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221114 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, November 14, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Moment of Silence 3.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, November 14, 2022, be adopted. 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council meeting of October 11, 2022, be approved. 6.Presentations 7.Public Meetings Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at ____ P.M. 7.1.Minor Variance Application A 11-22 16 Concession Street West Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the Town of Tillsonburg Committee of Adjustment approves application File A11-22 submitted by David Vandermeersch for lands described as Lots 640 and 641, Plan 500, and Parts 2, 4, & 5 of 41R-609, municipally known as 16 Concession Street West, Town of Tillsonburg, County of Oxford, as it relates: 1) Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections Into Required Yards, to increase the permitted projection from 1.5 m (4.9 ft) to 2.75 m (9.0 ft), to facilitate the construction of a covered porch at the front of the existing dwelling. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move out of Committee of Adjustment and move back into regular Council session at _____ P.M. 8.Planning Reports 8.1.CP 2022-397 - Potential options for Increasing Residential Density Presented by: Eric Gilbert, Senior Planner, Oxford County Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council receives report CP 2022-397 - Potential Options for Increasing Residential Density, as information. 8.2.CP 2022-407 More Homes Built Faster Act, 2022 Presented by: Eric Gilbert, Senior Planner, Oxford County Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives report CP 2022-407 More Homes Built Faster Act, 2022, as information. Page 2 of 342 9.Deputation(s) on Committee Reports 9.1.CS 22-24 Heritage Register Listing Report Presented by: Carrie Lewis, Chair, Culture, Heritage and Special Awards Advisory Committee Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Culture, Heritage and Special Awards Committee recommends to Council that Heritage Listings be added to the Town’s Heritage Register to supplement the Designated Properties that are currently on the register; AND THAT the Heritage Register of both Designated and Listed Properties be accessible to the public and those interested in the community’s history through the Town’s website and in print format. 10.Information Items 10.1.Oxford County- Regulatory Proposals- Conservation Authorities Act, Transition Plans and Agreements for Programs and Services 10.2.Written Submissions- Proposed Federal Electoral Boundaries 10.3.Future Oxford- Federal Electoral Districts Redistribution 2022 10.4.Minister of Finance- 2023 Funding Allocations under the Ontario Municipal Partnership Fund Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from Oxford County dated October 12, 2022, Federal Electoral Redistribution Commission dated October 26, 2022, Future Oxford dated October 21, 2022 and Minister of Finance dated November 9, 2022, as information. 11.2022 Third Quarter Financial Reports 11.1.FIN 22-23 2022 Third Quarter Finance Department Results 11.2.FIN 22-24 2022 Third Quarter Consolidated Financial Report Proposed Resolution #10 Page 3 of 342 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 22-24 2022 Third Quarter Consolidated Financial Report, as information. 11.3.EDM 22-16 Third Quarter Economic Development and Marketing Results 11.4.FRS 22-04 2022 Third Quarter Fire Services Results 11.5.FIN 22-25 2022 Third Quarter COVID Impact Report 11.6.OPD 22-45 2022 Third Quarter Building, Planning, By-Law Services Results 11.7.OPD 22-47 2022 Third Quarter Operations and Development Services Results 11.8.CS 22-34 2022 Q3 Corporate Services Dept Report 11.9.RCP 22-23 2022 Third Quarter Recreation, Culture and Parks Dept. Results Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives the 2022 Third Quarter Reports 11.1 and 11.3-11.9, as information. 12.Staff Reports 12.1.Chief Administrative Officer 12.2.Corporate Services 12.2.1.CS 22-25 BIA by-law amendment Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives report CS 22-25, Business Improvement Area By- Law Amendment; AND THAT Council receive the request from the BIA to amend By-Law 2013 to add a clause to the eligibility criteria; AND THAT a by-law be brought forward for Council’s consideration to amend by-law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. Page 4 of 342 12.2.2.CS 22-26 2022 Election Report Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives report CS 22-26 2022 Municipal Election, as information. 12.2.3.CS 22-27 Election Accessibility Report Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives report CS 22-27 2022 Municipal Election Accessibility Report, as information. 12.2.4.CS 22-33 Request Relief from By-Law Parking Levy Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives report CS 22-33 Request Relief from By-Law, as information; AND THAT Council authorizes relief from the parking levy for 53 London Street East. 12.3.Economic Development 12.3.1.EDM 22-24 Community Improvement Plan Update Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the Community Improvement Plan as revised to reflect the Town’s Housing Goals outlined in the approved Community Strategic Plan be approved in principle; AND THAT the revised Community Improvement Plan documents be forwarded to the Ontario Ministry of Municipal Affairs and Housing for review prior to bringing back for bylaw approval. 12.3.2.EDM 22-25 Surplus Land Declaration – 25 Maple Lane Property Proposed Resolution #17 Page 5 of 342 Moved By: ________________ Seconded By: ________________ THAT the 25 Maple Lane property, described as Part Lot 380, Plan 500; Part 1, Plan 41R-9104, Except Part 1 Plan 41R-10139; 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. 12.3.3.EDM 22-26 Economic Development Advisory Committee Recommendation - Project Consultant Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT the Economic Development Advisory Committee recommendation for the Town to consider project management options for the development of Phase 2 of the Van Norman Innovation Park be referred to 2023 budget deliberations for consideration. 12.4.Finance 12.5.Fire and Emergency Services 12.6.Operations and Development 12.6.1.OPD 22-45 Hangar Land Lease Agreement Taxiway C1-9 Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPD 22-45 Airport Hangar Land Lease Taxiway C1 Lot #9; AND THAT a By-law to a) execute the Agreement to Terminate the Lease with Danny Richer for Taxiway C1 Lot #9, b) to execute the Hanger Land Lease Agreement for Taxiway C1 Lot #9 with Mark Kniss and c) repeal By- law 3883, be brought forward for Council consideration. 12.7.Recreation, Culture and Parks 12.7.1.RCP 22-22 - South Ridge Playground Replacement Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receives Staff Report RCP 22-22 South Ridge Playground Page 6 of 342 Replacement, as information; and THAT the funds from capital project #717 (OPP Security Replacement Access System/$55,000) be reallocated to cover emergency replacement of the playground at South Ridge Park. 13.New Business 14.Consideration of Committee Minutes 14.1.Committee Minutes Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives the following Advisory Committees Minutes as information: Recreation and Sports Advisory Committee Minutes dated October 5, 2022• Airport Advisory Committee Minutes dated September 22, 2022• Dog Park Advisory Committee Minutes dated October 18, 2022• Economic Development Advisory Committee Minutes dated October 11, 2022 • Culture, Heritage and Special Awards Advisory Committee Minutes dated October 19, 2022. • 14.2.Long Point Region Conservation Authority Minutes Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority minutes dated September 7 and October 5, 2022, as information. 15.Motions/Notice of Motions 15.1.Meeting Date Change Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council authorizes the cancellation of the November 28, 2022 Council meeting and reschedules the meeting to be held at 6:00 p.m. on November 21, 2022. Page 7 of 342 15.2.Amendment to ECA- Transfer Station Automatic Gate Proposed Resolution #24 Moved By: Councillor Gilvesy Seconded By: ________________ THAT Council requests staff to seek an amendment to ECA to allow the automatic gate to open seven days per week at the yard waste portion of the transfer station to allow citizens access to the yard waste on Sundays. 15.3.Motion to Reconsider Resolution #2022-144 passed at the April 19, 2022 Council Meeting Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ Moved By: Councillor Rosehart THAT Resolution #2022-144 passed at the April 19, 2022 Council Meeting as set out below be reconsidered. Resolution # 2022-144 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT plans be put in place for council members and staff to return to the council chambers for regularly scheduled council meetings as soon as possible, and in accordance with the end of the COVID-19 pandemic as determined by the provincial government. At this time, the provincial government has stated that Ontario COVID- 19 Public Health measures and advice and all remaining measures, directives and orders are to end by April 27, 2022. A hybrid option will continue to be available for individuals who are unable to attend in person citing health or distance concerns. With the provincial statement in mind and as per the town’s Procedural By-Law section 5.3 which reads “Electronic meetings for both open and closed meetings will be permitted in the following circumstances: during a pandemic and in certain emergency situations”, the provincial government’s declaration supports the town’s return to open, in person meetings of council and council committees. AND FURTHER having been advised that the recently approved Hybrid Work Policy could result in staff not being available to attend in person meetings, or to complete other tasks for which in person attendance at town facilities is important, that council Page 8 of 342 requests a staff report outlining revisions to the Hybrid Work Policy that will assure council and the community that staff attendance at town facilities is considered important and often in the best interest of the municipality. Should Southwestern Public Health issue regulations requiring in-person public meetings to cease because of a continuance or reoccurrence of COVID-19, Councillors and staff will return to the full hybrid meeting option for the required period of time specified by public health. 16.Resolutions/Resolutions Resulting from Closed Session 17.By-Laws 17.1.By-Law 2022-068 a by-law to amend By-Law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. 17.2.By-Law 2020-075 To Close and Deem Surplus part of an Alley between Nelson St and Charles St 17.3.By-Law 2022-076 To Close and Deem Surplus Part of an Alley between 6 and 8 John St Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-068, A By-Law to Amend By-Law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management; By-Law 2022-075, A By-Law to Close and Deem Surplus part of an Alley between Nelson St and Charles St, and By-Law 2022-076, A By-Law to Close and Deem Surplus part of an Alley between 6 and 9 John St 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. 18.Confirm Proceedings By-law Proposed Resolution #27 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-074, to Confirm the Proceedings of the Council Meeting held on Monday, November 14, 2022, 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 Page 9 of 342 seal thereunto. 19.Items of Public Interest 20.Council Acknowledgement Presented by: Kyle Pratt, Chief Administrative Officer 21.Adjournment Proposed Resolution #28 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of Monday, November 14, 2022 be adjourned at ______ p.m. Page 10 of 342 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Tuesday, October 11, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Laura Pickersgill, Executive Assistant/Assistant Clerk Shayne Reitsma, Interim Director of Operations & Development Julie Columbus, Director of Recreations, Culture & Parks Donna Wilson, Returning Officer _____________________________________________________________________ 1. Call to Order Vice-Chair, Deputy Mayor Beres called the meeting to order at 4:30 p.m. 2. Closed Session Resolution # 2022-333 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy Page 11 of 342 2 THAT Council move into Closed Session to consider a personal matter about an identifiable individual, including municipal or local board employees under section 239(2)(b) of the Municipal Act and a matter of advice that is subject to solicitor- client privilege, including communications necessary for that purpose under Section 239(2)(f) of the Municipal Act. Carried 3. Moment of Silence 4. Adoption of Agenda Resolution # 2022-334 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of October 11, 2022, be approved. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2022-335 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the minutes from the Regular Council Meeting held on September 26, 2022, be approved. Carried 7. Presentations 7.1 Presentation of the Poppy Don Burton provided an overview of the poppy campaign and presented Mayor Molnar with the first poppy. 7.2 Tillsonburg Volunteer Achievement Award Presentation Page 12 of 342 3 Jason Pankratz, Vice-Chair, Culture, Heritage & Special Awards Committee presented Margaret and Kevin Marr with the Tillsonburg Volunteer Achievement Award for their dedicated service to the Multi- Service Centre with assisting with the Meals on Wheels program. 7.3 A+ Link Architects Tillsonburg Community Centre Alicia Lesniak, Architect, A+ Link Architects provided an overview of the Community Centre aquatics centre renovation renderings. Resolution # 2022-337 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT Council receives the A+ Link Architects Presentation of Tillsonburg Community Centre renderings, as information. Carried 7.4 Helping Hand Food Bank Permit Fees The presenter was not in attendance for this meeting. Resolution # 2022-338 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives the Helping Hand Food Bank Permit Fees letter, as information; AND THAT the request to forgive permit fees be granted. Carried 8. Public Meetings Resolution # 2022-339 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 7:25 P.M. Page 13 of 342 4 Carried 8.1 Minor Variance Application- A 12-22 10 Elm Street Eric Gilbert, Senior Planner, Oxford County provided an overview of the application. Opportunity was provided for members of Council to ask questions. Trevor Benjamins, Associated Planning Technician, CJDL Consulting Engineers, spoke in favour of the application. There were no members present to speak in opposition to the application. Resolution # 2022-340 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Town of Tillsonburg Committee of Adjustment approves application File A12-22 submitted by Mister Auto Wash Inc. c/o Tyson VanLeeuwen for lands described as Lots 395, 415, 416 & Part of Lot 296, Plan 500, municipally known as 127 Tillson Avenue, Town of Tillsonburg, County of Oxford as it relates: 1. Relief from Section 14.2 – SC Zone Provisions – Table 14.2: Zone Provisions – Exterior Side Yard: Minimum Width, to decrease the minimum required side yard depth from 9 m (29.5 ft) to 8.3 m (27.2 ft); 2. Relief from Section 14.2 – SC Zone Provisions – Table 14.2: Zone Provisions – Setback: Minimum Distance from the Centreline of an Arterial Road as shown on Schedule “B”, to decrease the minimum required distance from the centreline of an arterial road from 20.5 m (67.3 ft) to 18.3 m (60 ft). Carried Resolution # 2022-341 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of Committee of Adjustment and move back into regular Council session at 7:37 P.M. Page 14 of 342 5 Carried 9. Planning Reports 10. Deputation(s) on Committee Reports 11. Information Items 11.1 St. John's Anglican Church Re: First Responder and Medical Personnel Thanksgiving Service 11.2 Ministry of Municipal Affairs and Housing Re: Public Consultation Meetings 11.3 Ministry of the Solicitor General: Update- Community Safety and Policing Act, 2019 and OPP Detachment Boards Resolution # 2022-342 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives correspondence from St. John's Anglican Church dated October 17, 2022, Ministry of Municipal Affairs and Housing dated September 26, 2022 and Solicitor General dated October 4, 2022, as information Carried 12. Staff Reports 12.1 Chief Administrative Officer 12.1.1 CAO 22-07 Council Meeting Dates Resolution # 2022-343 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report CAO 22-07 Council Meeting Dates, as information; AND THAT the Council orientation dates be set as: November 8, 15, 21 and 22, 2022; Page 15 of 342 6 AND FURTHER THAT the Council budget dates be set as: December 7 (9:00 a.m. start) and 19, 2022 and January 16 and February 6, 2023; AND FURTHER THAT the regularly scheduled 2023 Council meeting dates be amended from: Monday January 23, 2023 to Tuesday January 24, 2023; Monday April 10, 2023 to Tuesday April 11, 2023; Monday May 22, 2023 to Tuesday May 23, 2023; Monday June 12 to Wednesday June 14, 2023; and Monday, October 9, 2023 to Tuesday October 10, 2023. Carried 12.1.2 CAO 22-08 Electronic Monitoring Policy Resolution # 2022-344 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives and approves “Electronic Monitoring Policy” for the Town of Tillsonburg. Carried 12.2 Corporate Services 12.3 Economic Development 12.4 Finance 12.5 Fire and Emergency Services 12.6 Operations and Development 12.7 Recreation, Culture and Parks 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes Staff to bring back a report regarding the areas to be kept more natural rather than long grass in regards to the August 4, 2022 Parks, Beautification and Cemeteries Advisory Committee minutes. Page 16 of 342 7 Resolution # 2022-345 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the following Council Committee minutes be received as information: August 4, 2022 Parks, Beautification and Cemeteries Advisory Committee Minutes September 20, 2022 Tillsonburg Transit Advisory Committee Minutes September 21, 2022 Accessibility Advisory Committee Minutes Carried 15. Motions/Notice of Motions 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 17.1 A By-Law to appoint an Acting Clerk for The Corporation of the Town of Tillsonburg (the “Town”) Resolution # 2022-346 Moved By: Councillor Parker Seconded By: Councillor Esseltine By-Law 2022-067 By-Law to appoint an Acting Clerk for the Corporation of the Town of Tillsonburg be read a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the name, and place the corporate seal thereunto. Carried 18. Confirm Proceedings By-law Resolution # 2022-347 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 2022-066, to confirm the proceedings of the Council meeting held on October 11, 2022, be read a first, second, third and final reading and that the Page 17 of 342 8 Mayor and the Clerk be and are hereby authorized to sign the same and place the corporate seal thereunto. Carried 19. Items of Public Interest Celebrate Tillsonburg 150 on October 24th at Annandale House with oatmeal for $10. The Culture, Heritage and Special Awards Committee is taking nominations for the Citizen of Year. To support the poppy campaign, you can call Branch 153 at 519-842-5281. 20. Adjournment Resolution # 2022-348 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council meeting of October 11, 2022 be adjourned at 7:59 p.m. Carried Page 18 of 342 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A11-22 APPLICATION FOR MINOR VARIANCE TO: Town of Tilsonburg Committee of Adjustment MEETING: November 14th, 2022 REPORT NUMBER: CP 2022-384 OWNER: David Vandermeersch 16 Concession Street W, Tillsonburg ON N4G 4X3 AGENT: Nick Ash 11 Adams Avenue, Tillsonburg ON N4G 4X3 VARIANCE REQUESTED: 1. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections Into Required Yards, to increase the permitted projection from 1.5 m (4.9 ft) to 2.75 m (9.0 ft), to facilitate the construction of a covered porch at the front of the existing dwelling. LOCATION: The subject lands are described as Lot No. 640 & 641, Plan 500, and Parts 2, 4, & 5 of 41R-609 in the Town of Tillsonburg. The lands are located on the north side of Concession St W lying between Broadway Street and Ann Street and municipally known as 16 Concession Street W. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential density plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Residential Type 1 Zone (R1) SURROUNDING USES: Predominately low density residential uses, consisting of single detached dwellings. Page 19 of 342 File Number: A11-22 Report Number 2022-384 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted section of the Town Zoning By-Law to facilitate the construction of a covered porch in the front of the existing dwelling. Specifically, the proposed covered porch will have an area of 7.5 m² (80.7 ft²). Plate 1, Existing Zoning & Location Map, shows the location of the subject lands and the current zoning in the immediate vicinity. Plate 2, Aerial Map (2020), shows the location of the subject lands and surrounding properties. Plate 3, Applicant’s Sketch, illustrates the location of the dwelling and the proposed covered deck on the subject land. (b) Agency Comments: The application was circulated to a number of public agencies. As of the writing of this report, no comments were received from the agency circulation. (c) Public Consultation: Public Notice was provided to surrounding property owners on November 4, 2022 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Town of Tillsonburg Land Use Plan, as contained in the County Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single and semi-detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits the development of single detached dwellings and requires a minimum front yard depth of 7.5 m (24.6 ft) for such development, and interior side yard width of 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the narrow side. Section 5.37.1 of the Zoning By-law permits certain structures, such as covered porches and decks, to project a maximum of 1.5 m (4.9 ft) into required yards, provided a minimum setback of 7.5 m (24.6 ft) can be maintained between the projection and the front lot line. The purpose of this provision is to recognize that structures such as covered porches and decks are typically smaller in scale and size than single detached dwellings, and often function as additional amenity space for residential uses, which is the primary intent of maintaining the front yard space. The intent of this provision is to ensure that single detached dwellings maintain sufficient setback to provide a buffer for neighbouring properties, as well as maintaining adequate space for recreational and amenity area, and proper area for drainage. Page 20 of 342 File Number: A11-22 Report Number 2022-384 Page 3 In this instance, it is not anticipated that the minor increase to the permitted projection into the required front yard depth will have a negative impact on neighbouring property owners or appropriate lot grading or drainage. Further, staff are satisfied that the proposed construction will not impact the function or operation of the Concession Street, and adequate space will remain for private parking purposes which is in keeping with the intent of the Town Zoning By-law. (f) Desirable Development/Use: It is the opinion of this office that the applicant’s proposal can be considered minor and desirable for the development of the subject property. As the proposed relief will facilitate the development of a porch addition to an existing single detached dwelling that will still allow for adequate front yard amenity space and space available for parking purposes, it can be considered desirable development for the property. Additionally, staff are satisfied that the requested increase from 1.5 m (4.9 ft) to 2.75 m (9 ft) to the permitted projections for a covered porch can be considered a minor departure from the provisions of the By-law. Further, staff are satisfied that the proposed relief will continue to provide sufficient separation between the proposed porch and the front property line to allow for normal yard maintenance and access for road maintenance purposes. It is also noted that the proposed variance will be in keeping with the existing character and aesthetic of the surrounding lands, as a number of dwellings in the vicinity have front porches similar to the applicant’s proposal In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. RECOMMENDATION: That the Town of Tilsonburg Committee of Adjustment approve Application File A11-22, submitted by David Vandermeersch for lands described as Lot No. 640 & 641, Plan 500, Parts 2, 4, & 5 of 41R-609 in the Town of Tillsonburg as it relates to: 1. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections Into Required Yards, to increase the permitted projection from 1.5 m (4.9 ft) to 2.75 m (9.0 ft) to facilitate the construction of a covered porch at the front of the existing dwelling. The proposed relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows: (i) The requested relief is deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning Bylaw No. 3295; (ii) The requested relief is desirable for the appropriate development or use of the land; (iii) The requested relief is in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) The requested relief is in-keeping with the general intent and purpose of the Official Plan. Page 21 of 342 File Number: A11-22 Report Number 2022-384 Page 4 Authored by: Haylee Hallema, Student Planner Approved for submission by: Eric Gilbert, MCIP RPP Senior Planner Page 22 of 342 September 29, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 610 Notes NAD_1983_UTM_Zone_17N 30 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Property Concession Steet W Ann Street Broadway Plate 1: Existing Zoning & Location Map File No: A11-22 Vandermeersch Lot No. 640 & 641, Registered Plan No. 41R609, 16 Concession Street W, Town of Tillsonburg Page 23 of 342 September 29, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 610 Notes NAD_1983_UTM_Zone_17N 30 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Plate 2: Aerial Map (2020) File No: A11-22 Vandermeersch Lot No. 640 & 641, Registered Plan No. 41R609, 16 Concession Street W, Town of Tillsonburg Subject Property Ann Street Concession Steet W Broadway Page 24 of 342 NCESSJON i)(l. 4000PS MFP HPGL2 g"> :'J>· EDGE \ ' I 'f\e,(.l) ~:).,Hy l.7', c'i =iv lli ~ho~ ~ov\); MUNICIPAL f16 2 STOREY AWMINUM SIDED RESIDENTIAL .DI\Eu.JNG "' z ::, g BOARD FENCE r 0 ,-\_ Plate 3: Applicant's Sketch File No: A11-22 Vandermeersch Lot No. 640 & 641, Registered Plan No. 41R609, 16 Concession Street W, Town of Tillsonburg Page 25 of 342 Community Planning P.O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca MEMO DATE: October 27, 2022 TO: All Area Municipal CAOs and Clerks FROM: Gordon Hough, Director, Community Planning RE: CP 2022-397 – Potential Options for Increasing Residential Density On October 26, 2022, Community Planning report CP 2022-397 was presented to the Council of the County of Oxford, which contained the following recommendations: 1.That Report No. CP 2022-397 be received for information; 2.And further, that Report No. CP 2022-397 be circulated to the Area Municipalities for their information. Oxford County Council then passed the following resolution: “Moved By: David Mayberry Seconded By: Marcus Ryan Resolved that Report No. CP 2022-397, titled "Potential Options for Increasing Residential Density", be adopted; And further, that staff arrange a workshop to be held on February 8, 2023 for council to explore in more detail the options and opportunities to enhance density in all areas of the county. Motion Carried” Please find attached the report, for your information. Sincerely, Gordon K. Hough Director Community Planning Page 26 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 1 of 10 To: Warden and Members of County Council From: Director of Community Planning Potential Options for Increasing Residential Density RECOMMENDATIONS 1. That Report No. CP 2022-397 be received for information; 2. And further, that Report No. CP 2022-397 be circulated to the Area Municipalities for their information. REPORT HIGHLIGHTS  This report was prepared in response to a resolution passed by County Council earlier this year requesting that staff bring forward a report to provide further information and options that could be considered by the County and Area Municipalities to better accommodate projected residential growth through increased density within fully serviced settlement areas and minimize the need for settlement area boundary expansions.  