steven Ross
45 Erb Street West
Waterloo, ON N2J 4B5
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
FK Law Chambers
ATTENTION: Letitia Lee
Unit 8A, 9033 Leslie Street,
Richmond Hill, ON,
L4B 4K3
T: 905-390-3047
Fax: 905-390-3049
If mailed, such notices must also be given by facsimile transmission on the date it
was so mailed. If so given, such notices shall be deemed to have been received on
the first business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to
this APS with the Vendor’s written approval, which shall not be unreasonably
withheld, including assignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor agrees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee. The Purchaser is released from all liability hereunder, if it assigns its
interest in this APS. This Agreement shall be binding upon the parties hereto and
their respective successors and assigns.
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34. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule “A” Description of the Property;
(ii) Schedule “B” Conditions;
(iii) Schedule C” 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.
Page 397 of 405
Buyer’s Initials______ Seller’s Initials______
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at ___________________, Ontario this _______ day of ______________, 2021.
**
Per: 2670309 ONTARIO INC
_________________________________
Name: Zhenmei Wu
Title: President
_________________________________
Name:
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this _______ day of ______________, 2021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
The Corporation of the Town of
Tillsonburg
_________________________________
Stephen Molnar
Mayor
_________________________________
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg.
Richmond Hill 31 March
Page 398 of 405
Buyer’s Initials______ Seller’s Initials______
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:
Page 399 of 405
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SCHEDULE “B” – PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment
of the following terms and conditions on or before September 30, 2021, which terms and
conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in
part by the Purchaser. If the conditions are not fulfilled, waived or extended, in writing, then
the deposit shall be returned and Agreement arising from the offer shall be at an end and all
parties released from their obligations:
(a) The Purchaser obtaining site plan approval and entering into a site plan agreement
pursuant to Section 41(7) of the Planning Act with the Town of Tillsonburg;
(b) For the purposes of completing the site plan approval process, the Purchaser shall
have the right at any time, prior to closing, to enter on the lands to conduct further
investigations or assessments necessary;
(c) The Vendor shall warrant that municipal water and sewer, electrical and gas lines are
accessible to the land and premises. The Vendor shall covenant to extend water,
sewer, electrical and gas services in close proximity to the lands;
(d) The Vendor shall, at its own expense, prepare and provide to the Purchaser for their
review, draft and final reference plans illustrating the proposed dimensions of the
lands, with two one-acre parcels being provided. Each one-acre parcel shall have its
own municipal address.
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SCHEDULE “C” - EASEMENT
TERMS AND PROVISIONS OF THE EASEMENT:
l. The Owner hereby grants, conveys and confirms to The Corporation of the Town of
Tillsonburg (the “Town”), its successors and assigns, in perpetuity, the free, uninterrupted and
undisturbed right and easement to enter upon the lands herein described at any time for the
purposes of constructing, installing and maintaining all municipal services of any kind (including
water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and
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.
Page 401 of 405
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SCHEDULE “D”
DEVELOPMENT COVENANTS
1. Title Control
(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 thirty percent (30%) 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 reasonable costs, realty commission and legal fees incurred with respect to the
original conveyance of the Property by the Town of Tillsonburg to the Owner, as well
as the costs of the Town of Tillsonburg in re-acquiring the Property, including without
limitation, realty commission, registration costs, land transfer tax, legal fees and such
other costs as reasonably incurred by the Town of Tillsonburg. The Town of
Tillsonburg shall not be required to pay for any improvements that may have been
made, constructed, installed or performed by the Owner on the Property.
(d) Subject to subclause 1.c) above, the Owner covenants that it will not sell the Property
or any part thereof to any person, firm or corporation without first offering, in writing,
to sell the Property to the Town of Tillsonburg for consideration equal to or less than
the consideration 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 commission, land
transfer tax, registration costs, legal fees and such other 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. 1990, c.B.16 as amended, provided such subsidiary
assumes and confirms its acceptance of the within covenants and restrictions and
expressly undertakes in writing to comply with them in such form as the Town of
Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from
the receipt of an offer made by the Owner under this subclause, to accept such offer
which acceptance shall be in writing. If the Town of Tillsonburg does not accept an
offer to sell made by the Owner under the provisions of this subclause, the Town of
Tillsonburg’s right to repurchase the Property so offered shall terminate. However, the
remaining provisions of this clause 1 as well as other provisions herein shall continue
in full force and effect. The limitation contained in this subclause, will expire upon the
Page 402 of 405
Buyer’s Initials______ Seller’s Initials______
Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b)
above.
2. Town of Tillsonburg Option on Vacant Portion of Land
(a) The Town of Tillsonburg 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 restricted in fulfilling any
of the obligations set out herein due to any act or neglect of the Town of Tillsonburg
or any of its employees, or due to strikes, walkouts, lockouts, fire, 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.
Page 403 of 405
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6. Right to Waive
(a) Notwithstanding anything herein contained, the Town of Tillsonburg and its
successors shall have the power by instrument or instruments in writing from time to
time to waive, alter or modify the herein covenants and restrictions with respect to
their application to any part of the Property without notice to or approval from the
Owner or notice to or approval from the owners of any other adjacent or nearby
lands.
Page 404 of 405
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-040
A BY-LAW to confirm the proceedings of Council at its meeting held on April 12,
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 April 12, 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 12th DAY OF APRIL, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF APRIL , 2021.
________________________________
MAYOR – Stephen Molnar
_______________________________
CLERK – Michelle Smibert
Page 405 of 405