This report contains further information and potential options that could be considered in this regard, with the intent of providing an initial basis for discussion and consideration of potential next steps.  Given anticipated Provincial announcements with respect to potential housing related policy changes, which could significantly impact municipal options for encouraging and facilitating intensification and increased density, Planning staff are advising that formal consideration of potential municipal actions be postponed until we have a better indication as to what the Province is proposing. Implementation Points The further consideration and/or implementation of the options outlined in this report could involve a range of potential municipal actions including, but not limited to, the undertaking of various studies and further analysis, updates to Official Plan policies, and revisions to various other planning related documents, programs and/or processes. Financial Impact Adoption of the recommendations contained in this report will not result in any financial implications beyond this year’s approved budget. Page 27 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 2 of 10 Communications There are no specific communications being proposed as part of this report, beyond those associated with the posting of this report as part of the Council agenda and circulation to the Area Municipalities for their consideration. However, additional communication may be required in order to further pursue and/or implement any Council direction and/or actions that may result from their consideration of the various options outlined in this report. Strategic Plan (2020-2022) WORKS WELL TOGETHER WELL CONNECTED SHAPES THE FUTURE INFORMS & ENGAGES PERFORMS & DELIVERS POSITIVE IMPACT 3.ii. 3.iii. 4.i. 4.ii. DISCUSSION Background Earlier in 2022, a number of Area Municipalities reached out to County staff to get a better understanding of potential options for facilitating and encouraging increased residential densities in their communities and the County as a whole. Following these initial discussions, the following motion was presented to County Council for consideration, and approved, at their May 11, 2022 meeting: ‘Whereas Oxford County recognizes that there is a need for increased quantity, variety, and attainability of housing, and; Whereas Oxford County is a prudent manager of its finances and intends to make the most effective and efficient use of municipal infrastructure in the long term, and; Whereas Oxford County values its prime agricultural land and its natural spaces, and; Whereas Oxford County values sustainability in the delivery of all services, and; Whereas Oxford County strives to create complete communities providing opportunities for all to work, live, play, and learn; Therefore be it resolved that staff be directed to bring a report to County Council to provide further information and options that could be considered by the County and Area Municipalities to better accommodate their projected residential growth through increased density within fully serviced settlement areas and minimize the need for settlement area boundary expansions.’ Page 28 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 3 of 10 As a starting point for this discussion, it is noted that the County’s Official Plan policies currently require that forecasted growth be directed primarily to fully serviced settlement areas to, among other objectives, ensure efficient use of land, infrastructure and public services and support the development of complete communities. Further, the current Official Plan policies for fully serviced settlement areas (i.e. Large Urban Centres and Serviced Villages) provide more comprehensive and detailed direction on minimum residential density, intensification and unit mix requirements, as well as flexibility and support for various forms of residential intensification (i.e. converted dwellings, re-purposing of older non- residential buildings for residential use, encouraging and promoting various forms of residential intensification in residential and mixed use areas and downtowns, criteria for establishing new medium and high density residential development sites etc.) than many other municipalities, particularly those located outside of the Greater Golden Horseshoe (GGH) growth plan. As such, the existing Official Plan policy framework provides a solid foundation upon which to build, recognizing that there are always opportunities for updates and improvement. To this end, County staff have been working on a range of initiatives and measures to facilitate and encourage increased residential density and intensification in the County’s fully serviced settlement areas including, but not limited to:  Advocating for changes to Provincial housing policy through review and comment on various housing related initiatives (i.e. PPS updates, Housing Task Force Report, Bill 109, ARU regulations etc.) and consultation with various professional groups (e.g. Ontario Professional Planners Institute, County Planning Directors etc.).  Maintaining up to date building and land supply information (including identification of underutilized lots that may have potential for intensification) and monitoring the density of all new residential development being approved throughout the County;  Initiating updates to the County’s growth forecasts and land supply analysis, including consideration of opportunities to accommodate forecasted growth through intensification.  Updating policies and zoning to facilitate the establishment of Additional Residential Units (ARUs) in a single detached, semi-detached or row house dwelling and/or within a building or structure ancillary to such dwellings throughout the County, where appropriate;  Requiring the consideration and identification of appropriate residential density targets and unit mix requirements as part of all municipally initiated secondary planning studies, particularly those being undertaken to inform and support proposed settlement expansions;  Development of a County Water and Wastewater Master Plan to, among other matters, ensure that the County can plan for the servicing capacity/infrastructure investments that are anticipated to be required to sustainably accommodate the forecasted housing and other growth in the County; and  Continuing to leverage the County’s existing policies to encourage higher densities and greater mix of uses as part of the review of new development in fully serviced areas. Page 29 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 4 of 10 In addition to the above noted initiatives, this report sets out to provide further information and options that could potentially be considered by the County and Area Municipalities to better accommodate their projected growth through increased density and intensification to minimize the need for settlement area boundary expansions. This report summarizes and expands upon a number of ideas that have been previously identified by Planning staff and is simply intended to provide a starting point for initial consideration of potential options. Comments The following commentary provides additional information and context to help facilitate the consideration of potential options for encouraging further intensification and increased density in the County. Current Residential Density Context in Oxford The current Official Plan policies establish a permitted net residential density range for development in each of the existing residential density designations (i.e. Low, Medium and High), in all eight Area Municipalities, as follows: Large Urban Centres Woodstock  Low Density – Minimum overall residential density of 22 units/ha (9 units/ac) and no development shall exceed 30 units/ha (12 units/ac)  For comparison, 30 units/net ha equates to an average lot size of 333 m2 (i.e. 11 x 30 m), which is roughly the min. R2 zone lot size for a single detached dwelling in the County’s three Large Urban Centres.  Medium Density – 31 to 70 units/ha (13-30 units/ac) with maximum height of 4 storeys  High Density – 70 to 150 units/ha (31 to 60 units/ac) Ingersoll and Tillsonburg  Low Density – 15-30 units/ha (6-12 units/ac)  Medium Density – 31-62 units/ha (13-25 units/ac)  High Density – 63-111 units/ha (26-45 units/ac) Serviced Villages  Low Density – 15-22 units/ha (6-9 units/ac)  For comparison, 22 units/net ha equates to an average lot size of approx. 450 m2 (i.e. 15 m x 30 m), which is the minimum lot size for a single detached dwelling in an R1 zone in most of the Serviced Villages.  Medium Density – 23-50 units/ha (10-20 units/ac), maximum 4 storeys.  High Density – Not currently permitted. The policies for the three Large Urban Centres also generally encourage and allow for residential intensification and higher densities in their Central Areas (i.e. in the Entrepreneurial District and Central Business District but, for the latter, typically with a ground floor commercial requirement). Page 30 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 5 of 10 Based on recent development monitoring activities, it appears that the overall average residential densities in the County have been trending gradually higher, with a shift toward smaller single detached lots and a higher proportion of multiple unit type building forms (i.e. street fronting townhouses, stacked townhouses, apartments etc.). Over the last 3 years (i.e. 2019-2021), the County has achieved an average overall residential density (i.e. comprising all unit types and both greenfield development and intensification) for new development of approximately 35 units/net ha (14 units/net ac) in the Large Urban Centres and 21 units/net ha (8.5 units/net ac) in the Serviced Villages. Although these average densities appear to be substantially higher than the minimum density requirements set out in the Official Plan, it is important to note that they include infill/intensification type developments which tend to be denser than greenfield development and, therefore, raise the overall average. Further, the average density being achieved in the County’s various communities still varies considerably. Potential Options for Increasing Density a) Establishing overall residential density and/or unit type mix requirements Given its larger size and level of existing transit services, the Official Plan policies for the City of Woodstock currently contain requirements with respect to overall residential density and unit mix for new communities, which are generally outlined as follows: New Communities - a variety of dwelling types will be accommodated within each Community Planning District such that the following dwelling mix is attainable:  Low Density 55%  Medium Density 30%  High Density 15% The overall net residential density for the Community Planning District will approximate 30 units per hectare (12 units per acre) The above noted density targets are generally in keeping with the density requirements and targets currently set out in the Provincial Greater Golden Horseshoe (GGH) Growth Plan which are summarized as follows:  Standard minimum greenfield density target of 50 people/jobs per ha for most communities (i.e. for exclusively residential, roughly the equivalent of 22 units/ha).  The target for some smaller, outer ring GGH municipalities (e.g. Brant and Haldimand Counties) is 40 people/jobs per ha.  Due to the lower employment land densities (i.e. jobs per ha) in most municipalities, residential density often needs to be higher than the 40-50 people per hectare target, in order to achieve the overall blended people/jobs target. Provincial communication material indicates that these densities tend to support walking, cycling and transit, a diverse mix of land uses, high-quality public open space and reduced greenhouse gas emissions. Page 31 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 6 of 10 For the other Area Municipalities in the County, the Official Plan policies pertaining to minimum residential density requirements are currently focused on establishing separate minimum density requirements for each of the residential land use designations (i.e. Low, Medium and High), with no overall minimum blended density target. However, planning staff typically require the identification and establishment of minimum residential density and unit mix requirements/targets as a component of any comprehensive review and secondary planning process being undertaken in support of a proposed settlement expansion. As a recent example, the secondary planning process being undertaken for the Village of Drumbo is aiming to increase the overall residential density for new development by pre-designating specific areas for medium density residential development, increasing the permitted density range for both low and medium density residential designations, and requiring that a minimum 20% of all units on sites larger than 2 ha be dwelling types other than single and/or semi- detached (e.g. townhouses or apartments). While the establishment of overall density targets and unit type splits forms part of the current standard planning process for most settlement expansions, the County and Area Municipalities may also choose to consider establishing more consistent and comprehensive Official Plan policy direction on overall density and unit mix requirements (i.e. similar to those in Woodstock) for all of the County’s fully serviced settlement areas. That said, given the numerous considerations and potential impacts associated with broad implementation of such measures (i.e. planning for infrastructure and public services, community character and urban design etc.), it is something that should be comprehensively reviewed and considered (i.e. as part of the development of a new Official Plan or a major review). Therefore, if this is an option that Council wishes to see further considered, Planning staff can include the consideration of such measures in the work plans for the upcoming updates to the County’s growth forecasts and land needs analysis, as well as the development of a new County Official Plan, which is anticipated to begin in early 2024. b) Establishing Area Specific Density Targets The only area specific density targets (e.g. for downtowns/central area and transit nodes and corridors etc.) currently contained in the Official Plan are for the Central Area (i.e. downtown area) designations in the Large Urban Centres and the transit supportive density requirements in the City of Woodstock (e.g. a minimum net residential density of 25 units per hectare for new residential communities located within 200 m of an arterial or collector road). Many of the fully serviced settlement areas in the County have sites and/or areas that have been pre-designated for medium and/or high density residential development in the Official Plan, which also serves to establish specific density requirements for those lands. Some other examples of area specific density targets include:  The GGH Growth Plan establishes a standard density target of 150 people/jobs per ha for a number the outer ring ‘urban growth centres/downtowns’ (i.e. equivalent of approx. 60 units/ha, for exclusively residential) and a similar target for major transit station areas and priority transit corridors.  The Ministry of Transportation’s (MTOs) Transit Supportive Guidelines recommend the following minimum densities within 400-800 m of a transit route: Page 32 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 7 of 10 o 22 units/ha (50 residents/jobs/ha) - basic bus transit; o 37 units/ha (80 residents/jobs/ha) – frequent transit service; o 45 units/ha (100 residents/jobs/ha) - very frequent bus service (with potential for light rail transit, or bus rapid transit) In the Oxford context, the residential density range permitted in the Central Area designation (i.e. downtown area) for all three Large Urban Centres (i.e. Woodstock, Tillsonburg and Ingersoll) would generally encompass the above noted GGH targets for strictly residential uses and be in addition to any job related density present in that area. That said, the minimum residential density that could be developed within the permitted density range for the Central Area designation could be considerably lower than the above noted GGH target. Further, there is no minimum density currently specified in the Official Plan for residential development within the Village Core designated areas of the Serviced Villages. With respect to transit supportive density requirements, Woodstock’s current requirements are generally in keeping with the minimums recommended by the MTO guidelines for supporting basic transit service. The identification of such target areas and establishment of appropriate densities, height, unit types and/or other development criteria and requirements would typically be reviewed and considered through a detailed area or urban design study and/or secondary planning process, or through comprehensive background studies undertaken in support of the development of a new Official Plan. This may also involve identifying and pre-designating additional sites and areas for increased height and density, establishing more permissive and/or supportive zoning (e.g. more ‘as of right’ type zoning and appropriate and flexible standards for denser forms of development, or considering the pros and cons of a potential development permit system approach for specific areas) and/or developing other supportive tools and measures (i.e. streamlined processes, design standards, financial incentives etc.) to support and encourage the density and intensification desired. Therefore, if there is Area Municipal interest in further pursuing the potential for establishing new and/or updated density supportive policies and other measures for specific areas in their communities, Planning staff can follow up to discuss the various studies and planning analysis that would generally need to be initiated to consider and support such potential changes. Further, Planning staff would be able to assist the Area Municipalities in initiating and coordinating any such studies and analysis, where requested. c) Reviewing the residential density requirements and criteria for specific designations As previously noted, the current Official Plan policies establish various development criteria, including net residential density ranges and, in some cases maximum height requirements, that must be met for development in the various residential designations (i.e. low, medium and high) in all eight Area Municipalities. Further, the policies for the Central Area designation in all three Large Urbans Centres also generally encourage and allow for residential intensification and higher densities (i.e. in the Entrepreneurial District and Central Business District, but for the latter, typically with a ground floor commercial requirement). Page 33 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 8 of 10 Following are some examples of the policy requirements and criteria for these land use designations that could potentially benefit from further review to facilitate increased intensification and density:  Minimum and maximum density requirements;  Permitted height and built form requirements; and  Criteria for the establishment of new sites/designations. Similar to the discussion on establishing overall residential density and unit mix requirements, given that there are numerous considerations and potential impacts that may be associated with the implementation of such measures in a particular settlement or area (i.e. planning for and design of infrastructure and public services, community character and urban design etc.), these matters should be comprehensively reviewed and considered (i.e. as part of the development of a new Official Plan or a major review). Therefore, if this is an option Council feels would benefit from further consideration, Planning staff can undertake a review of some or all of these policy requirements to determine if there are any initial amendments that could be considered within the scope of the County’s current Official Plan review process. That said, comprehensive review and update of these policy requirements is expected to be undertaken as part of the development of a new County Official Plan (i.e. beginning in early 2024). d) Other Potential Tools and/or Measures The following are some other tools and measures that could potentially be considered to facilitate and encourage increased density in the County and reduce the need for settlement expansions to accommodate forecasted growth:  Continuing to ensure that all new housing growth, other than minor infilling and minor rounding out within existing settlement boundaries, is directed to the County’s fully serviced settlement areas to ensure efficient use of land and infrastructure;  Reviewing local zoning provisions and site plan requirements, infrastructure and development standards and other municipal requirements and processes, to ensure they provide the necessary flexibility to accommodate the form of development and density desired in each community and/or area;  Review of Community Improvement Plan (CIP) programs, Development Charges and other financial tools, to identify potential further opportunities to support, and where possible encourage, intensification and increased density (i.e. in downtowns and other potential target areas);  Working to ensure each Area Municipality has sufficient water and wastewater servicing capacity to sustainably accommodate their forecasted housing growth in a fully serviced settlement area. Further, that a reasonable amount of servicing capacity is reserved for infill and intensification projects and that the allocation of servicing capacity for such projects is generally given priority over greenfield development;  Ensuring appropriate phasing of development and infrastructure to help ensure intensification objectives in each community are being achieved prior to, or concurrent with, development of greenfield lands. Page 34 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 9 of 10 Potential Provincial Actions and Changes It is Planning staff’s understanding that the Province is in the process of considering further actions to eliminate potential barriers to the provision of increased housing supply in the Province. This is expected to include further consideration and implementation of the various recommendations contained in the Report of the Ontario Housing Affordability Task Force (February 8th, 2022), a number of which relate directly or indirectly to facilitating increased density. Planning staff will ensure Council is kept apprised of any Provincial announcements in this regard, which are currently anticipated before year end. It is expected that the above noted Provincial actions could potentially have a substantial impact on the Provincial legislative and policy framework within which the municipal options for encouraging and facilitating increased density, as outlined in this report, would need to be considered. As such, Planning staff would suggest that any formal consideration of specific changes be delayed until early in the new year to hopefully get a clearer understanding of any proposed Provincial changes, and their potential implications for municipal level actions, before proceeding with any local changes. Conclusions As requested by Council resolution, the purpose of this report is to provide background information and potential options that could be considered by the County and Area Municipalities to better accommodate their projected growth through increased density and intensification in order to minimize the need for settlement area boundary expansions. The intent is that this report will provide the basis for initial discussion and consideration of potential options and next steps. As noted in this report, the County and Area Municipalities are already undertaking a number of actions to facilitate and encourage increased density in the County. However, it is also recognized that more could be done. As such, Planning staff have set out some potential initial options for Council’s consideration, with the understanding that some of these measures may take more time and effort to consider and implement than others, and that there are Provincial changes anticipated to be announced in the near future that could impact potential municipal actions. Therefore, Planning are recommending that this report be received for information and circulated to the Area Municipalities for their consideration and, where requested, further discussion with Planning staff on some of the potential options. Once further information is available with respect to any proposed Provincial actions with respect to housing policy, planning staff will prepare a follow report for Council’s further consideration. Page 35 of 342 Report No: CP 2022-397 COMMUNITY PLANNING Council Date: October 26, 2022 Page 10 of 10 SIGNATURES Report Author: Original Signed By Paul Michiels Manager of Planning Policy Departmental Approval: Original Signed By Gordon K. Hough Director of Community Planning Approved for submission: Original Signed By Benjamin R. Addley Interim Chief Administrative Officer Page 36 of 342 Community Planning P.O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca MEMO DATE: Monday, November 7, 2022 TO: All Area Municipal CAOs and Clerks FROM: Gordon Hough, Director, Community Planning RE: County Council Report CP 2022-407 – Provincial Consultation on Bill 23, More Homes Built Faster Act, 2022 On November 9, 2022, Community Planning report CP 2022-407 – Provincial Consultation on Bill 23, More Homes Built Faster Act, 2022 will be presented to the Council of the County of Oxford. The Province is undertaking consultation on Bill 23, the More Homes Built Faster Act and a number of other initiatives. This consultation is being undertaken through a series of postings on the Environmental Registry of Ontario (ERO), with aggressive commenting deadlines of November 24, 2022 for most of the proposed legislative and regulatory changes and December 30, 2022 for most of the other proposed changes. The report contains the following recommendation: 1.That the Director of Community Planning, in consultation with other County staff as required, prepare and submit the County of Oxford’s formal comments in response to the Provincial consultations on Bill 23, More Home Built Faster Act, 2022 and other related ERO postings, as generally outlined in Report No. CP 2022-407; Attached is a copy of the report, for your review. Should you have any questions, please reach out to your municipality’s assigned Planner as soon as possible. Sincerely, Gordon K. Hough Director Community Planning Page 37 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 1 of 19 To: Warden and Members of County Council From: Director of Community Planning Provincial Consultation on Bill 23, More Homes Built Faster Act, 2022 RECOMMENDATION 1. That the Director of Community Planning, in consultation with other County staff as required, prepare and submit the County of Oxford’s formal comments in response to the Provincial consultations on Bill 23, More Home Built Faster Act, 2022 and other related ERO postings, as generally outlined in Report No. CP 2022-407; REPORT HIGHLIGHTS  The Province is undertaking consultation on Bill 23, the More Homes Built Faster Act and a number of other initiatives. This consultation is being undertaken through a series of postings on the Environmental Registry of Ontario (ERO), with aggressive commenting deadlines of November 24, 2022 for most of the proposed legislative and regulatory changes and December 30, 2022 for most of the other proposed changes.  This report provides an overview of the various legislative amendments currently being proposed through Bill 23, including changes to the Planning Act, Development Charges Act, Conservation Authority Act, Conservation Act and others. Various other changes being proposed as part of this Provincial consultation process (i.e. review of Places to Grow and the Provincial Policy Statement, natural heritage protection, natural hazard regulations, Building Code etc.) will covered in a subsequent staff report.  Given the extremely tight review and commenting deadline provided by the Province, County staff are seeking County Council direction to prepare and submit comments in response to the proposed Bill 23 changes and related ERO consultations on behalf of the County. These comments are expected to focus primarily on the more significant proposed changes to the legislation and associated regulations, as generally outlined in this report. Implementation Points The recommendations contained in this report will have no immediate impacts with respect to implementation. However, if implemented as proposed, a number of the proposed legislative changes and other actions would have significant implications for the local implementation of land use planning, development charges, environmental and heritage protections, and various other matters and, as such, may require potential review and/or update of various County and Area Municipal policies, processes and standards. Page 38 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 2 of 19 Financial Impact If enacted, a number of the proposed legislative and regulatory changes identified in this report could have significant financial impacts for the County and Area Municipalities, including municipal revenues and the need for additional staffing and other resources. Communications Communication is proposed to be through the inclusion of this report on the County Council agenda and related communications. Further, given the extremely short commenting deadlines, the report has also been circulated to the Area Municipalities for their review and consideration. Strategic Plan (2020-2022) WORKS WELL TOGETHER WELL CONNECTED SHAPES THE FUTURE INFORMS & ENGAGES PERFORMS & DELIVERS POSITIVE IMPACT 3.ii. 3.iii. 4.i. 4.ii. DISCUSSION Background On October 25, 2022, the Province initiated consultation with respect to a range of legislative changes, policies and other actions being considered or proposed as part of the second phase of their 2022 housing supply action plan (i.e. More Homes for Everyone Plan) and associated More Homes Built Faster Act (Bill 23), which received first and second reading on October 25, 2022. This consultation process was initiated through a series of postings on the Environmental Registry of Ontario (ERO). According to the Province’s consultation materials, the current postings are intended to comprise the third phase of ‘Housing Supply Action Plans’ that the Province has been utilizing to implement the various recommendations in the Provincial Housing Affordability Task Force’s report, which was released earlier this year. A summary of the key legislative and other changes introduced through the previous phases (i.e. More Homes for Everyone Act and related Housing Supply Action Plan) was provided to Council earlier this year through report CP 2022-180. It is noted that the County and various other municipalities, public bodies and organizations submitted comprehensive comments and suggestions in response to the previous phases of the Province’s housing supply action plan consultations. However, it does not appear that the Province made any substantial changes or adjustments to the proposed legislation or associated regulations in response to the feedback provided. That said, it is not yet clear to what extent, if any, the previous feedback provided on the various housing related discussion topics (i.e. rural Page 39 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 3 of 19 housing needs, opportunities to increase missing middle housing, and access to financing for not-for-profit housing) has been considered and/or reflected in the current proposals. The consultation on the current postings represents the first, and likely only, opportunity to review and provide feedback on the specific changes being proposed and/or considered by the Province as part of their Phase 3 Housing Supply Action Plan. That said, the 30 day consultation period provided for most of these postings (i.e. comments due by November 24th) will provide very little time for municipalities to properly assess and comment on the potential impacts of the proposed legislative and other changes or to identify/formulate well reasoned approaches and alternatives. The focus of this report will be on providing Council with an overview of the proposed legislative and regulatory changes (e.g. Planning Act, Development Charges Act, Heritage Act, Local Planning Appeal Tribunal Act, Conservation Authority Act etc.) and related comments and concerns, as they have the shortest commenting time frame (i.e. 30-45 days). A subsequent staff report (or reports) will be prepared to provide more detail on the proposed changes, particularly those that have been given a somewhat longer review and commenting timeframe (i.e. 60 days). The following graphic provides a summary of the various ERO postings and how staff are intending to keep Council apprised of the proposed changes and related comments and concerns. Potential ERO Comment Update Report Further details/insights on ERO Postings above, and: Update on any new information Update on responses to ERO postings with 30 to 45 day closing dates Report Introducing to Legislative, Regulatory and Related Changes Focusing on ERO Postings: Overview of the consultations on More Home Built Faster, Bill 23, ERO 019-6162 Providing initial information and overview on: Municipal Housing Targets. ERO 019-6171 Proposed Planning Act and Development Charges Act changes (as part of Bill 23) ERO 019-6172 Proposed Planning Act changes (including ARUs) ERO 019-6163 Conservation Authority Act Changes ERO 019-6141 Updates to Wetland Evaluation System ERO 019-6160 Updates to the Ontario Heritage Act ERO 019-6196 Changes to O. Reg 232/18 Inclusionary Zoning ERO 019-6173 Changes to O. Reg 299/19 Additional Residential Units ERO 019-6197  ERO Comment Deadlines November 24, 2022 and December 9, 2022  Report to County Council November 9, 2022 Report Responding to the Provincial Policy Review, and Related Changes Focusing on ERO Postings: Review of A Place to Grow and Provincial Policy Statement ERO 019-6177 Changes to Natural Heritage Protections (Offsetting) ERO 019- 6161 Proposed updates to the Regulation of Natural Hazards in Ontario ERO 019-2927 Updates on any new information, ERO postings or related materials  ERO Comment Deadlines December 30, 2022  Report to County Council December 14, 2022  Report to County Council November 23, 2022 (if necessary) Page 40 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 4 of 19 Commentary Some of the most noteworthy changes and actions currently being proposed by the Province and potential implications and considerations for the County and Area Municipalities are outlined as follows: 1. Proposed Changes to the Planning Act (PA) An overview of the key changes to the PA being proposed through Bill 23, and associated comments and considerations, is provided as follows: a) Third Party Appeals The Planning Act currently allows for third-party appeals (i.e. not the applicant or municipality) of most Planning Act applications. These third party appeal rights with respect to Official Plans, Zoning By-Laws, Minor Variances and Consents are proposed to be eliminated by requiring that an appellant be a public body (i.e. municipality, ministries, agencies etc.), or a ‘specified person’. ‘Specified persons’ are proposed to be limited to public bodies such as OPG, Hydro One, railways, and telecommunication infrastructure providers. This limit on third-party appeal rights also applies to appeals of municipally initiated applications and will apply to existing appeals that have not received confirmation of their scheduled hearing date prior to October 25, 2022. Related Comments and Considerations Unlike the current restrictions on third party appeals in the Planning Act (e.g. for municipal comprehensive review amendments and additional residential unit polices/zoning), which are primarily limited to planning applications initiated by municipalities, the proposed changes to third party appeal rights would apply to all planning applications, even those that are privately initiated. Although this could potentially assist in reducing uncertainty for developers and potential delays in getting new housing developments approved (i.e. by eliminating frivolous and/or vexatious appeals and those simply based on NIMBYISM), it could also increase pressure on Councils to approve developments that are not consistent with local policies and requirements, as such decision could no longer be appealed by a third party. Finally, it is noted that third party appeals would be eliminated for all types of planning applications (i.e. commercial and industrial uses, aggregates etc.), not just those for new housing. b) Site Plan Control Following are some of the key changes to municipal site plan control authority that are currently being proposed:  Exempting any residential development that contains no more than 10 residential units from site plan control (note: this exemption would also appear to apply to applications submitted prior to the date Bill 23 comes into effect). Page 41 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 5 of 19  The following would apply to site plan applications submitted after Bill 23 comes into effect: o Eliminating the ability of a municipality to require drawings showing matters of exterior design and expressly excluding ‘exterior design’ from site plan control. However, matters relating to exterior access to a building that contains affordable housing units can still be reviewed. The current site plan provisions in the PA allow a municipality to require the submission of drawings showing the exterior design of a new building, include its character, scale, appearance, and design features to be required. o Adding a further limitation that the appearance of the elements, facilities, and works on municipality owned lands or highways adjacent to the development site are not subject to site plan control, unless their appearance impacts matters of health, safety, accessibility, or the protection of adjoining lands. Related Comments and Considerations The Provincial consultation material suggests that the rational for these proposed changes is to reduce delays in the development approval process and associated costs. In Oxford, site plan applications are generally processed in a very short time frame and the application fees are minimal. Further, the site plan approval process currently provides the primary mechanism for reviewing and regulating a broad range of important site design related matters including, but not limited to, access, parking and loading, servicing, drainage, landscaping/buffering, lighting and building location, orientation and design. In Oxford, the approval of site plans is delegated to staff and cannot be appealed (except by the applicant), so presents very limited uncertainty for housing development. Therefore, it is not clear how eliminating the use of site plan control for smaller residential developments and the regulation of exterior design and landscaping would significantly reduce development approval time frames and/or costs, particularly where the process is similar to those in Oxford. Further, these proposed limitations will likely result in municipalities developing and/or utilizing other, potentially less flexible and/or effective tools and approaches (i.e. detailed zoning requirements and/or development standards), to properly regulate such developments and matters. As such, staff would suggest that the Province be advised not to proceed with these proposed changes and continue to leave the use of the site plan control for such purposes to the discretion of municipalities. Instead, the focus should be on ensuring municipal site plan application fees are reasonable and that municipalities are providing clear and reasonable expectations for exterior design at the pre-consultation stage and not unduly delaying approvals simply due to minor exterior design concerns. c) Public Meetings for Plans of Subdivision The current requirement that a public meeting be held by an approval authority for the purposes of giving the public an opportunity to make representations in respect of a proposed plan of subdivision is to be eliminated. Page 42 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 6 of 19 Comments/Considerations The Province has indicated that the intent of these proposed changes is to streamline subdivision approval process. In that regard, staff note that the approval timeframe for a typical subdivision in Oxford is already substantially less than in most GTA municipalities. Further, the public meeting (PM) process can sometimes provide useful feedback that can be used to improve or modify the subdivision design, and/or include conditions of approval, that can assist in addressing or eliminating many concerns. The removal of the PM requirement would appear to eliminate the need to provide notice 20 days in advance of the County Council meeting at which the application is being considered (typically the same meeting as the PM in Oxford) and the opportunity for the public to speak to the application, without the need to register as a delegation. In Oxford, the statutory PM is held by County Council and typically adds very little time to the overall process, as the majority of the feedback is obtained through the non-statutory PM held by the Area Municipality as part of their consideration of the application. So, it is not clear how much this change would speed up the overall consideration and approval of such applications. If the non-statutory PM at the area municipal level were also to be eliminated, it may simply increase the number of delegation requests for that meeting. If enacted as proposed, this change will require discussion with the Area Municipalities to determine the desired process moving forward. d) Additional Residential Units (ARUs) The Province has indicated that changes to the Planning Act provisions and associated regulations (O. Reg. 299-19) for Additional Residential Units (ARUs) are being proposed to create more ‘gentle density’, by increasing the number of residential units in urban areas. These proposed changes would repeal the existing requirements for municipal official plans and zoning by-laws to contain policies and provisions that authorize the use of ARUs in a single detached, semi-detached or townhouse dwelling and/or in a structure ancillary to such dwelling. This requirement would be replaced by new provisions that would not allow any official plan or zoning by-law to prohibit the use of up to three residential units on a ‘parcel of urban residential land’. A ‘parcel of urban residential land’ being generally defined as a parcel of land that is within an area of settlement on which a residential use, other than an ancillary residential use, is permitted and that is served by municipal water and sewage services. Further, municipalities would not be able to require more than one parking space per unit or set a minimum floor area for such units. If enacted, this change would appear to allow for up to three residential units on most residentially zoned lots in a fully serviced settlement area (i.e. up to three units in the principal dwelling, or one unit in an ancillary structure and up to two units in the principal dwelling), subject to whatever additional limitations and/or criteria for such units might be set out in the updated ARU regulations. Page 43 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 7 of 19 The proposed changes would also remove the ability to appeal any proposed official plan policies or zoning provisions to authorize the use of up to three units on a lot permitting a residential use, other than an ancillary residential use, that is located outside of a fully serviced settlement area (i.e. up to three units in the principle dwelling, or one unit in an ancillary structure and up to two units in the principle dwelling). It appears that the intent of the amendments to the ARU regulation is primarily to remove provisions that are no longer needed and make housekeeping edits to align with the proposed legislative changes. However, the details of the proposed amendments to the regulation are not available and are not expected to be during the commenting period. Finally, as discussed elsewhere in this report, such units are also proposed to be exempt from development charges, parkland dedication/cash-in-lieu and site plan control. Related Comments and Considerations The proposed legislative changes would maintain the current maximum of three units per lot, but now allow for all 3 of those units to be located within the principal dwelling (i.e. would no longer be limited to one in the principal dwelling and one in an ancillary structure). The new wording of the provisions would also seem to indicate that it would no longer be mandatory for municipalities to enact policies and zoning to authorize the use of ARUs on lots that do not meet the definition of a ‘parcel of urban residential land’ (i.e. lots outside of a fully serviced settlement area). Further, the added qualifier ‘other than an ancillary residential use’ suggests that such units may no longer be permitted on lots where residential is not the primary use (i.e. ICI and agriculturally zoned lots). Beyond the proposed limitations on the number of parking spaces and minimum unit area that can be required for units located on a ‘parcel of urban residential land’ there do not appear to be any other limitations on such units, beyond what might be set out in the updated ARU regulations. As such, it will be important to clarify whether municipalities will still be able to specify other development criteria, such as ensuring adequate servicing capacity and specifying maximum floor areas for such units, provided such criteria do not have the effect of prohibiting such units on a general basis. Therefore, if these proposed changes are enacted, it would appear that the existing and proposed Official Plan policies for ARUs would likely need to be reviewed and revised to, among other matters, address the ability to have up to 3 units in a principal dwelling, remove any limitations on ARUs in fully serviced settlement areas that would ‘prohibit’ such units, recognize that site plan control is no longer an available tool, and clarify whether/how such units would continue to be permitted on agricultural lots. Further, if ARUs are to be permitted ‘as of right’ in all fully serviced settlements, it could have significant impacts on servicing capacity, particularly for smaller rural systems, so will need to be given close consideration. Page 44 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 8 of 19 e) Ministerial Amendments to Official Plans The Planning Act currently contains provisions that allow for the Minister, where they are of the opinion that a matter of provincial interest as set out in a policy statement issued under section 3 of the Planning Act (e.g. PPS 2020), is, or is likely to be affected by an official plan (OP) of a municipality, to request that the council adopt certain amendments to their OP or directly make the specified amendment to the OP. These existing provisions are proposed to be replaced with a much more streamlined process, which would allow the Minister to simply order an amendment to an OP if the Minister is of the opinion that the plan is likely to adversely affect a matter of provincial interest. Related Comments and Considerations The intent and/or impact of this proposed change is not entirely clear. If it is to make it easier for the Province to simply amend or modify local OP policies anytime they do not like a particular policy (i.e. not just as part of their normal review/approval of new OPs and comprehensive amendments), that would be of considerable concern. However, if it is simply to allow the Province to ensure that specific matters of Provincial interest (e.g. ARUs, major transit station areas etc.) are being addressed by municipalities in their OPs in a timely and appropriate manner, that may be reasonable. As such, this is a change that will need to be closely monitored. f) Capping Community Benefit Charges (CBCs) The Planning Act (PA) currently allows for a municipality to pass a by-law to allow the collection of CBCs from residential development that is 5 or more storeys in height and contains more than 10 dwelling units, to cover the costs of various community benefits (e.g. public art, day care, public spaces etc.) that are not covered by development charges. The PA states that the amount of a CBC payable in any particular case shall not exceed an amount equal to four per cent of the value of the land as of the valuation date. Bill 23 proposes to introduce a “cap” on the total amount of a CBC that may be payable in any given case through the introduction of a new calculation based on the ratio of the floor area of new buildings to the total floor area of all buildings on the site (i.e. would only apply to new buildings on a site). Related Comments and Considerations As there are currently no CBC by-laws in place in Oxford, this proposed change would have no immediate implications. However, some municipalities in Oxford have been considering the potential merits of implementing a CBC by-law, so this proposed change is something that should be taken into consideration as part of that process. Page 45 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 9 of 19 g) Parkland Dedication Requirements Following is a summary of some of the key changes being proposed to current parkland dedication requirements: Maximum Parkland Rates The maximum amount of parkland that can be conveyed is now proposed to be as follows:  for developments or redevelopments that include certain defined classes of affordable units, shall not exceed five per cent of the land multiplied by the ratio of the number of affordable units to the total number of units in the development (i.e. only applies to the units that are not affordable or attainable units).  the maximum alternative rate is to be reduced from one hectare for each 300 dwelling units to one hectare for each 600 net residential units for conveyance of land, and from one hectare for each 500 dwelling units to one hectare for each 1,000 net residential units for cash in lieu. Net residential units exclude any existing residential units and/or affordable residential units. The maximum amount of land, or value of the land, that can be required using the alternative rate remains limited to 10 per cent for developments that are less than five hectares and 15 per cent for developments over five hectares. Exemptions for Non-Profit Housing and Additional Residential Units The proposed legislation also exempts non-profit housing developments, as defined in the DCA, 1997 and up to two additional residential units within a detached, semi, or row house, or ancillary building on the same lot from parkland dedication. Timing for Calculation of Parkland Contribution Parkland contributions would now be calculated on the day the site plan application was submitted or the zoning by-law amendment passed, whichever is later. In cases where neither application is required, the parkland contribution would be calculated on the day the first building permit is issued. Parkland contribution amounts calculated at the rezoning/site plan stage only remain valid if a building permit is issued within two years. If not, the contribution value is calculated based on the applicable rate on the day of the first building permit. Park Plan Requirements Municipalities will now be required to prepare a parks plan prior to the passing of a new parkland dedication by-law. Previously, a parks plan was only required to be completed prior to adopting official plan policies regarding parkland dedication and use of the alternative rate. Page 46 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 10 of 19 Identification of Parkland by Owner At any time before obtaining a building permit, an owner can now identify which portions of their development lands that they propose to be conveyed to the municipality in full or partial satisfaction of their parkland dedication requirement. The identification of suitable parklands will be subject to prescribed requirements in a future regulation, so the criteria are not yet known. The Act also states that these lands can include stratified parcels, lands encumbered with easements or below-grade infrastructure, and non-fee simple interests such as privately owned publicly accessible spaces. In the case of non-fee simple interests and publically accessible spaces, the proposed legislation gives municipalities the ability to require that owners enter into agreements registered on title to secure the public use of those spaces. The owner may also appeal a municipality’s refusal to accept their proposed conveyance of parkland to the OLT, who will then determine whether the proposed parkland meets the prescribed criteria to be set out in the proposed regulation noted above. Requirement to Spend Parkland Monies All monies received by a municipality as payment in lieu of parkland, along with all proceeds from the sale of lands received as a parkland dedication, must be held by the municipality in a special account. Starting in 2023, a municipality must spend or allocate at least 60 per cent of the money in the special account at the beginning of each year. Related Comments and Considerations If passed, it appears the above noted changes to the parkland dedication provisions could have a significant impact the amount, location and nature of the parkland that can potentially be secured through the parkland dedication requirements for new development. Therefore, the area municipalities may wish to begin considering what impact these changes may have on their current parkland planning and dedication processes and requirements, including the need to develop or update their parks plans. As planning for and dedication of parkland is primarily an area municipal responsibility, this is one of the proposed Planning Act changes that municipal staff may wish to prepare and submit more detailed comments to the Province on and/or share with County staff so that they can be incorporated into the County’s submission. h) Upper Tier Planning Responsibilities It is proposed that the Planning Act would now categorize upper-tier municipalities as either an “upper-tier municipality with planning responsibilities” or an “upper-tier municipality without planning responsibilities”, with the later list currently proposed to include the Regions of Durham, Halton, Niagara, Peel, Waterloo, and York and the County of Simcoe. All other upper tier municipalities (i.e. all Counties except for Simcoe) would continue to retain their planning responsibilities (i.e. remain status quo), although there is provision for additional upper-tier municipalities to be identified through regulation. Page 47 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 11 of 19 Related Comments and Considerations This proposed legislative change does not apply to Oxford and other counties (except Simcoe). This is understandable, given that the Province’s stated rationale for this change is to reduce duplication and that does not tend to be a particular issue in such jurisdictions. Even in the jurisdictions that are identified, it is not apparent what duplication the Province believes these changes would eliminate, other than potentially the need for both an upper tier and lower tier Official Plan amendment to facilitate certain developments. i) Inclusionary Zoning Proposed changes to the Inclusionary Zoning provisions would establish an upper limit on the number of units that would be required to be set aside as affordable, set at 5% of the total number of units (or 5% of the total gross floor area of the total residential units, not including common areas). Related Comments and Considerations To evaluate the potential implications of this change for Oxford, further information is required to determine if there are intended to be any changes to the scope or applicability of inclusionary zoning, as it currently only applies to Protected Major Transit Station Areas (which do not apply to Oxford) or where a Community Planning Permit System is in effect. 2. Proposed Changes to the Conservation Authority Act (CAA) and Wetland Regulations a) Conservation Authority Act – General As part of Bill 23 the Province is proposing further amendments to the CAA. These changes build from the previous changes to the CCA (as previously outlined in reports CP 2021-234 and CP 2022-48. Going forward, all programs and services delivered by Conservation Authorities (CAs) must fall within one of three categories: mandatory programs and services (prescribed by the Province); non-mandatory programs and services requested by a municipality; and, non- mandatory programs and services an authority determines are advisable. CAs and Municipalities were given until January of 2024 to develop related agreements and update funding structures for all non-mandatory programs and services requested by a municipality. Bill 23 is now proposing specific changes to limit CAs ability to participate in any development related proposal to only those mandates prescribed by the Province (e.g. natural hazards). More specifically it would prohibit municipalities and CAs from entering into agreements to provide review or support functions for various projects or applications including, but not limited to, the Planning Act, Aggregate Resources Act and Environmental Assessment Act. The proposed changes are also proposing to freeze the fees CAs charge for all programs and services at current levels – including for review of development applications and permits issued by the CAs. Page 48 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 12 of 19 Related Comments and Considerations In Oxford, the review of Planning Act applications for environmental planning matters, such as Environmental Impact Studies (EISs), is currently coordinated with and undertaken by the applicable CA (where they have the necessary capacity and technical knowledge), or through peer review services. The proposed changes would appear to prevent the County and area municipalities from continuing to rely on the CAs for any development related services (other than for areas associated with natural hazard as discussed below). In turn, this would mean the review of EISs for Planning Act applications, as well as for other types of projects (e.g. aggregate operations, wind farms, environmental assessments, etc.) would have to be completed through other means. This could result in new/additional costs (i.e. staff and/or peer review services) that could impact current and/or future budgets, so will need to be considered in greater depth. In addition, the freezing of CA fees has the potential to increase costs which are directed to the municipal levy. These costs may not be significant initially, but may increase more substantially over time, as there is no indication in the legislation how long the freeze is intended. Some initial responses being suggested by staff in this regard are as follows:  Municipalities should retain the option to enter into agreements with CAs, with clearly defined terms, fee structures, timelines, etc. as currently allowed under the CA Act. If municipalities wish to use CA’s to assist in delivering development review functions they should be able to do so.  CAs should retain the ability to increase fees in order to ensure costs for providing development related services are covered and not unintentionally shifted to municipal levies. Other options to freezing fees should be considered, such as limiting or capping the fees ability to exceed the cost of providing the program or service they are supporting. b) CA Permits for Natural Hazards Bill 23 is proposing a series of changes regarding the restrictions and requirements CAs will be responsible for as it relates to natural hazards. These changes include:  Creating an exemption from CA permits for Planning Act applications where specific requirements are met. The specific municipalities where this would be applicable and the requirements/conditions that would have to be met for the exemption would be prescribed through a future regulation;  Scoping the matters CAs can consider when issuing a permit by removing “conservation of land” and “pollution” and adding “unstable soils and bedrock”. “Flooding”, “erosion” and “dynamic beaches” would be maintained. Updates to the definition of ‘watercourse’ are also proposed; Page 49 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 13 of 19  Updating the timelines for appealing an authorities failure to issue a CA permit from 120 to 90 days;  That CAs identify lands they own that could support housing and development; and  Requiring CAs to issue permits where a project is subject to the Community Infrastructure and Housing Accelerator order and allowing the Minister to review and amend permit conditions, among other powers. Related Comments and Considerations Exemptions to CA permits for Planning Act applications will put additional planning review responsibilities on the County and Area Municipalities. Given the lack of information regarding the scope of exemptions (other than it being exclusive to Planning Act applications), it is unclear whether municipalities will be expected to have staff with the technical expertise on flooding impacts, hydrological and hydraulic modeling, as well as related flood protection measures and details in order to determine and impose requirements on development. In addition, the intent of the proposed change is less than clear, as Planning Act applications themselves are not subject to a CA permit, just the activity that requires the building permit. It is also unclear which Planning Act applications would be exempted and when. Further, these additional responsibilities would likely create additional costs, risk and liability for municipalities, particularly as they relate to the potential impacts of development in areas of natural hazards. Some initial responses being suggested by staff in this regard are as follows:  Keep all existing natural hazard-related responsibilities with CAs, as they already have the technical knowledge, capacity and resources to implement necessary restrictions and requirements where development is proposed in areas of natural hazards. Existing processes are already established to integrate these requirements and information, changes to processes could create further delays in development timelines.  Look for ways to streamline or establish greater consistencies on permit requirements and conditions that are imposed on CA permits, without downloading responsibilities to municipalities, for development applications.  Consider improving language (through the PPS update) on how natural hazards should be considered through Planning Act requirements and how CAs and municipalities should integrate information into municipal planning documents.  Update the 2001 Provincial natural hazards manual and address how municipalities and CAs are to plan for the impacts of a changing climate with respect to natural hazards. c) Ontario Wetland Evaluation Systems (OWES) updates The Ontario Wetland Evaluation System (OWES) provides the current science based approach for evaluating wetlands in Ontario. OWES is the process which establishes ‘evaluated’ wetlands, including those that are provincially significant wetlands (PSWs). OWES evaluations, including for complexing, are approved by the Province. Currently under Page 50 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 14 of 19 the PPS no development is permitted in PSWs due to their importance for the protection of water quality, biodiversity, flood control, ground water recharge, etc. Related Comments and Considerations Municipalities are proposed to be delegated the responsibility to review and approve OWES evaluations, maintain wetland information including the confirmation of wetland boundaries. This would duplicate existing processes and agreements between the Province and CAs where CA wetland boundary confirmations for CA regulation purposes are accepted by the Province as OWES wetland limits. This could require the need for additional staff and/or resources (e.g. ecologist, GIS) to establish a process to maintain, review and update wetlands information. It appears that the science-based approach that provides support for the long term protection and conservation of wetlands is largely being removed from the OWES manual. This includes the removal of considerations for endangered and threatened species from wetland evaluations and removing ecosystem level concepts including complexing. This will weaken wetland protections from development long term. Some initial responses being suggested by staff in this regard are as follows:  The consideration of endangered and threatened species and their habitat needs should remain a part of the OWES methodology, as should requirements for the complexing of wetlands.  If OWES responsibilities are to be downloaded from the Province it should be to CAs, as they already maintain wetland information for the purposes of implementing their regulation. This would maintain existing efficiencies and use existing capacity and expertise. It would also support other mandatory CA programs including the regulation of hazard lands, and the preparation of watershed management plans and related programs. 3. Proposed Changes to the Development Charges Act, 1997 (DCA) Following is a brief summary of the various amendments to the DCA that are currently being proposed and have been prepared in consultation with County Corporate Services staff: New Development Charge (DC) Exemptions The following types of development are proposed to be exempt from DCs:  the creation of additional residential units, subject to the limitations set out in the Act;  affordable residential units and attainable residential units;  non-profit housing developments; and  inclusionary zoning residential units. Page 51 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 15 of 19 A new definition for ‘non-profit housing development’ is proposed along with criteria for what constitutes an “affordable residential unit,” an “attainable residential unit”. Future regulations will prescribe developments or classes of developments that will be considered “attainable housing units.” Phasing in of DC Rates The proposed changes would limit the percentage of the maximum DCs that could have otherwise been charged during the first four years a new DC by-law is in force, to not more than 80, 85, 90 and 95 per cent, in each of the respective four years. These same reductions would also be applicable to DC by-laws passed on or after June 1, 2022, and before the day the applicable subsection of Bill 23 comes into effect. Cap on Interest Charged New provisions are proposed to cap the “maximum interest rate” municipalities can charge in certain circumstances (i.e. where the DCA allows installment payments for DCs for institutional and rental housing development and for the DC rate to be set at the site plan or zoning application stage) to prime rate plus one percent. Reduced DCs for Rental Housing The total development charge determined under the development charge by-law for a residential unit intended for use as a rented residential premises with three or more bedrooms is proposed to be reduced by 25 per cent, reduced by 20 per cent for two bedroom units and reduced by 15 per cent for all other residential units intended for use as a rented residential premises. A definition of “rental housing development” is also proposed to be added to the DCA (i.e. development of a building or structure with four or more residential units all of which are intended for use as rented residential premises). Requirement to Spend Accounts Beginning in 2023, and at the beginning of each calendar year thereafter, municipalities would be required to spend or allocate at least 60 per cent of the monies that are in a reserve fund for water and wastewater services and services related to a highway, as defined in the Municipal Act, 2001. Expiration of Development Charge By-laws Currently, the DCA provides that, unless it expires or is repealed earlier, a DC by-law expires five years after it comes into force. This period is proposed to be extended to 10 years. Page 52 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 16 of 19 Changes to Eligible Costs Changes to the method for determining development charges in section 5 of the DCA are being proposed, including to remove the costs of certain studies from the list of capital costs that are considered in determining a development charge that may be imposed (i.e. housing services and costs of studies). Related Comments and Considerations Further clarification is required with respect to:  the phasing in of the DC rates, as the current wording in Bill 23 does not clearly outline if the phasing is only applicable to new DCs or also to changes in the amount of existing development charges;  the requirement to spend or allocate 60% of monies in a DC reserve annually, as some projects being accounted for are longer-term projects. Also, whether this requirement needs to consider projects in the current year only, or also those within the 10-year capital planning horizon; and  how reporting of compliance with the above metric is to be accomplished. The proposed DCA changes will shift costs associated with growth to existing residents, from both a water and wastewater rates perspective and a tax levy perspective. The County anticipates completing a water and wastewater rates review in 2023 and will incorporate any known impacts resulting from the Bill 23 changes, if enacted. In the event that Bill 23 is not enacted prior to the completion of the study, additional review of the rates may be required. In terms of the proposed change to the review period from 5 to 10 years, County staff are of the opinion that the extended period may inhibit municipality’s ability to collect development charges during periods of significant growth and/or inflation, like what has occurred within the current 5-year planning period. Clarification to ensure municipalities retain discretionary right to update their development charge by-laws at any time during the review period should be sought. Finally, given that the proposed changes to the DCA will result in an increased administrative burden at the both the County and Area Municipal levels, resource requirements will need to be monitored. The County’s Manager of Housing Services has identified a number of questions and concerns with respect to these proposed changes including, but not limited to, the removal of housing services from the list of eligible DC services, the proposed definitions of affordable housing and attainable housing, DC discounts for rental housing development. 4. Proposed Changes to the Ontario Heritage Act (OHA) Amendments to the OHA are being proposed, primarily to the sections of the Act regarding Provincial heritage properties (i.e., properties owned by the Province and prescribed public bodies), the municipal register and Heritage Conservation Districts (HCDs). Page 53 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 17 of 19 Under the OHA, municipalities must maintain a register that lists all properties in the municipality that have been designated by the municipality, or by the Minister under the Act. This register may also include non-designated properties that ‘the council of the municipality believes to be of cultural heritage value or interest’ (i.e. ‘listed’ properties). The proposed changes would require that all non-designated properties proposed to be added to the register meet at least one of the prescribed criteria for determining cultural heritage value or interest (O. Reg. 09/06), which currently serve as criteria for municipal designation, and that the municipality move to designate the property within 2 years of adding them to the register or remove the property from the register. All municipalities would also be required to make an up-to-date version of the register (i.e., designated and non-designated ‘listed’ properties) publicly available on their website. Under the current OHA provisions, an application under the Planning Act is considered a ‘prescribed event’ and triggers a 90-day timeline for the municipality to issue a notice of intention to designate. With the proposed changes, municipalities would no longer be permitted to issue a notice of intention to designate an individual property under the Ontario Heritage Act, unless the property is already on the municipal heritage register (i.e. as a non- designated property) at the time a Planning Act application is made. Further, properties being considered for municipal designation would be required to meet at least two of the prescribed criteria in O. Reg. 9/06, instead of the current one criterion. Proposed amendments to Part V of the OHA will establish a new process to allow for HCD designations and plans to be amended or repealed and for criteria for designation of HCDs to be established by the Province through regulation. There are currently no Heritage Conservation Districts (HCDs) in Oxford County. Related Comments and Considerations The proposed changes are not anticipated to have immediate impact for the area municipalities in Oxford, other than the requirement that all municipalities make an up-to-date version of the municipal register publicly available on their website within 6 months of the Bill being proclaimed. Overall these amendments will serve to tighten the timelines and add complexity to the process and evaluation methods required for any contemplated municipal designation and/or maintenance of the municipal register, particularly for smaller municipalities without staff with specialized knowledge and an ongoing heritage program. Municipalities often don’t become aware of potential heritage resources until they are identified during the review process undertaken in support of a Planning Act application and currently have 90 days following submission of the application to pursue designation. The proposed new amendments would further limit the municipality’s ability to designate properties that were already included on the municipal heritage register at the time a Planning Act application is made. Page 54 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 18 of 19 5. Proposed Changes to the Ontario Land Tribunal Act, 2021 Following is a summary of the key proposed changes to the Ontario Land Tribunal Act, 2021: Dismissal of Appeals Bill 23 proposes to further expand the Ontario Land Tribunals (OLT) current authority to dismiss a Planning Act appeal without a hearing, by adding the following as grounds for dismissal:  the party who brought the proceeding has contributed to undue delay; or  a party has failed to comply with a Tribunal order. Cost Awards The OLT currently possesses the authority to award costs against a party where “the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or if the party has acted in bad faith.” The proposed amendments would specify that the OLT may “order an unsuccessful party to pay a successful party’s costs.” It is unclear whether the OLT would still need to make a finding that the parties’ conduct meets the threshold of “unreasonable, frivolous or vexatious or bad faith” in order to be subject to a cost award. Prioritizing Certain Proceedings Bill 23 is proposing to give the Lieutenant Governor new authority to make regulations requiring the OLT to prioritize the resolution of ‘specified classes of proceedings’, the criteria for which have not yet been provided. Related Comments and Considerations County staff will continue to monitor these changes and potential implications. However, given the limited number of LPAT proceedings in the County and the newly proposed restrictions on third party appeals, the potential impacts are expected to be limited. However, given the increased potential for costs to be awarded, municipalities should be careful to ensure that any decision on a planning application is based on clear planning rationale. Conclusions The various legislative and policy changes and other actions being proposed by the Province through the current phase of their Housing Supply Action Plan implementation could potentially have a significant impact on land use planning, finance, infrastructure, parks, and other municipal functions and services. Therefore, if the proposed changes are enacted by the Province, the County and Area Municipalities will likely need to consider updates to various policies, processes and standards, staffing and other resource needs in order to ensure the changes can be effectively addressed and implemented in the Oxford context. Page 55 of 342 Report No: CP 2022-407 COMMUNITY PLANNING Council Date: November 9, 2022 Page 19 of 19 Given the extent of the changes being considered and the extremely short commenting deadline provided by the Province, County staff are seeking County Council’s direction to prepare and submit formal comments to the Province on behalf of the County. It is intended that these comments will be focused primarily on the more substantial legislative and regulatory changes, as generally outlined in this report. County staff will ensure that County Council is kept apprised of any comments submitted to the Province and will continue to monitor the progress of the legislative, policy and other changes being proposed, and advise County Council of any relevant changes and/or opportunities for comment on matters that may be of particular interest or concern to the County or Area Municipalities. As noted in the background section of this report, staff currently intend to bring a subsequent report (or reports) to Council. The intent would be to provide further insight on some of the proposed legislative and other changes discussed in this report based on further review and to discuss the proposed policy and other changes (e.g. review of the PPS and natural heritage and natural hazard requirements) with a longer commenting time frame that were not yet covered in this report. SIGNATURES Report Author: Original signed by Paul Michiels Manager of Planning Policy Departmental Approval: Original signed by Gordon K. Hough Director of Community Planning Approved for submission: Original signed by Benjamin R. Addley Interim Chief Administrative Officer Page 56 of 342 Page 1 of 4 Subject: Culture, Heritage and Special Awards Committee Heritage Listings Recommendations Report Number: CS 22-24 Department: Corporate Services Department Submitted by: Carrie Lewis, Chair, Culture, Heritage and Special Awards Committee Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT the Culture, Heritage and Special Awards Committee recommends to Council that Heritage Listings be added to the town’s Heritage Register to supplement the Designated Properties that are currently on the register; AND THAT the Heritage Register of both Designated and Listed Properties be accessible to the public and those interested in the community’s history through the Town’s website and in print format. BACKGROUND The Municipal Register is the official list or record of cultural heritage properties that have been identified as being important to the community. The register must include all properties in the municipality that are designated under Part IV and Part V of the Ontario Heritage Act. As of 2005, the Ontario Heritage Act also allows municipalities to include properties that may have a cultural heritage value or interest to the community that have not been designated. These are commonly known as listings. The Municipal Heritage Register is a work in progress. Properties can be added or removed from the Register by Council in consultation with the Municipal Heritage Committee. The Register must include a description of the property that is sufficient to readily ascertain the property. Listing properties in the register recognizes properties of cultural heritage value in the community, promotes knowledge and enhances an understanding of the community’s heritage, serves as a planning document, and provides interim protection for listed properties. Tillsonburg’s Heritage Register currently has 14 Designated Properties including: Page 57 of 342 CS 22-24 Page 2 of 4  Avondale United Church, 62 Harvey Street,  Private Residence, 94 Rolph Street,  C.N. Station (Hale Street), 125 Bidwell Street,  St. Paul’s Manse (United Church of Canada) 38 Ridout Street,  Annandale National Historic Site, 28 Tillson Avenue,  Private Residence, 41 King Street,  Private Residence, 101 Rolph Street,  Tillson Pearl Barley and Split Pea Mill (The Mill), 20 John Pound Road,  Private Residence, 300 Broadway,  Station Arts Centre (CP Railway Station), 41 Bridge Street,  Cenotaph, 200 Broadway,  Joy Mausoleum, 191 Simcoe Street,  Forshee-Tribe Trumpour Mausoleum, 191 Simcoe Street,  Pioneer Cemetery, Corner of Simcoe and Cedar Streets. Both Designated and Listed Cultural Heritage Properties can include:  Residential, industrial, commercial, institutional or agricultural buildings,  Monuments such as a cenotaph, public art or a statue,  Natural features that have cultural heritage value interest,  Structures such as water tower, culvert, fence and bridge,  Spiritual sites,  Cemeteries, gravestones or cemetery markers,  Cultural heritage landscapes,  Building interiors,  Ruins, Archaeological sites including marine archaeology,  Areas of archaeological potential  Any other built/immovable fixture or chattel attached to real property. The Culture, Heritage and Special Awards Committee has, in this term of council, identified 15 additional properties in the Town of Tillsonburg that qualify as Heritage Listed properties. The properties that the Cultural, Heritage and Special Awards Committee is putting forward for inclusion as listings in the town’s Heritage Register include:  St. John’s Anglican Church, 46 Ridout Street West,  The Rotary Clock Tower, 41 Bridge Street West  Tillsonburg Memorial Arena, 45 Hardy Avenue  Former Parsonage of the Wesleyan Methodist Church, 38 Ridout Street West,  Memorial Park, 46 Saunders Street  Coronation Park, 19 Van Street,  O’Neil Park/Stoney Creek Park/Kinsmen’s Participark, 55 Concession St West  Gibson House, Concession Street East  Royal Canadian Legion, Branch 153, 16 Durham Street  Anti-Aircraft Gun, 16 Durham Street Page 58 of 342 CS 22-24 Page 3 of 4  Imperial Dam Ruins, Intersection of Simcoe Street and Tillson Ave.,  Lake Lisgar, Concession Street East,  Mineral Spring Park, 56 Oxford Street. Owners of listed properties must give the council of the municipality at least 60 days’ notice of their intention to demolish or remove a building or structure on the property. Requests to list a property on the municipal register may come from property owners, municipal heritage committees, municipal heritage or planning staff, local historical societies or resident’s associations. Every community has its own unique culture and heritage. Each city, town, township or county has places, spaces and stories that enrich it, enlighten it and guide it in its growth and development. With the Municipal Register of Cultural Heritage Properties, the Ontario Heritage Act provides a framework for the conservation of properties that have cultural heritage value or interest to a community. FINANCIAL IMPACT/FUNDING SOURCE None CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information and opportunities to shape municipal initiatives. Strategic Direction - Engage community groups, including advisory committees and service organizations, in shaping municipal initiatives. Priority Project – N/A ATTACHMENTS Page 59 of 342 CS 22-24 Page 4 of 4 Appendix A- Heritage Listing Register Page 60 of 342 Name of Building / Area / Roll Number St. John’s Anglican Church Year Listed 2022 Year Built 1899 Municipal Address 46 Ridout St. W. GPS Coordinates Latitude 42.86048 / Longitude -80.72991 Legal Description 00000 Culture/Heritage Value Attributes The first Anglican Church in Tillsonburg (located on Harvey Street) was built in 1868 and destroyed by fire in 1870. A new church, located on Rolph Street, was consecrated in 1873, where it served for 27 years. The cornerstone for the third and final church was laid on August 18. 1899. and the building completed in 1900. The Parish Hall, a separate structure, was opened shortly afterwards, and in 1945 a third building was added, uniting the two. A time capsule was placed in the cornerstone of the church in 1899. The capsule was opened in 1999 and a new time capsule containing some of the original documents has been placed in the same location. Page 61 of 342 Name of Building / Area / Roll Number Rotary Clock Tower Year Listed 2022 Year Built 1994 Municipal Address 41 Bridge Street West GPS Coordinates Latitude 42.863015 / Longitude -80.730517 Legal Description 00000 Culture/Heritage Value Attributes The Rotary Clock Tower stands as the northern gateway to Downtown Tillsonburg. The clock tower displays very impressive brick work as well the inner workings of the clock which is visible through the windows on all four sides. The Tower is surrounded by memorial paving stones, engraved with the names of various prominent members of the community, as well as those designated by donors. The clock was originally part of the Post Office building built in 1913 on the southwest corner of Broadway and Ridout. This building was demolished in 1957, but the clock was saved. The 3,000-pound bell came from the Town Hall which was built in 1898 and demolished in 1979 to make room for the Town Centre Mall. Like the clock the bell was saved. The Rotary Clock Tower was erected through the auspices of Rotary Clubs International Community fundraising Tillsonburg celebrates the community and events by changing the colours on the outside of the clock at night. Example during the pandemic a blue light was illuminated from the tower to thank local front- line health care providers, emergency service personnel and other essential workers. Page 62 of 342 Name of Building / Area / Roll Number Tillsonburg Memorial Arena Year Listed 2022 Year Built 1949 Municipal Address 45 Hardy Avenue GPS Coordinates Latitude 42.87143 / Longitude -80.73505 Legal Description 00000 Culture/Heritage Value Attributes Tillsonburg Memorial Arena was established in Dec, 26, 1949. The Memorial Arena started with donations from soldiers after the war coming back “home” to Tillsonburg. The soldiers wanted to do something to revitalize the community and decided to donate funds towards the construction of the Memorial arena for the community. The structure of the Memorial arena resembles the architectural layout of a classic hip barn structure. A hip roof, or hipped roof, is a type of roof where all sides slope downwards to the walls, usually with a gentle slope. The Tillsonburg Memorial Arena has a capacity of 700 seats. It has been a cornerstone of Tillsonburg for over a century hosting their first Home Town hockey game officially in 1950. The Heritage and Culture Committee feels the Memorial arena should be a part of preserving the community’s history. The Memorial arena has been a foundation for a variety of recreational and leisure events for the community for over a century. Page 63 of 342 Name of Building / Area / Roll Number Westleyan Methodist Church (Former Parsonage) Year Listed 2022 Year Built 1890 Municipal Address 38 Ridout St. W. GPS Coordinates Latitude 42.86085 / Longitude -80.72965 Legal Description 00000 Culture/Heritage Value Attributes The building is recognized by the Ontario Heritage Trust as a building of architectural value as an example of high Victorian architecture in Southwestern Ontario. It is distinguished by its three storey polygonal turrets, the high windows with stone still and lintels, decorative woodwork off the friezes and rear porch as well as the stained-glass windows on the west side.” The Westleyan Methodist Church parsonage served as the Manse for St. Paul’s United Church and subsequently has become a popular restaurant in the community under several names. Today it is the Enchanted Eats Cafe. Page 64 of 342 Name of Building / Area / Roll Number Memorial Park Year Listed 2022 Year Built 1879 Municipal Address 46 Sanders Street GPS Coordinates Latitude 42.86989 / Longitude -80.73268 Legal Description 00000 Culture/Heritage Value Attributes By 1875 the Tillsonburg Fair had moved to its present location near Lake Lisgar. The fair and racetrack had been the major attraction on this section of land.  E.D. Tillson granted this land for recreational purposes in 1879. The town map of 1881 clearly shows the original Crystal Palace (fair building) and identifies the area as “Exhibition Grounds.”   The entrances to Memorial Park have been marked by stone pillars off Ross Street, Sanders Street and John Street. The gates contain plaques attesting to the area’s history. The name of this area has changed over the years. Names associated with this space have been: Tillsonburg Fairgrounds Park, Tillsonburg Park, Lake Lisgar Park, Dixie Tribe Memorial Park. Today we regard the name of the associated leisure attractions around Lake Lisgar as Memorial Park. Memorial Park has included many amenities and structures over its years. Some attractions that no longer exist are: the racetrack, the grandstand, the horse barn, the original Crystal Palace, the earlier bandshell, and the armouries (also known as the first Tillsonburg Museum). Today park amenities include Lake Lisgar Water Park, the Sam Lamb Baseball Field, the new Crystal Palace and Fair Board Buildings, a new Bandshell/Stage (a Canada 150 Kinsmen Project), and a covered pavilion. Page 65 of 342 Name of Building / Area / Roll Number Coronation Park Year Listed 2022 Year Built 1953 Municipal Address 19 Van Street GPS Coordinates Latitude 42.85558 / Longitude -80.72326 Legal Description 00000 Culture/Heritage Value Attributes Situated at the south of town, east of John Pound Road and across from the Otter Creek, is Coronation Park. The park is accessible by traveling down Old Vienna Road to the end of Van Street. As you enter the park you immediately notice the antiaircraft gun to the left of the entrance. You will also notice the prominent Mill Restaurant across the creek; the last of the Tillson Empire mills. This green area is the last known gifted land to the town from the E.D. Tillson Estate. It is appropriately named to commemorate the Coronation of Queen Elizabeth II, in 1953. Supported by the Tillsonburg Kiwanis for many years, the park incorporated activity equipment and a walking trail. In 2009 the park incorporated the Carroll Trail into its landscape. Starting at the south end of the park, it travels through the gully and over and through the Bridges Golf Course. This five-km. trail is both rugged and paved allowing for different levels of exertion and different types of activity like biking or walking. Another green space within our town that focuses on outdoor opportunities and natural scenery. Page 66 of 342 Name of Building / Area / Roll Number Kinsmen’s Participark Year Listed 2022 Year Built 1953 Municipal Address 55 Concession St. W. GPS Coordinates Latitude 42.86445 / Longitude -80.73819 Legal Description 00000 Culture/Heritage Value Attributes The scenic trail at the bottom of the hill on Concession Street west, previously known as O’Neil Park, has been known as Kinsmen’s Participark since 1980. It is a fitting name as the Ontario initiative “Participaction,” encouraged participation in outdoor activities and this would attract patrons to the area. Prior to the flood of 1937, this was Stoney Creek waterway. It created a western border of the Town, flowed behind the Tillsonburg Hospital, Rolph Street School, housed mills on its banks and led south to the Tillson Mills. Just as the flood destroyed the Imperial Dam (southeast of town) and Concession Street (centrally located in the town), so did it destroy this western waterway. The deluge of water flooded the industries on John Pound Road south of town.   After the flood, the land became a natural environment used for recreation. In 1978 Gerry Livingston sold the property to the town for $2.00 with the stipulation that the land become a perpetual park area void of attractions or buildings. By 1980 the Tillsonburg Kinsmen spearheaded projects to revitalize the trail and Canadian National Railway bridge. A pathway was formed that lead from Concession to Baldwin Street. The CRN Bridge became an elevated walkway that spanned the park’s gully from Bridge Street West and leads to Hickory Hills, today called Veteran’s Memorial Walkway. Today Participark is a prominent walking trail that contained greenery, a flowing creek and wildlife. It is a seemingly secluded natural area that is situated in a gully between neighbourhood subdivisions. Page 67 of 342 Name of Building / Area / Roll Number Gibson House Year Listed 2022 Year Built 1933 Municipal Address Concession St. E. GPS Coordinates Latitude 42.86652 / Longitude -80.73062 Legal Description 00000 Culture/Heritage Value Attributes When the dam at Lake Lisgar went out in 1937 the town was left without fire protection of any kind. Gibson House, on the south shore of Lake Lisgar, was built to serve as a pump house. A new electric motor fed water to the mains and that became the source of fire protection. The new pump house was a one storey square building with a basement of poured cement. The main section was covered with multi- shaded rust and brown brick. The interior of both floors is a wide-open square. In the 1950s the government decided that all public buildings were required to use a special type of electric motor. Unfortunately, the new motors did not work when called upon for a fire. In 1957 the pump house was named for then Citizen of the Year Walter Gibson as a tribute to his long support of the Boy Scout movement. Gibson House became the new Scout headquarters. Walter Gibson passed away in 1970 leaving a lifetime legacy of civic involvement in the United Church, Boy Scouts, Masons, and service clubs. Page 68 of 342 Name of Building / Area / Roll Number Royal Canadian Legion Branch 153 Year Listed 2022 Year Built 1970 Municipal Address 16 Durham Street GPS Coordinates Latitude 42.86454 / Longitude -80.72718 Legal Description 00000 Culture/Heritage Value Attributes The current location of the Royal Canadian Legion Tillsonburg Varnavair Branch 153 is 16 Durham Street. Prior to this, the Branch was located on Lisgar Ave between Bridge Street and Concession Street. Known as the “Sinclair House,” it was purchased by the Branch in 1946 to accommodate the growing membership of returning Second World War Veterans. By the late 1960’s it was decided that the Branch should have a modern building with up-to- date space and amenities. Ground was broken for the new Legion on Durham Street in the spring of 1969. The building was completed a year later for the 1970 District Spring Convention. A few years later, an addition was built to the north side of the building. This addition included the upstairs Ladies Auxiliary room attached to the kitchen, the hall alcove, and the back staircase to the furnace room, and downstairs dart room connected to the canteen. The Legion is an important community organization within Tillsonburg. It provides support to Veterans and their families and is an example of a historic organization that has continually supported Tillsonburg groups and promotes the community. Page 69 of 342 Name of Building / Area / Roll Number Anti-Aircraft Gun Year Listed 2022 Year Built 1943 - brought to Tillsonburg in 1963 Municipal Address 16 Durham Street GPS Coordinates Latitude 42.86454 / Longitude -80.72718 Legal Description 00000 Culture/Heritage Value Attributes Purchased in 1965, the 1943 Mk 1X 40mm anti-aircraft gun has been associated with the Royal Canadian Legion Tillsonburg Varnavair Branch 153. Prior to its current location at 16 Durham Street, the gun and Branch 153 were located on Lisgar Ave. After nearly 55 years its condition had deteriorated greatly. In 2019 the gun was removed, repainted, and restored to a more desirable aesthetic. A cement pad was poured, and the gun was returned in the summer of 2020. It is situated at the corner of Durham Street and Lisgar Ave. It is proudly displayed to remind us of the cost of conflict: historical and contemporary. Let it serve as a memorial of remembrance for those from the Tillsonburg community and Legion Branch 153. Page 70 of 342 Name of Building / Area / Roll Number Imperial Dam Ruins Year Listed 2022 Year Built Dam 1879 Ruins, 1937 Municipal Address 16 Durham Street GPS Coordinates Latitude 42.86021 / Longitude -80.72044 Legal Description 00000 Culture/Heritage Value Attributes The dam was built in the late 1870’s by E.D. Tillson. To the northeast was the large feeding body of Lake Joseph. The water from the lake was dammed and directed under the White Bridge of Simcoe Street, south to the sawmill and southwest to the other mills. The dam was built to harness waterpower for the Tillson Empire’s mills and enterprises. This dam and others were destroyed during the flood of 1937. On Monday April 26, 1937, after several days of relentless rain, the Imperial Dam gave way. The result of this break, and others in town, flooded the land south of town on John Pound Road and the flats; what would become of Coronation Park and the Golf Course. The ruins can be seen as you drive west on Simcoe Street, to the immediate right, shortly after going through the stop lights at Vienna Road. Up close, you can witness the marvel of engineering with its huge square cut timbers, long iron spikes and rods, nuts and bolts and concrete abutments. This is a hidden monument that represents the legacy of Tillsonburg’s early industry. Page 71 of 342 Name of Building / Area / Roll Number Lake Lisgar Year Listed 2022 Year Built 1887 Municipal Address Concession Street East (between Broadway and Lisgar Ave) GPS Coordinates Latitude 42.86676 / Longitude -80.73050 Legal Description 00000 Culture/Heritage Value Attributes Early Lake Lisgar Lake Lisgar started out as Thomas Hardy’s Mill Pond. It was bought by the town in 1867 to serve as a water reservoir for fires. In 1887 the lake was named Lake Lisgar after Governor General Lord Lisgar. A dam was built at Concession Street which enlarged the pond. Turbines were placed at the base of the dam, and they supplied water under pressure to municipal fire hydrants. In April 1937 the big flood occurred, and rain added 13 centimeters (more than five inches) of water to area waterways. On Sunday, the 25th the flood gates at Lake Lisgar were opened, on Monday the hydrants on Broadway were opened and pumps were installed in an attempt to lower the water level in the lake. When this failed work began on a levee at Concession St. in hopes of keeping Lake Lisgar within its banks. On Tuesday, April 27 the levee was swallowed up by the sheer volume of water. The Concession Street dam broke, and Lake Lisgar disappeared. Page 72 of 342 Lake Lisgar Today Name of Building / Area / Roll Number Lake Lisgar continued Lake Lisgar today is the beneficiary of countless community volunteer hours contributed and dollars raised to revive the lake through both the Lake Lisgar Renaissance Project (1992-) and the Lake Lisgar Revitalization Project (2011-). With a gazebo, a fountain, a pedestrian bridge, board walks, and a rowing club facility Lake Lisgar is a popular attraction. The maximum depth of Lake Lisgar is 6.8 metres. Residents and visitors enjoy fishing for large mouth bass, (stocked) rainbow trout, and blue gill, canoeing and rowing and sailing small miniature boats. It’d waters are home to four at risk or endangered turtle species and surrounding parklands host over 400 bird species. Since 1993 the Tillsonburg Kinsmen Club Fountaineers and friends have been installing the water fountain each spring and removing it again in the fall. A labour of love. Page 73 of 342 Name of Building / Area / Roll Number Mineral Spring Park Year Listed 2022 Year Built 1881 Municipal Address 56 Oxford Street GPS Coordinates Latitude 42.859660/ Longitude -80.723836 Legal Description 00000 Culture/Heritage Value Attributes In 1881 the Mineral Spring Park was opened at the "V" of London & Oxford Streets where a natural spring of Sulphur water flowed. It was strongly believed at the time that Sulphur water had curative powers and that the drinking of the water on a daily basis was good for your health. A cup was chained to the pipe from which the water flowed, so that citizens and visitors alike could take of the waters free of charge. Although the park would change in appearance over time, the pipe and cup were still in use to the 1960’s when the pipe was capped and the cup removed. Today, the small green space at the “V” of London & Oxford streets still bears the name of the original park – Mineral Springs. Page 74 of 342 Report No: CP 2022-366 COMMUNITY PLANNING Council Date: October 12, 2022 Page 1 of 5 To: Warden and Members of County Council From: Director of Community Planning Regulatory Proposals - Conservation Authorities Act; Transition Plans and Agreements for Programs and Services RECOMMENDATIONS 1. That Report No. CP 2022-366 be received as information; and 2. And further, that Report No. CP 2022-366 be circulated to all Area Municipal CAOs and Clerks for distribution to their respective Councils and staff. REPORT HIGHLIGHTS  The purpose of this report is to provide County Council with a brief overview of the regulatory changes to the Conservation Authorities (CA) Act that came into effect in late 2020 (including various regulations that have been introduced through 2021 and 2022) and outline the process that is being followed by the CAs with respect to transitioning to a new service delivery model. Implementation Points There are no specific implementation measures that result from the recommendations contained in this report. Financial Impact The adoption of the recommendations contained in this report will have no immediate budget impact on the County. The regulatory changes that will come into effect in January 2024 (as per the relevant legislation) will impact the County levy as it pertains to CA budgets and will also include consideration of agreements (including funding) for certain municipal programs/services that may be provided to the County and Area Municipalities by the CAs. Page 75 of 342 Report No: CP 2022-366 COMMUNITY PLANNING Council Date: October 12, 2022 Page 2 of 5 Communications Planning staff provided a Briefing Note to all Area Municipal CAOs and Clerks in November 2020 regarding Bill 229, Protect, Support and Recover from Covid-19 Act (Budget Measures), 2020, which provided an overview of the key changes that were contained in the Bill and outlined the potential implications for the County and the Area Municipal partners. Communication regarding the proposed changes was undertaken via the ‘briefing note’ approach and directly to the Area Municipalities rather than through a report to County Council due to the somewhat surprising inclusion of the CA Act measures in Bill 229 and the Province’s stated position that there was no requirement for public consultation under the Environmental Registry of Ontario (ERO) because the proposed amendments to the CA Act formed part of the approved provincial budget. The initial stages of the transition under Bill 229 have been completed (i.e. Transition Plans and the development/categorization of inventories of programs and services) as of February 2022. Each CA having jurisdiction in Oxford communicated these documents directly to the respective member Area Municipalities. Going forward, as CA levies are paid to the respective CAs via the County levy, County staff will be the primary lead in developing agreements regarding those programs and services that are not provided by the CAs as mandatory services. Notwithstanding the foregoing, all discussions and negotiations with the CAs will be undertaken via full consultation with Area Municipal staff and Councils. Strategic Plan (2020-2022) WORKS WELL TOGETHER WELL CONNECTED SHAPES THE FUTURE INFORMS & ENGAGES PERFORMS & DELIVERS POSITIVE IMPACT 3.ii. 3.iii. DISCUSSION Background The amendments introduced via Bill 229 in December 2020 are intended to improve transparency and consistency in CA operations, strengthen municipal and provincial oversight, and streamline the role of CAs with respect to the issuance of permits and land use planning. Bill 229, and subsequent regulations, propose to make growth and development more efficient, both in support of the provincial economy coming out of the COVID-19 pandemic, and going forward. Page 76 of 342 Report No: CP 2022-366 COMMUNITY PLANNING Council Date: October 12, 2022 Page 3 of 5 Bill 229 is supported by several regulations that have come into effect since the noted amendments received Royal Assent. Two key regulations impacting the County and Area Municipalities through the remainder of 2022 and 2023 are as follows: Ontario Regulation 686/21 – Mandatory Programs and Services prescribes the mandatory programs and services CAs will be required to provide, including core watershed-based resource management strategies and CA permit review and issuance related to natural hazards. In addition to the mandatory programs prescribed (identified as Category 1 programs), the regulation also provides for two categories of non-mandatory services, comprised of municipal programs and services (Category 2) and programs and services determined by the CAs as advisable to implement (Category 3). Ontario Regulation 686/21 came into effect on January 1, 2022. The foregoing is discussed further later in this report. Ontario Regulation 687/21 – Transition Plans and Agreements for Programs and Services came into effect on October 1, 2021 and requires each CA to create a ‘transition plan’ that outlines the steps to be taken to develop an inventory of programs and services and enter into agreements with participating municipalities to fund non-mandatory programs and services through the municipal levy. This regulation also establishes the transition period during which any agreements are to be completed. According to the regulations, the final transition and associated reports are to be completed by January 31, 2024, with a view to providing ample time for review, discussion and the completion of agreements regarding Category 2 (and to a lesser extent, Category 3) services. The Transition Plan completed by the Upper Thames River Conservation Authority (UTRCA) has been attached to this report for Council’s information. Each of the CAs having jurisdiction in Oxford have provided similar plans, however, as the transition process for all CAs is subject to similar timelines and deliverables as per the Conservation Authorities Act (and related regulations), the UTRCA Plan provides a good overview of the process. Comments As Council is aware, Oxford County is within the watersheds of four CAs (Catfish Creek, Long Point, Grand River and Upper Thames). In accordance with the above-noted regulations, each CA has provided the County with a high level transition plan and list of categorized programs. Category 1 programs and services (P&S), as identified by Ontario Regulation 686/21, are those which the CAs are required to deliver and will be funded by municipal levy and/or user fees. Common examples of Category 1 P&Ss include CA permit administration and compliance activities (i.e. for CA regulated areas), which involves reviewing and processing permit applications, technical studies, enforcement activities and legal expenses related to Sections 28 and 30 of the CA Act. Category 2 P&Ss are those that may be provided at the request of the municipality and will be carried out by the CA on behalf of a municipality. Funding for these programs can include government and other agency grants, and/or municipal funding under a Memorandum of Understanding (MOU) or agreement between the CA and the municipality. An example of a Category 2 P&S that will be of particular interest in Oxford is plan review (e.g. review of planning Page 77 of 342 Report No: CP 2022-366 COMMUNITY PLANNING Council Date: October 12, 2022 Page 4 of 5 applications) not related to Natural Hazards to identify potential natural heritage impacts and related requirements, and potentially some related data and mapping services. For clarity, CA program and services activities related to Natural Hazards (i.e. flood and erosion hazards, unstable soils, etc.) generally fall within Category 1, while those related to Natural Heritage resources (water, woodlands, wetlands, valleylands, etc.) will generally fall within Category 2. Category 3 P&Ss can be generally described as those that CA Board determines are advisable and can be funded via CA generated revenue, user fees, government/agency grants, donations, etc. While this category of use is not subject to municipal funding, any voluntary funding via municipal funds would require a cost-apportioning agreement. Examples of Category 3 P&Ss include operation of campgrounds, private land stewardship and restoration, and community education and outreach programs. A detailed list of each CAs P&Ss is attached to this report for Council’s information. For each CA, P&Ss are categorized as described above and includes a brief description as to why a particular P&S falls into the assigned category. The charts also include the funding mechanism for each P&S and an estimated annual cost of the P&S based on the 5 year average. In addition to the foregoing, the Province has introduced ‘Phase 2’ regulations in support of the changes to the CA Act which came into effect in April 2022. These regulations, which include O. Reg 402/22 (which details the CA budget process and municipal apportionment methods and requirements), support the transition of existing CA funding mechanisms and budget processes to the new legislative funding framework and imposes on CAs requirements to improve transparency of CA operations. The new municipal/CA funding framework is slated to take effect for the 2024 CA budget cycle. Conclusions The amendments to the Conservation Authorities Act introduced via Bill 229 in December 2020 are intended to improve transparency and consistency in CA operations, strengthen municipal and provincial oversight, and streamline the role of CAs with respect to the issuance of permits and land use planning. The transition of CA operations, including the budgeting and funding of programs and services provided by the Act is underway and the CAs having jurisdiction in Oxford County are currently preparing draft agreements for consideration regarding those programs and services that are not mandatory under the Act, but may be desirable for Oxford and the Area Municipalities. At this time, the only agreement that has been provided to the County for consideration is from the Catfish Creek Conservation Authority (CCCA). This CA has jurisdiction in only a small area of the County located in the southwest corner of South-West Oxford (SWOX) Township. Staff have been working with the CA and Township staff to complete an agreement with the CCCA and this agreement will be brought forward to County Council for consideration at an upcoming meeting of Council. Page 78 of 342 Report No: CP 2022-366 COMMUNITY PLANNING Council Date: October 12, 2022 Page 5 of 5 Reports regarding subsequent agreements with remaining CAs having jurisdiction in Oxford will be brought forward for Council consideration as they are received, and after consultation and discussion with the Area Municipalities that are affected by the programs and services that are proposed. SIGNATURES Report Author and Departmental Approval: Original Signed By Gordon K. Hough, RPP Director of Community Planning Approved for submission: Original Signed By Benjamin R. Addley Interim Chief Administrative Officer ATTACHMENTS Attachment 1 – UTRCA Transition Plan Attachment 2 – Catfish Creek Conservation Authority Programs and Services Guide Attachment 3 – Grand River Conservation Authority Programs and Services Inventory Listing Attachment 4 – Long Point Region Conservation Authority Current Programs and Services Attachment 5 – Upper Thames River Conservation Authority Inventory of Programs and Services Page 79 of 342 1 Transition Plan in accordance with Section 21.1.4 of the Conservation Authorities Act November 23, 2021 Ontario Regulation 687/21 “Transition Plans and Agreements for Programs and Services under Section 21.1.2 of the Act” requires the development of Transition Plans by each conservation authority. The key components and deadlines for the Transition Period are illustrated in Figure 1 below. PART 1 PART 2 PART 3 Figure 1. Key Components and Deadlines for Transition Period The purpose of the transition period is to provide conservation authorities and municipalities with time to address changes to the budgeting and levy process based on the delivery of and the need, in some cases, to reach agreements for: Mandatory programs and services (Category 1), Municipal programs and services (Category 2), and Programs and services determined by the CA as advisable to implement (Category 3). Conservation authorities are required to develop a Transition Plan on or before December 31, 2021. There are two phases to the Transition Period. The first phase is to develop and circulate an Inventory of Programs and Services. The second phase includes developing and finalizing the conservation authority/municipal agreements in accordance with the regulations. These agreements must be complete by January 1, 2024. Timelines & Deliverables: Part 1: Transition Plan Item Deliverable Due Date Obtain Board approval of the Transition Plan Staff report with proposed Transition Plan Nov. 23, 2021 Dialogue with participating municipalities about the regulatory requirements and seek feedback on engagement and negotiations Outgoing letter to municipalities to establish staff leads regarding preliminary discussion on the details of the inventory. December. 2021 Make Transition Plan available to the public (per subsection 3c of the regulation) Publish a copy of the Transition Plan on UTRCA’s website Dec. 31, 2021 PHASE 1: Inventory of Programs and Services by February 28, 2022 TRANSITION PERIOD Transition Plan on or before December 31, 2021 PHASE 2: MOU, Agreements or Cost Apportioning January 1, 2024 Programs and Services Inventory and Negotiations Transition Plan Report No. CP 2022 - 366 - Attachment No. 1 Page 80 of 342 2 Program & Service Inventory and Negotiations: Part 2 of Transition Period Item Deliverable Due Date Development of Inventory of Program and Services – identification of category classification, funding sources, average annual costs Staff report with Programs and Services Inventory provided to Board January 2022 Share draft Inventory with neighboring conservation authorities Draft Programs and Services Inventory sharing Jan. 31, 2022 Obtain Board approval of the Inventory Staff report with Programs and Services Inventory February 2022 Submit Inventory to the Minster, circulate to participating municipalities Programs and Services Inventory Feb. 28, 2022 Make Inventory available to the public (per subsection 5 (1) of the regulation) Publish the Programs and Services Inventory on UTRCA’s website Feb. 28, 2022 Part 3 of Transition Period Item Deliverable Due Date 60-day engagement window to address questions, present to Councils, and establish municipality specific negotiating timelines One-on-one outreach Apr. 30, 2022 Maintain a record of municipal feedback (per subsection 5 (1) (c) of the regulation) Input/feedback documentation Ongoing after Feb. 28, 2022 Adjust Programs and Services Inventory as required – advise participating municipalities and the Minister of any changes Maintain a log of changes and include in mandatory reporting (per subsection 5 (3) (a) of the regulation) See *mandatory reporting dates below Complete negotiations of cost apportioning agreements (per subsection 2 (1) of the regulation) Execute cost apportioning agreements and 2024 levy submission Target October 2023 Transition date Jan. 1, 2024 *Mandatory Reporting: Item Deliverable Due Date Progress Report #1 Per subsection 7 (3) of the regulation July 1, 2022 Progress Report #2 Per subsection 7 (3) of the regulation Oct. 1, 2022 Progress Report #3 Per subsection 7 (3) of the regulation Jan. 1, 2023 Progress Report #4 Per subsection 7 (3) of the regulation Apr. 1, 2023 Progress Report #5 Per subsection 7 (3) of the regulation Jul. 1, 2023 Progress Report #6 Per subsection 7 (3) of the regulation Oct. 1, 2023 Final Report Per subsection 9 of the regulation Jan. 30, 2024 Notes:  The Transition Plan and Programs and Services Inventory will be endorsed by the Board prior to submission.  The Board will receive, for information, all progress reports and the final report.  Cost apportioning agreements to be in place prior to the preparation of the 2024 budget.  The Municipality of Strathroy-Caradoc (a non-CA member) will be kept informed throughout the process. Page 81 of 342 3  The non-CA members of the Thames-Sydenham Region Source Protection Area will also be kept informed.  It is anticipated that the regulation describing how to deal with on-going organizational costs (governance and administration) which are not directly related to a program and service will be available with the phase 2 regulations. Page 82 of 342 2022 Programs & Services Guide CATFISH CREEK CONSERVATION AUTHORITY Report No. CP 2022 - 366 - Attachment No. 2 Page 83 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Risk of Certain Natural Hazard’s - see 21.1 (1) 1 i of the Conservation Authorities Act; Sections 1-8 of the Mandatory Programs and Services Regulation O.R. 686/21. The CCCA will develop an awareness of areas that are important for the management of natural hazards within the watershed. The CCCA will also manage and promote awareness and education of risks related to natural hazards, protect life and minimize property damage from flooding and erosion by providing a flood control monitoring and warning program. CCCA alerts the public through flood messages, provides municipal staff with data and information to enable sufficient lead time to enable emergency flood mitigation procedures to promote resident’s safety, safeguard flood prone areas and as a result minimize flood related damage and loss of life. Section 28.1 Permit Administration and Compliance Activities/ Enforcing and Administering the Act Reviewing and processing permit applications, technical reports, natural hazards studies, mapping and updates to regulation limits mapping. Site visits/ inspections, communication with applicants, agents, and consultants. Property enquires and legal expenses for regulations and compliance. Administering and enforcing sections 28, 28.0.1, and 30.1 of the act as required. 1 Mandatory in accordance to CA Act MNRF: $1,590 = 5% Levy: $22,545 = 73% Fees: $6,850 = 22% $30,985 Prior to February 2022, Present Review Under Other Legislation Input and review on a variety of different Acts including, The Aggregate Resources Act, Drainage Act, Environmental Assessment Act and The Ontario Planning Act. 1 Mandatory in accordance to CA Act Levy: $2,312 = 100% $2,312 Prior to February 2022, Present Municipal Plan Input and Review Provide technical information, advice, and policy support to municipalities on matters relating to Natural Hazards Policies (Section 3.1 under the PPS) with a focus on Official Plan and Official Plan Amendments. This includes: broad policy interpretation, transfer of data, 1 Mandatory in accordance to CA Act Levy: $4,699 = 36% Special Levy: $8,250 = 64% (each of the 5 municipalities contribute a portion of the $8,250 yearly) $12,949 Prior to February 2022, Present Page 84 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). information and science to municipalities, and provision of advice on matters relating to natural hazards policy to Ministry of Municipal Affairs and Housing. Flood Forecasting and Warning Daily data collection and monitoring of local weather forecasts hydrometric stations, local water level forecasts and watershed conditions. Flood event forecasting, provincial watershed condition statements and inter agency communications in the event of a flood. Maintenance of flood forecasting equipment and annual meeting with applicable inter agency flood emergency coordinators. 1 Mandatory in accordance to CA Act MNRF: $32,006 = 16% Levy: $167,967 = 84% $199,973 Prior to February 2022, Present Flood and Erosion Control Infrastructure Operation and Management NOTE: To be completed on or before December 31, 2024 per requirements in Section 5 of the Mandatory Programs and Services Regulation Flood and erosion control infrastructure and low flow augmentation. Includes 1 dam 1 Mandatory in accordance to CA Act MNRF: $2,617 = 19% Levy: $10,894 = 77% WECI: $625 = 4% $14,136 Prior to February 2022, Present Page 85 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Ice Management Services NOTE: Ice Management Plan(s) to be completed as necessary on or before December 31, 2024 per requirements in Section 4 of the mandatory Programs and Service Regulation Providing advice for ice jam prevention and mitigation through-out the winter season 1 Mandatory in accordance to CA Act MNRF: $1,250 = 8% Special Levy: $14,157 = 92% (Township of Malahide incurs the Special Levy yearly) $15,407 Prior to February 2022, Present, Future (Ice Management Plan) Catfish Creek Channel Monitoring Monitoring the Catfish Creek channel morphology changes at Port Bruce due to seasonal loading and/or scour by bathometric sounding the lower reaches of the Catfish Creek through Port Bruce. 1 Mandatory in accordance to CA Act MNRF: $1,250 = 8% Special Levy: $14,158 = 92% $15,508 Prior to February 2022, Present, Future Drought and Low Water Response Monitoring of surface and groundwater conditions and analysis of low water data for dissemination to irrigators, landowners and applicable government agencies. Technical and administrative support to regional advisors, and the CCCA’s Irrigation Committee 1 Mandatory in accordance to CA Act Other Grants: $3.223 = 100% (Grant ended in 2018) $3,223 Prior to February 2022, Present Natural Hazards Technical Studies and Information Management Data collection and study of technical report designs to mitigate natural hazards. Development and use of systems to collect and store data and to provide spatial geographical representations of data. 1 Mandatory in accordance to CA Act Levy: $18,756 = 88% Revenue: $2,655 = 12% $21,411 Prior to February 2022, Present Page 86 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Natural Hazards Communications, Outreach and Education Promoting public awareness of natural hazards including flooding, drought, and erosion. Social media services. Media relations. Natural Hazards Studies, Mapping and Updates to Regulation Limits Mapping and Data Transfer to Public, through Web based Map(s) showing Regulation Limits. 1 Mandatory in accordance to CA Act Levy: $15,623 = 97% Donations: $450 = 3% $16,073 Prior to February 2022, Present Provincial Water Quality and Quantity Monitoring - see 21.1 (1) 2 of the Conservation Authorities Act; ; Section 12(2) and 12(3) of the Mandatory Programs and Services Regulation O.R. 686/21 The CCCA, in partnership with Ministry of Environment, Climate Change and Parks (MECP), and has established long term sites to monitor surface and ground water conditions. Provincial Water Quality Monitoring Network (PWQMN) A long-standing CA/MECP partnership for stream water quality monitoring at 4 sites. CCCA collects monthly water samples and field measurements and MECP performs lab analysis and data management. Information is used for watershed report cards and stewardship project prioritization. 1 Mandatory in accordance to CA Act Reserves: $800 = 100% Beginning 2022: Levy: 100% $800 Prior to February 2022, Present Provincial Groundwater Monitoring Network (PGMN) The Provincial Groundwater Monitoring Network is a partnership program with all 36 Ontario conservation authorities and 10 municipalities (in areas not covered by a conservation authority) to collect and manage ambient (baseline) groundwater level and quality information from key aquifers located across Ontario. CCCA manages 5 wells 1 Mandatory in accordance to CA Act Reserves: $1,300 = 100% Beginning 2022: Levy: 100% $1,300 Prior to February 2022, Present Page 87 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Integrated Water and Climate Station CCCA uses four MECP hydrometric stations to monitor flows and precipitation within the Catfish Creek Watershed 1 Mandatory in accordance to CA Act Reserves: $500 = 100% Beginning 2022: Levy: 100% $500 Prior to February 2022, Present Local Water Quality Monitoring - see 21.1 (1) 2 of the Conservation Authorities Act; ; Section 12(2) and 12(3) of the Mandatory Programs and Services Regulation O.R. 686/21 Water quality monitoring is an essential part of keeping the planet healthy and sustainable. Land based activities can have a huge impact on water systems and it’s critical that we realise how these affect waterbodies, both above and below ground. Surface Water Quality Monitoring Program In addition to PWQMN, CCCA maintains nine benthic monitoring sites across the watershed. CCCA responds to local spills events at the request of MECP. Costs include sampling, analysis and reporting. 1 Mandatory in accordance to CA Act Reserves: $1,200 = 100% Beginning 2022: Levy: 100% $1,200 Prior to February 2022, Present Well Program CCCA does not have any additional well monitoring programs apart from the PGMN program which encompasses 5 wells at two locations within the CCCA watershed. 1 Mandatory in accordance to CA Act n/a n/a Prior to February 2022, Present Watershed Report Card Conservation Authorities report on local watershed conditions every five years. Measuring environmental indicator changes within the watershed, with a focus with a focus on Authority managed projects to evaluate efforts and track progress. 1 Mandatory in accordance to CA Act Municipal Levy: $750 = 100% $750 Prior to February 2022, Present Drinking Water Source Protection - see 21.1 (1) 1 iii of the Conservation Authorities Act; Section 13 of the Mandatory Programs and Services Regulation O.R. 686/21 The protection of municipal drinking water supplies in the Southwest region through the development and implementation of Source Protection Plans, acting as an SPA Page 88 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Drinking Water Source Protection (DWSP) CCCA provides technical support, Source Protections Committee support, Source Protection Authority reports and meetings. Activities required by the Clean Water Act and regulations. Assist with implementation of source protection plan for the Lake Erie Source Protection Region. 1 Mandatory in accordance to CA Act Other Grants: $3,408 = 91% Reserves: $337 = 9% Beginning 2022: Levy:100% $3,745 Prior to February 2022, Present Conservation Lands - see 21.1 (1) 1 ii of the Conservation Authorities Act; Sections 9-1 of the Mandatory Programs and Services Regulation O.R. 686/21 The CCCA owns 554.44 hectares of land including conservation areas, management areas, managed forest, and flood control structures. Section 29 Minister’s Regulation Rules of Conduct in Conservation Areas (O. Reg. 688/21) Conservation areas regulations enforcement/compliance. Incurred legal expenses for regulation and compliance 1 Mandatory in accordance to CA Act Revenue: $6,556 = 100% $6,556 Prior to February 2022, Present Springwater Conservation Area CCCA operates one campground and its associated facilities, generates our main revenue stream and offsets costs of mandated programs. 3 No Municipal Levy used, Self Generated – 100% Revenue: $421,892 = 74% Grants: $154,149 = 26% $576,041 Prior to February 2022, Present CCCA forests and management areas (not Conservation Areas) Management and maintenance of CA owned lands (will all be listed in the Land Inventory). Includes forest management, signage, gates, passive recreation, stewardship, restoration, ecological 3 No Municipal Levy used, Self Generated – 100% Grants: $3,846 = 5% Donations: $22,983 = 29% Revenue: $37,444 = 66% (excess $27,646 Prior to February 2022, Present Page 89 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). monitoring, carrying costs such as taxes and insurance. transferred to reserves) Conservation Areas Management and maintenance of three passive day use conservation areas (Yarmouth Natural Heritage Area, Archie Coulter and Springwater Forest, not the Campground) with recreational trails. Includes passive recreation, risk management program, hazard tree management, gates, fencing, signage, brochures, communications, pedestrian bridges, trails, parking lots, pavilions, roadways, stewardship, restoration, ecological monitoring, carrying costs such as taxes and insurance. 1 Mandatory in accordance to CA Act Donations: $4,398 = 6% Revenue: $6,191 = 8% % (excess transferred to reserves) Grants: $4,808 = 41% Revenue: $5,058 = 43% Donations: $800 = 7% Reserves: $1,089 = 9% C.A. $552 Maple Festival: $11,755 Prior to February 2022, Present Conservation Area Major Maintenance Major maintenance and capital improvements to support public access, safety and environmental protection such as pedestrian bridges, boardwalks, trails. 1 Mandatory in accordance to CA Act Grants: $48,641 = 62% Reserves: $2,186 = 3% Reserves: $17,381 = 75% Donations: $5,660 = 25% GLLAF $50,827 SPW C.A. Dev. $23,041 Prior to February 2022, Present Land acquisition Strategic acquisition of environmentally significant properties. 3 No Municipal Levy used, Self Generated – 100% TBD by each individual acquisition TBD by each individual acquisition Prior to February 2022, Present Inventory of Conservation Authority Lands The land inventory includes the following information: location as well as date, method and purpose of acquisition, land 1 Mandatory in accordance to CA Act Levy: $5,550 $5,550 Prior to February 2022, Present Page 90 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). NOTE: Inventory to be completed on or before December 31, 2024 per requirements in Section 10 of the Mandatory Programs and Service Regulation use. One-time project with updates as properties are acquired or disposed of. Core Watershed – based Resource Management Strategy NOTE: To Be Completed on or before December 31, 2024 per requirements in 12(4)(9) OF THE Mandatory Programs and Service Regulation New Project: A strategy to guide the management and use of CA-owned or controlled properties including: guiding principles, objectives, land use, natural heritage, classifications of lands, mapping, identification of programs and services on the lands, public consultation, publish on website. One-year project. This is an updated to previous conservation area management plans. 1 Mandatory in accordance to CA Act Levy: $5,550 $5,550 Future December 31, 2024) Land Acquisition and Disposition Strategy A policy to guide the acquisition and disposition of land in order to fulfill the objects of the authority is to be created before the end of the Transition Period 1 Mandatory in accordance to CA Act Reserves: $3,500 = 100% $3,500 Prior to February 2022, Present Completed August 2020 Watershed Stewardship and Restoration (Urban, rural & agricultural) Page 91 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). The stewardship and restoration program has three key components: one-on-one technical assistant to watershed landowners, connecting landowners with cost-share funding, and the reforestation program. Projects reduce the risk to life and property from natural hazards, protect water quality and quantity, improve forest conditions, increase biodiversity and make the watersheds more resilient to climate change. Private Land Stewardship Program/ Integrated Resource Management Work with property owners to implement Best Management Practices to mitigate flood and erosion hazards, improve and protect water quality, restore floodplains and river valleys, reduce nutrient contamination, restore and enhance wetlands to reduce flooding peaks and augment low flow, management of terrestrial non-native invasive species, protect groundwater, and improve aquatic species at risk habitat. Apply for and manage external funding, promote private land stewardship such as tree planting, wetlands and tall grass prairie plantings, outreach, provide technical advice and design assistance. 3 No Municipal Levy used, Self Generated – 100% Grants: $12,572 = 32% Revenue: $11,536 = 29% Private Lands Projects: $24,108 Prior to February 2022, Present Tree Planting and Forestry Service Site preparation, tree and shrub planting, and survival assessments, technical assistance, hazard tree abatement, link to funding programs to maintain form and function of watershed forest cover. Administration of Malahide Roadside Tree Planting Program. Agreement with Town of Aylmer to manage Aylmer Woodlot 2, 3 Municipal Services offered, no levy used. Self Generated - 100% Grants: $7,218 = 18% Donations: $1,080 = 3% Revenue: $1,515 = 4% Reserves: $5,234 = 13% $15,047 Present/ Long Standing Agreements in place with Malahide Township and The Town of Aylmer Enabling Services: Key assistance provided to all departments of the conservation authority, board of directors, member municipalities and the general public to enable the CCCA to operate in an accountable, efficient and effective manner. Page 92 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Corporate Services Administrative, human resources, operating and capital costs which are not directly related to the delivery of any specific program or service, but are the overhead and support costs of a conservation authority. Includes health and safety program, overseeing programs and policies. 1 Mandatory in accordance to CA Act MNRF: $2,500 = 5% Levy: $27,961 = 51% Reserves $23,009 = 41% Revenue: $1,586 = 3% $55,056 Prior to February 2022, Present Financial Services Annual budget, accounts payable and receivable, payroll, financial analysis, financial audit, administration of reserves and investments, financial reports for funding agencies, preparing and submitting reports to CRA, benefits program administration. 1 Mandatory in accordance to CA Act Levy: $12,658 = 36% Reserves: $22,416 = 64% $35,074 Prior to February 2022, Present Legal Expenses Costs related to agreements/contracts, administrative by-law updates 1 Mandatory in accordance to CA Act Reserves: $16,842 = 100% $16,842 Prior to February 2022, Present Governance Supporting CA Boards, Advisory Committees, GM and Senior Management. 1 Mandatory in accordance to CA Act Levy: $14,453 = 100% $14,453 Prior to February 2022, Present Communications and Outreach Informing public of CCCA programs and projects through media, open houses, public meetings, website administration, responding to inquiries from the public, crisis communications. 1 Mandatory in accordance to CA Act Levy: $15,623 = 97% Donations: $450 = 3% $16,073 Prior to February 2022, Present Administration Building Office buildings and workshop used to support CCCA staff, programs and services. Includes utilities, routine and major maintenance, property taxes. 1 Mandatory in accordance to CA Act Levy: $27,297 = 100% $27,297 Prior to February 2022, Present Page 93 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Information Technology Management/ GIS Data management, records retention. Development and use of systems to collect and store data and to provide spatial geographical representations of data. 1 Mandatory in accordance to CA Act Levy: $27,141 = 92% Revenue: $2,654 = 9% $29,795 Prior to February 2022, Present Vehicle and Equipment A fleet of vehicles and equipment to support the work of the CCCA, including capital purchases, fuel, licenses, repairs and maintenance. Programs and projects are charged for the use of the vehicles and equipment. 1 Mandatory in accordance to CA Act Levy: $4,405 = 7% Revenue: $32,045 = 48% Reserves: $30,708 = 46% $67,158 Prior to February 2022, Present Conservation Education and Community Outreach Program Description: Education and outreach programs increase knowledge and awareness in children and adults about local environmental issues, watersheds and ecosystems and conservation actions they can implement. Education Programs Curriculum-based education programs for elementary and secondary students. These programs focus on local watersheds, ecosystems, and environmental issues. Programs take place in the conservation areas and assist to study the diverse ecosystems they are surrounded by. Programs include, Aquatics, Terrestrial, and Soils Workshops. 3 No Municipal Levy used, Self Generated – 100% Grants: $13,543 = 72% Revenue: $10,004 = 53% Donations: $2,020 = 11% Reserves: -$6,756 = -36% $18,811 Prior to February 2022, Present Education Programming in Conjunction with Thames Valley Schoolboard An annual Memorandum of Understanding is signed with Thames Valley District Schoolboard leasing a part of Springwater Forest to the Jaffa Outdoor Education Center for an outdoor classroom. The Maple Program, Marsh Quest and Forest Festival are all ran in conjunction with Thames Valley District Schoolboard staff. 3 No Municipal Levy used, Self Generated – 100% Revenue: $12,500 = 100% $12,500 Prior to February 2022, Present Page 94 of 342 Programs/ Service And Subservices Description Category (1,2,3) Category classification concerns Funding mechanism- % Estimated annual cost (based on 5-year average or explanation of costs) Program/ Service provided date (prior or post Feb 2022) (indicate present or future). Education (ELP) ELP is an Environmental Based program ran through East Elgin Secondary School. The students work in conjunction with the Authority to manage woodlots on Authority and privately owned lands, and complete various stewardship projects on Authority and privately owned lands. 3 No Municipal Levy used, Self Generated – 100% Donations: $4,500 = 55% Revenue: $2,800 = 34% Reserves: $870 = 11% $8,170 Prior to February 2022, Present Page 95 of 342 Grand River Conservation Authority Report number: GM-06-22-52 Date: June 24, 2022 To: Members of the Grand River Conservation Authority Subject: Inventory of Programs and Services Update Recommendation: THAT the update to the Grand River Conservation Authority’s Inventory of Programs and Services be approved, circulated to all participating Grand River watershed municipalities, posted on the GRCA website, and submitted to the Ministry of Environment, Conservation and Parks in accordance with Ontario Regulation 687/21. Summary: Not applicable. Report: As a requirement under Ontario Regulation 687/21, the Grand River Conservation Authority (GRCA) developed an Inventory of Programs and Services based on the three categories identified in the Regulation. These categories include (1) Mandatory, (2) Municipally requested, and (3) Other (Authority determines are advisable). In February 2022, the initial Inventory of Programs and Services was presented to the Board and circulated to all participating municipalities. To date, we have not received any comments or concerns on the initial Inventory. On May 2, 2022, the Ministry of Environment, Conservation and Parks (MECP) hosted a workshop to provide feedback on all Conservation Authorities Inventories of Programs and Services. During this session, it was identified that any existing Memorandums of Understanding and/or Agreements should be identified in the Inventory. As such, Chart C (ii) Programs and Services Inventory Listing- Category 2- Information Requirements has been added to the Inventory of Programs and Services package. A copy of this new chart is attached to the report. Once the revised Inventory of Programs and Services is approved, it will be circulated to all participating municipalities and the Ministry of Environment, Conservation and Parks. The revised inventory will also be posted on GRCA’s website for public access. Financial Implications: Not applicable. Other Department Considerations: Not applicable. Submitted by: Samantha Lawson Chief Administrative Officer Report No. CP 2022 - 366 - Attachment No. 3 Page 96 of 342 CHART C (ii) Programs &Services Inventory Listing - Category 2 - Information Requirements GRAND RIVER CONSERVATION AUTHORITY Extract: Ontario Regulations 687/21 - Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act Section 6 Subsection 5 requirements For each Category 2 program or service listed in the inventory under clause (2) (a), the authority shall include the following information: 1. The name of the municipality on behalf of which the program or service is provided. 2.The date on which the authority and the municipality entered into a memorandum of understanding or another agreement with respect to the provision of the program or service. Department Type of Agreement Municipality Date Signed Resource Planning, Natural Heritage and Engineering Plan Review Services MOA County of Brant February 10, 1999 Plan Review Services MOU City of Brantford July 24, 2017 Plan Review Services MOA City of Guelph April 1, 1997 Plan Review Services MOU Haldimand County September 10, 2019 Plan Review Services MOU Region of Halton July 16, 2018 Plan Review Services MOU Norfolk County October 5, 2016 Plan Review Services MOU Region of Waterloo September 10, 2019 Plan Review Services MOU Township of Southgate July 1, 2017 Plan Review Services MOU Wellington County November 1, 2017 Conservation Services-Rural Water Quality Program (RWQP) Rural Water Quality Program Agreement County of Brant June 25, 2019 Rural Water Quality Program Agreement Region of Waterloo November 25, 2020 Rural Water Quality Program Agreement County of Dufferin December 14, 2017 Rural Water Quality Program Agreement County of Wellington June 14, 2017 Rural Water Quality Program Council Approval Haldimand County February 16, 2021 Living Snow Fence MOU County of Dufferin April 20, 2016 Resource Planning - Natural Heritage Management ESA Habitat Compensation Agreement - Birkett Lane & Brant Park Natural Heritage Habitat Agreement City of Brantford October 30, 2017 Page 97 of 342 1 Version 1.0 24 February 2022 LPRCA 2022 Current Programs and Services CA Program and Services Categories, as follows: 1.Mandatory programs and services (where municipal levy could be used without an agreement) 2.Municipal programs and services. Programs and services at the request of a municipality (with municipal funding through an MOU/agreement) 3.Other programs and services. Programs and services an authority determines are advisable (use of municipal levy requires a cost-apportionment MOU/agreement with participating municipalities or, if no levy is required, no agreement is needed). Chart A – LPRCA Programs and Services Inventory Listing Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Operating Costs Natural Hazard Management Program Watershed Planning and Technical Studies Section 28.1 Permit Administration Reviewing, processing permit applications & technical reports, site inspections, communications with applicants, agents, consultants. Requests by solicitors. 1 CA Act 21.1 O.Reg. 686/21 Sec 8 $ 114,262 User fees – 100% Program administration and enforcement: General inquiry. Compliance monitoring, enforcement. Policies, standards development and maintenance. Public information and outreach, consultation. Review under other legislation (Environmental Assessment, Drainage, Aggregate Resources), with comments principally related to natural hazards, wetlands, watercourses and Sec 28 permit requirements. CA Act 21.1 O.Reg. 686/21 Sec 3, 6, 8, 9 $ 160,901 User fees – 8% Municipal levy – 92% Municipal Plan Input Input to municipal land-use planning documents (OP, Comprehensive AB, Secondary plans) related to natural hazards, on behalf of NDMNRF (delegated to CAs in 1983) 1 CA Act 21.1 O.Reg. 686/21 Sec 7 $ 42,354 NDMNRF S39 TP -21% Municipal levy - 79% Provincial Section 39 Funding Report No. CP 2022 - 366 - Attachment No. 4 Page 98 of 342 2 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Municipal Plan Review Technical information and advice to municipalities on municipal land use planning applications (OP and ZB Amendments, Subdivisions, Consents, Minor Variances). Preconsultation. 1, 2 CA Act 21.1 O.Reg. 686/21 Sec 7 $ 67,100 User fees – 100% Plan review for wetlands and storm water management is intertwined with plan review for natural hazards but may be a Category 2 service to be addressed in CA/municipal MOUs for Municipal Plan Review Services. Subwatershed Plans Partner developed plans containing policies and implementation actions to protect, enhance and improve the health of the area, particularly related to land use change 2 CA Act 21.1 None currently Potential Category 2 Service As requested by a municipality as part of its land use planning process. Technical Studies and Information Management Maintenance of base mapping, flood and erosion hazard mapping, hazard line mapping, regulated area mapping. Data collection and storage systems and GIS. Data collection and design studies to mitigate natural hazards including flooding, erosion and drought. 1 CA Act 21.1 O.Reg. 686/21 Sec 1.3 $ 22,050 Municipal levy – 100% Cost shown is 2022 operating cost. Project costs vary from year to year based on funding we are successful in obtaining, such NDMP Riverine and Shoreline Hazard Mapping. 5-year average actual cost is $106,669. Watershed Flood Control Services Flood Forecasting and Warning Daily data collection and monitoring of weather and water level forecasts and watershed conditions. Flood event forecasting. Flood warning and communications. Maintenance of equipment. 1 CA Act 21.1 O.Reg. 686/21 Sec 2 $126,998 NDMNRF S39 TP –13% Municipal levy – 87% Provincial S39 transfer payment Water Control Infrastructure Operation and Management (Backus, Brooks, Deer Creek, Hay Creek, Lehman, Norwich, Sutton, Teeterville, Vittoria) Dam operations, regular inspections, maintenance activities, activities related to operator health and safety. 1 CA Act 21.1 O.Reg. 686/21 Sec 5.1 $77,612 NDMNRF S39 TP –12% Municipal levy – 88% Provincial S39 transfer payment New: Develop operational plan for natural hazards infrastructure. New: Develop asset management plan for natural hazards infrastructure. CA Act 21.1 O.Reg. 686/21 Sec 5.2 TBD To be completed by December 31, 2024. The cost of developing the plans is being investigated. Ice Management Services New: Develop an ice management plan. 1 CA Act 21.1 O.Reg. 686/21 Sec 4 TBD An ice management plan is to be completed by December 31, 2024 The cost of developing the plan is being investigated. Page 99 of 342 3 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Watershed Low Water Response Services Low Water Response Conditions monitoring/analysis. Technical & administrative support to the Water Response Team representing major water users and decision makers, who recommend drought response actions. 1 CA Act 21.1 O.Reg. 686/21 Sec 3 $ 6,500 NDMNRF– 0% Municipal levy – 100% Provincial NDMNRF funding some (dry) years. Source Water Protection Source Water Protection (source protection authority role as set out in the Clean Water Act.) Lake Erie Region tech support, SPC support, SPA reports and meetings, activities required by the Clean Water Act and regulations. 1 O.Reg. 686/21 Sec 13 $ 10,332 MECP TP through Grand River CA – 100% Watershed-based Resource Management Strategy Watershed Resource Management Strategy (WRMS) New: The WRMS describes the current watershed conditions based on current knowledge and monitoring data, sets objectives, describes issues and identifies initiatives to reduce the impact of natural hazards, conserve natural resources and improve the health of the watershed. Provides a watershed-based context for LPRCA’s natural hazards and natural resource conservation programs and collaborative activities in its watershed. 1 CA Act 21.1 O.Reg. 686/21 Sec 12.1 TBD Last completed in 1983. To be completed by December 31, 2024. The cost of developing the strategy is being investigated. Healthy Watershed Services Conservation Services Healthy Watershed Technical Support Services Apply for and manage external funding, promote private land stewardship, provide advice and technical support to property owners where the cost cannot be covered from external sources. 3 CA Act 21.1.2 $ 58,778 User fees – 3% Municipal levy – 97% The conservation services (private land stewardship) program is a Category 3 activity. An agreement would be needed with all municipalities to fund the program with levy for the 2024 budget unless supported with surplus revenue from other departments. Private land stewardship services Soil erosion control, water quality improvements, habitat restoration. Disbursements to landowners and contractors are externally funded. 3 CA Act 21.1.2 $ 162,397 (5-yr avg) External sources (Federal, Provincial, OPG, ALUS) – 100% Page 100 of 342 4 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Private forestry land management services Private land tree planting and survival monitoring. 1.82 million trees planted since 2002. 3 CA Act 21.1.2 $ 106,937 (5-yr avg) External sources (Federal, Provincial, OPG) –100% Trees for Roads A road-side tree planting program by municipal request (mostly used by Bayham and SW Oxford) 2 CA Act 21.1.1 $ 8,523 (5-yr avg) Municipality – 100% Fee for service at municipal request. Surface and Groundwater Quality Services Provincial Water Quality Monitoring Network (PWQMN) and Provincial Groundwater Monitoring Network (PGMN) PWQMN - MECP program for stream water quality monitoring. LPRCA takes water samples; MECP does lab analysis and data management. PGMN - MECP program for groundwater level and quality monitoring. CA maintains equipment, data transfer to MECP, water sampling; MECP provides equipment, lab analysis, data management. 1 CA Act 21.1 O.Reg. 686/21 Sec 12.1 $ 40,552 Municipal levy – 100% The PWQMN program has been running for 50+ years and the PGMN program for 20+ years. The data is used internally for water quality and stream health assessment. Input to the Watershed Report Card. Stream Water Quality Sampling Assist municipalities with their water quality monitoring needs by taking field water samples and delivering them to the laboratory facility. 2 CA Act 21.1.1 None currently Potential Category 2 Service As requested by a municipality as part of its monitoring needs, e.g. for wastewater discharge compliance. Stream health monitoring Benthic invertebrate sampling & analysis has been carried out since 2003 (19 years). Provides additional water quality and stream health information. Input to the Watershed Report Card. Contributed to the province-wide Ontario Benthos Biomonitoring Network. 3 CA Act 21.1.2 $ 9,000 Municipal levy – 100% A cost apportionment agreement with all municipalities will be required to fund the program with levy for the 2024 budget unless an alternative funding source is found. Drain classification (Norfolk partnership) Electrofishing activities to classify municipal drains. Informs drain maintenance decisions and approvals. 2 CA Act 21.1.1 $ 2,590 DFO through Norfolk County under MOU – 100% Activity based on funding secured by Norfolk County. Lamprey barrier inspections Lamprey barriers stop invasive sea lamprey from moving from Lake Erie into the creeks. DFO pays LPRCA annually to inspect their condition. 3 CA Act 21.1.2 $ 3,320 DFO contract – 100% Federal Department of Fisheries and Oceans (DFO) Page 101 of 342 5 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Conservation Authority-Owned Lands Conservation Area Strategy New: Over-arching strategy for CA-owned lands including guiding principles, objectives, land securement/acquisition and disposition, recommended management principles for different land use categories, with public consultation. 1 CA Act 21.1 O.Reg. 686/21 Sec 9.1, 10 TBD To be completed by December 31, 2024. The cost of developing the strategy is being investigated. Land Inventory New: Development and maintenance of an inventory containing information for every parcel of CA-owned land including location, available information, acquisition details, land use categories. 1 CA Act 21.1 O.Reg. 686/21 Sec 11 TBD To be completed by December 31, 2024. The cost of developing the inventory is being investigated. Conservation Authority Lands Section 29 Minister’s regulation for Conservation Areas Conservation areas enforcement/compliance including legal expense for regulation and compliance. 1 CA Act 29 O.Reg. 686/21 Sec 9.1 $ 53,639 Municipal levy – 100% Conservation lands management and maintenance including safety, security and enforcement Boundary identification/maintenance, gate and sign maintenance, trail maintenance, hazard tree removal, garbage pickup, monitoring and enforcement. Assessment to identify maintenance and repair needs. Property taxes, drainage assessment, fish stocking 1 CA Act 21.1 O.Reg. 686/21 Sec 9.1 $168,989 Municipal levy – 100% Maintain facilities, trails or other amenities for public access and passive recreational activities Parkette maintenance, trails maintenance, grass cutting, washrooms, garbage collection. 1 CA Act 21.1 O.Reg. 686/21 Sec 9.1 $ 48,400 User fees - 27% Municipal levy – 72% Lee Brown Waterfowl Management Area Area management, operation and maintenance 1, 3 CA Act 21.1 O.Reg. 686/21 Sec 9.1 CA Act 21.1.2 $142,268 User fees and rentals – 100% Public viewing station is a Category 1 activity. Camp Trillium Children’s camp on property lease 3 CA Act 21.1.2 $59,000 Lease – 100% Page 102 of 342 6 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Backus Heritage and Education Services Backus Environmental Education Centre Education Centre program services, operation and maintenance and outdoor education program 3 CA Act 21.1.2 $126,881 User fees – 2% Contracts – 18% Endowment – 80% Backus Heritage Village and Historical Services Heritage Village and Mill program services, operation and maintenance and heritage education program 3 CA Act 21.1.2 $123,343 Provincial – 7% User fees – 3% Contracts – 13% Municipal levy – 77% The Backus Heritage Area is a Category 3 and an agreement will be needed with all municipalities to fund the operation of the heritage village and historical services with levy for the 2024 budget. Conservation Parks Management Services Conservation Parks (Backus, Deer Creek, Haldimand, Norfolk, Waterford North) Management and operations including business planning, promotion, park operations, safety, security and enforcement, drinking water and sewage operations, maintenance and repair. 3 CA Act 21.1.2 $1,345,310 User fees – 98% Provincial – 2% Public Forest Land Management Services Forestry Management Services 10-year Managed Forest Plans renewal, 5-year Operational Plan, harvest operations (marking, tendering, monitoring), ecological surveys, MFTIP and CLTIP programs 1, 3 CA Act 21.1 O.Reg. 686/21 Sec 9.1 CA Act 21.1.2 $244,644 Federal – 7% Resource revenue –93% Corporate Administrative Costs Ongoing operating expenses and capital costs, not directly related to the delivery of any specific program or services, that are required to function effectively as an organization and best deliver their programs and services. Corporate Services LPRCA Board Supporting CA Board, Advisory Committees 1 CA Act 20 $ 66,467 Municipal levy – 100% Corporate/IT Services Senior management, main office rent, utilities, office equipment and supplies, financial services, legal expenses, IT 1 CA Act 20 1,037,071 Municipal levy – 51% User fees – 5% Internal surplus – 44% Page 103 of 342 7 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Communications and Marketing Services Communications and Marketing Promoting public awareness of natural hazards. Media relations, website and social media, special events & outreach, partnership programs, networking and collaboration 1 CA Act 21.1 O.Reg. 686/21 Sec 1.3 $98,744 Municipal levy – 100% Memorial forest Trees planted in memorial forest at Backus CA in memory of loved ones 1 CA Act 21.1 O. Reg. 686/21 Sec 9.1 $7,475 Donations – 100% Leighton and Betty Brown Conservation Scholarship Awarded annually to a watershed student graduating from high school and pursuing a degree in an environmental or natural resources field 3 CA Act 21.1.2 $1,000 Trust fund interest –100% Maintenance Operations Services Maintenance Operations Support operations and facilities maintenance for conservation areas, flood control structures, forestry and motor pool. Equipment and vehicle maintenance. 1 CA Act 20 $371,813 Inter-departmental charges – 30% Municipal levy- 70% Capital Costs Watershed Flood Control Services Water Control Infrastructure (Backus, Brooks, Deer Creek, Hay Creek, Lehman, Norwich, Sutton, Teeterville, Vittoria) Dam safety reviews, emergency preparedness plans, environmental assessments. 1 CA Act 21.1 O. Reg. 686/21 Sec 5.1 $105,000 (avg/year in 5- year forecast) NDMNRF WECI grant – 50% Municipal levy – 50% 2022 budget is $25,000. The $105,000 is based on the average per year in the 5-year forecast. Major maintenance, capital repairs identified in inspections, dam safety reviews or environmental assessment; design studies 1 CA Act 21.1 O. Reg. 686/21 Sec 5.1 $328,000 (avg/year in 5-year forecast) NDMNRF WECI grant – 50% Special benefit levy – 50% The $328,000 is based on the average per year in the 5-year forecast. If the item doesn’t get approved for WECI funding, the payment has been 100% special levy. Page 104 of 342 8 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Backus Heritage Conservation Area Asset: Infrastructure –Education Centre Major maintenance and accessibility upgrades 1, 3 CA Act 21.1.2 $ 96,000 Federal – 100% The office area of the Education Centre is a Category 1 and the remaining area of the displays and the classroom is a Category 3. Federal grant for doors, ramp and washroom for accessibility. Asset: Infrastructure –Heritage Buildings Major maintenance 3 CA Act 21.1.2 $- Historically: Donations – 28% Municipal levy – 72% The Backus Heritage Area is a Category 3. An agreement will be needed with all municipalities to fund the capital activities with levy for the 2024 budget. The 5-year average actual cost is $4,153. Conservation Parks Management Services Asset: Infrastructure –Conservation Areas Water and hydro services upgrades, washroom upgrades, roof replacements and water systems 3 CA Act 21.1.2 $154,000 Reserves – 26% Municipal levy – 74% The campgrounds annually have an operating surplus that has historically been used to reduce levy and it is used to partially fund the corporate services expenses. A capital reserve should be established prior to the 2024 budget and then an agreement would not be needed with municipalities to fund the capital activities with levy. Forestry Asset: Infrastructure –Forest Tracts Tract signage, 911 signs and gates 1 CA Act 21.1 O.Reg. 686/21 Sec 9.1 $ 5,000 Municipal levy – 100% Corporate Services Asset: Computers Office computers and servers 1 CA Act 20 $ 7,000 Municipal levy – 100% Maintenance Operations Services Assets: Equipment Lawn mowers, trailers and tools 1, 3 CA Act 20 $ 26,000 Municipal levy – 100% Some equipment, vehicles and UTVs are used in Conservation Parks for Category 3 activities. Park related capital needs should be drawn from the Conservation Parks capital reserve described above and then an agreement would not be needed with municipalities to fund these capital needs with levy. Assets: Vehicles & UTVs Pickup trucks, dump truck and UTVs 1, 3 CA Act 20 $267,000 Lee Brown Reserve – 8% Municipal levy – 92% Page 105 of 342 9 Version 1.0 24 February 2022 Program/Service Description Category Category Rationale 2022 budget annual cost Current funding mechanisms and % contribution (2022 budget) Comment Asset: Infrastructure –Workshop Workshop roof replacement 1 CA Act 20 $27,250 Municipal levy – 100% Page 106 of 342 Chart B – Summary of Category 2 Programs and Services – Details of Municipal Agreements Ontario Regulation 687/21 Section 6 Subsection 5 requirements (5) For each Category 2 program or service listed in the inventory under clause (2) (a), the authority shall include the following information: 1. The name of the municipality on behalf of which the program or service is provided. 2. The date on which the authority and the municipality entered into a memorandum of understanding or another agreement with respect to the provision of the program or service. Program or Service Category Applicable Section of the Act Description Memorandum of Understanding (MOU) / Agreement Status Municipal plan review – wetlands, stormwater management 2 CA Act Section 21.1.1 Provide services related to wetlands and storm water management for planning and other applications or projects. The service is funded by user fees. As at February 28, 2022 MOUs have yet to be updated or negotiated with all municipalities. Future updates to the P&S inventory listing will reflect status of MOUs. Trees for Roads 2 CA Act Section 21.1.1 Roadside tree planting service at municipal request. Primarily delivered for the Municipality of Bayham and South-West Oxford Township. This has historically been a “fee for service” program without agreement. A service agreement will be required. Drain classification 2 CA Act Section 21.1.1 Electrofishing services to Norfolk County’s drain classification program, funded annually by DFO. Norfolk County/LPRCA/DFO MOU. The 2022 MOU update is in process. Version 1.0 24 February 2022 10 Page 107 of 342 Chart C – Summary of Category 3 Programs and Services – Details of Municipal Agreements Ontario Regulation 687/21 Section 6 Subsection 6 requirements (6) For each Category 3 program or service listed in the inventory under clause (2) (a), the authority shall include the following information: 1.Whether or not the program or service was financed, in whole or in part, through municipal levies collected from participating municipalities. 2.Whether or not the authority intends to seek to enter into a cost apportioning agreement with one or more participating municipalities to ensure all or part of the financing of the program or service after the transition date. Program or Service Category Applicable Section of the Act Description Section 6(6) Info Requirements Conservation services (private land stewardship and private forestry land management services) 3 CA Act Section 21.1.2 The disbursements to property owners and contractors are externally funded. The staffing cost to apply for and manage external funding, promote private land stewardship and provide advice and technical support to property owners relies on municipal levy funding where the cost cannot be covered from external sources. Program and Service has been financed in part through municipal levies. The LPRCA Board will discuss options to seek other funding sources and/or negotiate cost-apportionment agreements with member municipalities. Future updates to the P&S inventory listing will reflect the status of discussions. Stream health monitoring 3 CA Act Section 21.1.2 The stream health monitoring that LPRCA undertakes beyond the activities for Provincial Water Quality Monitoring Network and the Provincial Groundwater Monitoring Network is Category 3. Most activities are funded by external sources. The benthic invertebrate sampling program is reliant on municipal levy. Program and Service has been financed in part through municipal levies. The LPRCA Board will discuss options to seek other funding sources and/or negotiate cost-apportionment agreements with member municipalities. Future updates to the P&S inventory listing will reflect the status of discussions. Lamprey barrier inspection 3 CA Act Section 21.1.2 DFO pays LPRCA annually under MOU to inspect the condition of the lamprey barriers. Not financed through municipal levies. Lee Brown Waterfowl Management Area 1 & 3 CA Act Section 21.1.2 Area management, operation and maintenance Not financed through municipal levies. Camp Trillium 3 CA Act Section 21.1.2 Children’s camp on property leased from LPRCA Not financed through municipal levies. Backus Environmental Education Centre 1 & 3 CA Act Section 21.1.2 Education Centre operation and maintenance and outdoor education program. Not financed through municipal levies. Backus Heritage Village and Historical Services 3 CA Act Section 21.1.2 The Heritage Village and Mill operation and maintenance and heritage education program, while they receive external funding from the provincial government, user fees and school board contracts, are funded in part by municipal levy. The mill is a National Historic Site. Program and Service has been financed in part through municipal levies. The LPRCA Board will discuss options to seek other funding sources and/or negotiate cost-apportionment agreements with member municipalities. Future updates to the P&S inventory listing will reflect the status of discussions. Version 1.0 24 February 2022 11 Page 108 of 342 Program or Service Category Applicable Section of the Act Description Section 6(6) Info Requirements Conservation Parks 3 CA Act Section 21.1.2 Water and hydro services upgrades, washroom upgrades, roof replacements, water systems and vehicles. The capital infrastructure upgrades, vehicles and equipment have been funded in part by municipal levy. Program and Service has been financed in part through municipal levies. The campgrounds annually have an operating surplus that has historically been used to reduce levy and partially fund the corporate services expenses. A capital reserve should be established prior to the 2024 budget and then an agreement would not be needed with municipalities to fund the capital activities with levy. Public Forest Land Management 1 & 3 CA Act Section 21.1.2 10-year Managed Forest Plans renewal, 5-year Operational Plan, harvest operations (marking, tendering, monitoring), ecological surveys, MFTIP and CLTIP programs. Not financed through municipal levies. Leighton and Betty Brown Conservation Scholarship 3 CA Act Section 21.1.2 Awarded annually to a watershed student graduating from high school and pursuing a degree in an environmental or natural resources field Not financed through municipal levies. Version 1.0 24 February 2022 12 Page 109 of 342 February 28, 2022 1 | P a g e Upper Thames River Conservation Authority Inventory of Programs and Services UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources Natural Hazard Management 1049 Environmental Planning & Regulations Regulations Section 28.1 Permit Administration and compliance activities Reviewing and processing permit applications, associated technical reports, site inspections, communication with applicants, agents, and consultants. Property inquiries Legal expenses for regulations and compliance. Input to the review and approval processes under other applicable law, (e.g., Environmental Assessment Act, Drainage Act, Aggregate Resources Act, with comments principally related to natural hazards, wetlands, watercourses and Sec 28 permit requirements. 1 Ontario Regulation 686/21s.8 Ontario Regulation 686/21s.6 $710,879 $1,041,429 Municipal Levy 67% Self Generated 33% Review under Other Legislation Input to the review and approval processes under other applicable law, (e.g. Environmental Assessment Act, Drainage Act, Aggregate Resources Act, with comments principally related to natural hazards, wetlands, watercourses and Sec 28 permit requirements. 1038 and 1041-40 Planning Municipal Plan Input and Review Technical information and advice to municipalities on circulated municipal land use planning applications (Official Plan and Zoning By-law Amendments, Subdivisions, Consents, Minor Variances). Input to municipal land-use planning documents (OP, Comprehensive ZB, Secondary plans) related to natural hazards, on behalf of MNRF (delegated to CAs in 1983). 1 Ontario Regulation 686/21s.7 $508,955 $738,611 Municipal Levy 69%, Self Generated 31% 1038 Municipal Plan Input and Review Technical information and advice to municipalities on circulated municipal land use planning applications related to Natural 2 CA Act s.21(1)(n) Updating MOUs $103,130 $105,147 Report No. CP 2022 - 366 - Attachment No. 5 Page 110 of 342 February 28, 2022 2 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources NOT related to Natural Hazards Heritage features and functions and Stormwater Management (Official Plan and Zoning By-law Amendments, Subdivisions, Consents, Minor Variances). Input to municipal land-use planning documents (OP, Comprehensive ZB, Secondary plans) related to natural heritage features and functions and Stormwater Management. Comments incorporate natural heritage information particularly around wetlands and aquatic species at risk to develop planning and regulatory strategies to mitigate downstream natural hazards. required Municipal Levy 79%, Self Generated 21% Natural Heritage Natural heritage monitoring, plans/strategies and system design not on Conservation Authority owned land, to inform Official Plan and/or County level studies 2 CA Act s.21(1)(n) Example: Natural Heritage System Studies Project Specific 1085, 1086, 1087- 3050, 1920- 3030 Water Management Flood Forecasting and Warning Daily data collection and monitoring of local weather forecasts, provincial models, streamflow and reservoir conditions, etc. Routine collection of near real-time data from stream gauge network (water level, flow and precipitation). Seasonal collection and reporting on snow surveys. Maintenance of hydrometric gauges (both UTRCA gauges and assisting with maintenance of Water Survey of Canada gauges). Continuous monitoring of stream flow, reservoirs, and watershed conditions. Maintaining historical records. Development, maintenance and implementation of Flood Contingency Plan. Regular liaison with municipal flood coordinators. Issuing flood bulletins and media releases. 1 Ontario Regulation 686/21s.2 $652,398 $614,300 Provincial 15%, Municipal Levy 84%, Self Generated 1% Page 111 of 342 February 28, 2022 3 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources 1034 (5%), 1077, 1080, 1081, 1082, 1083, 1084 Flood and Erosion Control Infrastructure Operation and Management The UTRCA operates, and maintains flood control dams, dyke and flood wall systems, flood control channels, and erosion control structures. Includes 3 large dams and 9 smaller dams. The UTRCA also maintains 3 flood control channels, 8 dykes/floodwalls and 11 erosion control structures. Undertake dam safety studies and improve public safety around dams. In addition to the regular operation and maintenance of these structures the UTRCA undertakes major maintenance projects on water and erosion control structures 1 Ontario Regulation 686/21s.5 $1,682,388 (not including major capital repairs) $1,767,561 Provincial 5%, Municipal Levy 64%, Self Generated 21% In addition to the above structures which were constructed by the UTRCA, the UTRCA also operates and maintains structures that are municipally owned/built but operated and maintained by the UTRCA through agreement with the municipality. Operation Plans and Asset Management related to this Infrastructure New Project: Development of Operational Plans and Asset Management Plans related to this infrastructure 1 Ontario Regulation 686/21s.5 per requirements in Section 5 of the Mandatory Programs and Services Regulation New Program NOTE: Strategy to be completed on or before December 31, 2024 1042 Flood Plain Mapping & Natural Hazards Technical Studies and Information Management Analysis and identification of areas susceptible to riverine flooding to create mapping products to delineate flood-prone and erosion-prone areas. Data collection, analysis, reporting and mapping of data sets related to the understanding and mitigation of natural hazards. Development and use of systems to collect, store and provide spatial geographical representations of data and other mapping 1 Ontario Regulation 686/21 s. 5(1)1 686/21 s.9(1)2 $746,500 $776,981 Provincial Transfer Payment 2%, Municipal Levy 69%, Self Generated 29% Page 112 of 342 February 28, 2022 4 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources products. Studies and projects to inform natural hazards management programs including: floodplain management, watershed hydrology, regulated areas mapping update, flood forecasting system assessment, floodplain policy 1009, 1041-30, 1088 Climate Change Understanding the risks related to natural hazards, including how these risks may be affected by climate change through collection and management of climate science data in order to identify potential effects of climate change. Identification of vulnerability or risk, and the development of mitigation and adaptation policies and plans Managing, preventing and mitigating risks related to natural hazards. Promoting public awareness through communications, outreach and education to build climate resiliency. Pilot Projects Low Impact Development, green infrastructure, agricultural stewardship, including tree planting for flood/erosion mitigation. (restoration on CA lands not included) 1 Ontario Regulation 686/21 s. 1(3)1. iv. $216,609 $306,552 Provincial Transfer Payment 20%, Municipal Levy 65%, Self Generated 14% 1079 Low water response Surface and groundwater conditions monitoring and analysis: including water level, flow and precipitation, within the watershed using the Ontario Low Water Response protocol and hydrometric stream gauge network. Coordination of monitoring with Water Response Committee 1 Ontario Regulation 686/21s.3 $6,010 $8,803 Municipal Levy 100% 1001, 1004, 1017, 1094 Communications, Outreach and Education related to Natural Hazards and Low water response Promoting public awareness of natural hazards including flooding, drought, and erosion. Public events, materials. Social media services. Media relations. Educate elementary school students and the public about the danger of floodwaters. Technical & administrative support to the Water Response Team (WRT) representing major water users and decision makers, who 1 Ontario Regulation 686/21s.1(2) $582,958 $370,819 Municipal Levy 69%, Self Generated 31% Page 113 of 342 February 28, 2022 5 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources recommend drought response actions. Conservation Authority Lands and Conservation Areas The UTRCA owns 5,967 hectares of land which includes conservation areas, management areas, conservation forests, farmland and flood control structures and surrounding land. UTRCA property is essential to watershed management, flood control, environmental protection, and provides areas for passive recreation 1051, 1052 Lands, Facilities and Conservation Areas Section 29 Minister’s regulation for Conservation Areas Conservation areas encroachment monitoring and risk management. Legal expenses for regulation and compliance part of Conservation Lands management below. 1 Ontario Regulation 686/21 s.9(1)4 Rules for Conduct in Conservation Areas (O. Reg. 688/21) $84,523 plus some part of Lands Management $72,305 Self Generated 100% Strategy for CA owned or controlled lands and management plans. New Project: A strategy to guide the management and use of CA- owned or controlled properties including: guiding principles, objectives, land use, natural heritage, classifications of lands, mapping, identification of programs and services on the lands, public consultation, publish on website and includes periodic review and update. 1 Ontario Regulation 686/21 s.9(1)1 per requirements in Section 10 of the Mandatory Programs and Services Regulation New Program NOTE: Strategy to be completed on or before December 31, 2024 Land Inventory New Project: Development of an inventory containing information for every parcel of land owned or controlled by the Authority. The land inventory will include the following information: location as well as date, method and purpose of acquisition, land use. One time project with updates as properties are acquired or disposed of. 1 Ontario Regulation 686/21 s.9(1)3 per requirements in Section 10 of the Mandatory Programs and Services Regulation New Program NOTE: Strategy to be completed on or before December 31, 2024 Land Acquisition and Disposition Strategy New Project: A policy to guide the acquisition and disposition of land in order to fulfil the objects of the authority. 1 Ontario Regulation 686/21 s.9(1)1 per requirements in New Program NOTE: Strategy to be completed on or before December 31, Page 114 of 342 February 28, 2022 6 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources Section 10 of the Mandatory Programs and Services Regulation 2024 1029, 1035, 1036, 1037, 1044, 1048, 1050, 1054, 1056, 1063, 1065, 1080, 1095- 5070, 1096 Conservation Lands: Management, operation and maintenance Public Access for Passive Recreation: Management and maintenance of conservation lands for public access and recreational trails. Includes risk management program, hazard tree management, gates, fencing, signage, brochures, communications, pedestrian bridges, trails, parking lots, pavilions, roadways, drainage, stormwater management, stewardship, restoration, ecological monitoring, recreational dams (with no flood control or low flow augmentation function). Carrying costs such as taxes and insurance 1 Ontario Regulation 686/21 s.9(1)1 $1,052,513 $1,224,886 Municipal Levy 63%, Self Generated 37% Conserve Natural Heritage: Management and maintenance to conserve natural heritage on CA owned lands. Includes forest management, signage, gates, stewardship, restoration, ecological monitoring, Species at Risk inventories, carrying costs such as taxes and insurance. Ontario Regulation Reg. 686/21 s.9(1)2 $255,447 $323,069 1027 (15%) Species at Risk activities on UTRCA owned lands Periodic inventories of terrestrial Species at Risk on UTRCA lands, GIS mapping and submission of data to NHIC. Information guides land use activities and restoration projects. 1 Ontario Regulation 686/21 s.9(1)2 $19,139 $19,754 Municipal Levy 17%, Self Generated 83% Page 115 of 342 February 28, 2022 7 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources 1045, 1046 City of London ESAs Management Management of the City’s 14 Environmentally Significant Areas (ESAs), initiated in 2009 and updated annually to reflect operational and capital needs 2 Annual Agreements since 2009 $614,127 $631,602 Self Generated 100% 1034 (95%) Conservation Area Campgrounds Management, operation and maintenance of Fanshawe, Wildwood and Pittock campgrounds. 3 Campgrounds are operated independent of Municipal Levy $4,428,410 $4,988,296 Self Generated 100% 1047, 1053, Land Lease and Agreement Management, Hydro generation Management of current and future land leases and property agreements. Maintenance of rental properties to supplement land management activities 3 CA Act s.21(1)(c)&(d) $175,083 $315,573 Self Generated 100% Drinking Water Source Protection Program Description: The protection of municipal drinking water supplies in the Thames Sydenham and Region through the development and implementation of the Source Protection Plans. 1039 Source Protection Planning Source protection authority role as set out in the Clean Water Act. Source Protection Authority Lead for the Thames-Sydenham and Region. Technical support, SPC support, SPA reports and meetings, activities required by the Clean Water Act and regulations that applies to the authority’s source protection area. Assisting in the co-ordination and implementation of the source protection plan that applies to the authority’s source protection area. Where the authority considers it advisable, reviewing and commenting on any proposal made under another Act that is circulated to the authority for the purpose of determining, i. whether the proposal relates to a significant drinking water threat that is governed by the plan, or 1 Ontario Regulation 686/21 s.13 Agreements with LTVCA and SCRCA to undertake implementation efforts. $521,920 $517,645 100% Provincial as a Lead Source Protection Authority. Transfer funding to LTVCA and SCRCA to support this program Page 116 of 342 February 28, 2022 8 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources ii. the proposal’s potential impact on any drinking water sources protected by the plan. 1040 DWSP Risk Management Inspection / Official Support municipalities to implement Part IV duties of the Clean Water through service agreements. 2 Clean Water Act s.47(1) & s.48(1) CA Act s.21(1)(a) &(n) $181,860 $164,986 Municipal Agreements – 100% Water Quality & Quantity Monitoring The UTRCA, in partnership with the Ministry of Environment, Climate Change and Parks (MECP), has established long term sites to monitor surface and ground water conditions. 1026- 0000 Provincial Water Quality and Quantity Monitoring Provincial Water Quality Monitoring Network (PWQMN) A long-standing (50+ year) CA/MECP partnership for stream water quality monitoring at 24 sites. CA takes water samples; MECP does lab analysis and data management. CA uses information for watershed report cards, and stewardship project prioritization. 1 Ontario Regulations 686/21 s.12(1)2 686/21 s.12(3) $167,541 $204,587 Municipal Levy 96%, Self Generated 4% Provincial Groundwater Monitoring Network (PGMN) A long-standing (20+ year) CA/MECP partnership for groundwater level and quality monitoring at 24 sites throughout the watershed. CA maintains equipment, data transfer to MECP, water sampling; MECP provides equipment, standards, data management. Ontario Regulations 686/21 s.12(1)1 686/21 s.12(2) Core Watershed-based Resource Management Strategy - Advancing and contributing to the maintenance of a healthy and resilient natural environment. Program Description: The purpose of a watershed plan is to understand the current conditions of the watershed, and identify measures to protect, enhance, and restore the health of the watershed. Watershed strategies provide a management framework to provide recommendations which consist of goals, objectives, indicators, and management recommendations. This addresses existing issues in the watershed and mitigates impacts from potential future land. Core Watershed- based Strategy Development Develop guiding principles and objectives that inform the design and delivery of programs and services the CA is required to 1 Ontario Regulations New Program NOTE: Strategy to be completed on or before December 31, Page 117 of 342 February 28, 2022 9 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources Resource Management Strategy provide. Collate/compile existing resource management plans, watershed plans, strategic plans, studies and data. Strategy development, implementation & annual reporting. Develop a process for periodic review including procedures to engage/ consult with stakeholders and the public. Strategy development must include a stakeholder and public consultation component. 686/21 s.8 686/21 s.12(1)3 686/21 s.12(4) per requirements in 12(4)-(9) of the Mandatory Programs and Services Regulation (Include 5-year review) 2024 1025, 1030, 1031 Integrated Watershed Planning Watershed Management Strategy / Shared Waters Approach Watershed strategies provide a management framework to provide recommendations which consist of goals, objectives, indicators, and recommendations. This addresses existing issues in the watershed and mitigates impacts from potential future land uses, while recommending appropriate actions to protect, enhance, and restore the watershed. The Thames River (Deshkan Ziibi) Shared Waters Approach to Water Quality & Quantity, will be a key component of a broader watershed strategy, known as the Thames River Clearwater Revival (TRCWR), which considers all the interactions of land, water, plants, animals and people, with the overall objective of improving the ecological condition of the Thames River, Lake St. Clair and Lake Erie. 3 CA Act s.21(1)(a) $291,517 $344,151 Municipal Levy 76%, Self Generated 24% 1089 First Nations Engagement To further the development of a more holistic approach in watershed planning, incorporating aspects of Indigenous Traditional Knowledge (ITK) and an awareness of the River’s spirit, in addition to western science and management objectives. 2 & 3 Expanded Program $134,099 $90,480 Municipal Levy 39%, Self Generated 61% 1032 Natural Heritage and Ecological UTRCA in partnership with Conservation Ontario, reports on local watershed conditions every five years. The report cards provide 3 CA Act s.21(1)(a) $50,104 (for Report Cards only) $0 Page 118 of 342 February 28, 2022 10 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources Monitoring: Watershed Report Cards information on surface water, groundwater, forest and wetland conditions in the watershed, to understand current local (subwatershed) health and emerging trends as a basis for setting environmental management priorities and inspiring local environmental action within the 28 subwatershed in the UTRCA. No direct funding Research & Monitoring Aquatic Monitoring / Water Quality Program Undertake aquatic monitoring including collecting, analyzing, and reporting on data for surface water and groundwater quality, stream health, reservoir algae, benthic, fisheries, habitat, and species at risk. Surface water quality sampling at additional sites at key locations to better understand the watershed conditions and to support Watershed Report Card program. Benthic Monitoring and Assessment Program – samples collected annually and processed/identified by UTRCA staff. This process evaluates surface water quality using macro-invertebrates (insect larvae, etc.) living in streams and supports Watershed Report Cards program. 3 CA Act s.21(1)(n) $227,174 $259,533 Municipal Levy 74 %, Self Generated 26% 1026, 1028 Page 119 of 342 February 28, 2022 11 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources Stream Classification Collection of fish community data as supported by DFO to determine watershed species ranges and identify invasive species and aquatic species at risk. This includes the municipal drain classification program, which classifies “not rated” drains to help streamline Fisheries Act approvals to the benefit of both Drain Superintendents and landowners. This is a component of CA Act approvals for municipal drainage works, that while specific to drain review and associated hazards, also protects headwater function, habitat and ecosystem health 1027 (85%) Species At Risk Inventories of Aquatic Species at Risk GIS mapping and submission of data to NHIC. Information guides land use activities and restoration projects. 3 CA Act s.21(1)(n) $153,544 $159,600 Municipal Levy 17% Self Generated 83% 1087- 3010, 1087- 3090, 1087- 3070 Water Quality Data Compile and maintain a comprehensive monitoring database (WISKI) that is integrated and available to watershed partners, and is commonly accessed by development proponents in watershed municipalities when undertaking technical studies or assessments associated with land development activities. 3 LSWIM for Risk Management Services is recoverable through partner agreements $216,446 for LSWIMS and WISKI partners $94,707 Self Generated 100% 1026- 2070 City of London Dingman Creek Monitoring Program Agreement with City of London for enhanced benthic monitoring within the Dingman Creek Subwatershed. 2 CA Act s.21(1)(a) $40,200 $25,000 Self Generated 100% Watershed Stewardship and Restoration Private Land Stewardship and Restoration Work with property owners to implement Best Management Practices to mitigate flood and erosion hazards, improve and protect water quality, restore floodplains and river valleys, reduce nutrient contamination, restore and enhance wetlands to 3 CA Act s.21(1)(g)&(o) $695,600 $717,735 Municipal Levy 56%, Page 120 of 342 February 28, 2022 12 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources (Urban, rural & agricultural) reduce flooding peaks and augment low flow, management of terrestrial non-native invasive species, protect groundwater, and improve aquatic species at risk habitat. Apply for and manage external funding, promote private land stewardship, outreach, provide advice and design assistance to property owners. Implementation of watershed plan stewardship recommendations. Self Generated 44% 1033, 1055, 1057, 1060, 1064, 1066, 1105 Tree Planting and Forest Management not related to natural hazards Forestry services including planting plan development, site preparation, tree and shrub planting, and survival assessments. Private woodlot stewardship, technical assistance, link to funding programs to maintain form and function of watershed forest cover. 1059, 1062, 1068 Clean Water Program Deliver the Clean Water Program (CWP), which provides a one- window service for rural landowners to access technical assistance and financial incentives for implementing best management practices (BMPs) that improve surface water and groundwater quality and soil health, and contribute to sustainable agricultural operations. NOTE: funded by the Counties of Oxford and Middlesex, City of Stratford for 2022, with additional funding leveraged from industry, government, foundations, and donations when available. 2 CA Act s.21(1)(g)&(o) $132,033 $189,773 Self Generated 100% 1067, 1070, Great Lakes Connections: Deliver watershed phosphorus reduction research and demonstration projects partnering with Environment and Climate 3 CA Act s.21(1)(g) &(o) $802,575 $747,790 Page 121 of 342 February 28, 2022 13 | P a g e UTRCA Code Program Area Programs / Service Provision Program / Services Description Category Legislative Reference and Notes Average Annual Costs based on 5 Year Average (Operating including depreciation) 2022 Projected Operating Costs and Funding Sources 1073, 1075, 1099, 1100, 1101, 1102, 1104, 1106, 1108, 1109, 1113, 1114 Phosphorus / Nutrient Reduction Programs (Medway / ECCC / OMAFRA) Change Canada (ECCC) and the Ontario Ministry of Agriculture, Food & Rural Affairs (OMAFRA) Research and demonstration projects focused on agricultural stewardship efforts to reduce nutrients in the Thames River and improve the health of Lakes St. Clair and Erie. Lead information sharing and coordinate innovation through research, demonstration projects, workshops, and field tours, in partnership with landowners, agencies, academia, and private sector. Self Generated 100% Conservation/ Outdoor Education and Community Outreach Program Description: Education and outreach programs increase knowledge and awareness in children and adults about local environmental issues, watersheds and ecosystems and conservation actions they can implement. Community Partnerships and Education Community Involvement and Events Education and outreach programs and community events to assist in achieving the objectives of the conservation authority. These programs are open to people of all ages. Examples include Community Science, Watershed and “Friends of” projects. 3 CA Act Reg. 686/21 s.1(2) & s.1(3)3,4 $719,489 $679,722 Municipal Levy 44%, Self Generated 56% Environmental Education Curriculum-based education programs for elementary and secondary students. These programs focus on local watersheds, ecosystems, and environmental issues. Programs take place at schools (indoors and outdoors), field trips to conservation areas and community parks and through online learning. CA Act s.21(1)(n) Notes: Provincial transfer refers to only the transfer payment UTRCA receives from the provincial government for the delivery of mandatory programs and services. Page 122 of 342 February 28, 2022 14 | P a g e For the purposes of this document “self-generated” revenues includes permit fees, fees for service, user fees, grants including provincial and federal funding that UTRCA has to apply and compete for and municipal fee for services agreements beyond municipal levy. Inventory Principles - A brief explanation on the principles applied when developing the Inventory of Programs and services is provided: 1) Each program and service has been categorized based on the criteria identified under the Conservation Authorities Act and supporting regulations. As required by regulation 687/21, the inventory explains why a program falls into category 1 by referencing applicable sections of regulation 686/21 “Mandatory Programs and Services”. Category 2 and 3 programs provided through other legislation are also noted. 2) The list has been developed to align our programs and services with our past budget reporting framework. In some cases the delineation between categories of programs has not been refined; instead a grouping of programs is identified at this time. 3) The UTRCA’s inventory includes only operating costs. Capital costs are extremely variable from year to year and would skew estimates. 4) The Regulation requires that the annual cost of each program and service be provided based on the average of the last five years; however, any other value that better reflects the cost of a program are permitted, provided it is justified. The UTRCA has indicated both a 5 year average and the 2022 estimate costs for programs and services. Utilizing a five year average fails to recognize significant changes in the past 5-year period including impacts to operations due to COVID, and inflation, particularly through 2021. In addition, with the high level of growth in the watershed, and corresponding demand for UTRCA programs and Services the 2022 budget provides a more accurate estimate of cost than a five year average. 5) Although previous agreements and MOUs have been negotiated for some of programs and services, we expect that all will need to be renegotiated to incorporate the requirements identified in regulation. Quarterly reports will identify the progress made on all negotiations. Page 123 of 342 February 28, 2022 15 | P a g e Corporate Administrative Costs Program Description: Key assistance provided to all departments of the conservation authority, board of directors, member municipalities and the general public to enable the UTRCA to operate in an accountable, efficient and effective manner. Costs are currently distributed to programs listed above. Note: The methodology for inclusion of these types of services will be finalized one the Phase 2 regulations are in place. Corporate Services Administrative, operating and capital costs which are not directly related to the delivery of any specific program or service, but are the overhead and support costs of a conservation authority, Oversight of programs and policies. Includes costs related to agreements/contracts and supporting CA Board, governance, administrative by-laws, General Manager and Management Team $694,153 Financial and Human Resources Services Employee management systems, training, health and safety programs, budgeting, accounts payable and receivable, payroll, financial analysis, financial audit, administration of reserves and investments, financial reports for funding agencies, preparing and submitting reports to CRA, benefits program administration. $841,828 Communications and Marketing Supporting delivery of products and programs through communication platforms (media, open houses, public meetings), website administration and maintenance responding to inquiries from the public. $488,469 Information Technology Management/ GIS Data management, records retention. Development and use of systems to collect and store data and to provide spatial geographical representations of data. Systems to support the collection, maintenance, analysis, reporting and communications on various corporate data sets including but not limited to: surface and groundwater quality and quantity, aquatic and terrestrial biology, geospatial data and imaging, financial and other corporate services, internal and external communications and collaboration, $756,288 Administration Buildings Administration buildings and workshops used to support UTRCA staff, programs and services. Includes utilities, routine and major maintenance, property taxes. Note: The Average Annual Cost does not include accessibility upgrades needed by January 1, 2025. $538,450 Vehicles and Equipment A fleet of vehicles and equipment to support the work of the UTRCA, including capital purchases, fuel, licenses, repairs and maintenance. Programs and projects are charged for the use of vehicles and equipment. $655,739 Page 124 of 342 Page 125 of 342 From:liz.graham@execulink.com To:Clerks Office Subject:Tillsonburg opposes proposed changes Date:Thursday, September 29, 2022 5:41:08 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. I don't agree with the changes either. Next thing will be Tillsonburg being swallowed up and becoming part of London. I was born in Mimico and that later became a small part of Etobicoke, along with manyother small towns - New Toronto, Long Branch, Alderwood and some others. Now theyhave all lost their identity and are part of Toronto. Not good. We moved to Tillsonburg 24 years ago to get away from the big city and we love it here. Don't make the change. Once it's done you can't go back. Elizabeth Ann Graham Page 126 of 342 From:cln To:Clerks Office Subject:Tillsonburg removal from Oxford Couty Federal Election Date:Thursday, September 29, 2022 11:52:32 AM We do not agree with this change. We are Oxford Provincially represented, why would youput us in another county for Federal election. This can only hurt our status when it comes to our welfare. This change is not a benefit for the residents of Tillsonburg. GERALD and CAROLINE NIBBELINK35 McGuire Cres. Tillsonburg, ONN4G 0G3 Sent from my Bell Samsung device over Canada's largest network. Page 127 of 342 Mayor Molnar and Tillsonburg Councillors: I am writing today about the current proposal put forward by Elections Canada for realignment of the electoral boundaries.. As I am sure you are aware the current proposal is to split the current Oxford County riding in two. Under the proposal, Tillsonburg will be assigned to the new Haldimand-Norfolk-Six Nations riding. The west end of Brantford will then be in the new riding of Oxford-Brant. I believe I have a unique perspective to these changes as a resident of Tillsonburg and employee of the MPP in Haldimand-Norfolk. As you know, provincial boundaries often follow those of the federal ridings. If this proposal goes forward, Tillsonburg will be the largest population centre in the new riding, yet its name is not part of the riding name. The real issues go far beyond the name of the riding though. With the new riding, Tillsonburg will be the only municipality in Oxford County which will be going to a MPP and MP in a different riding for support. This makes no sense and won’t be efficient. Beyond the issues facing Tillsonburg, the bigger picture problem is a diminished rural voice. Through these proposals, Ontario is gaining one seat yet rural ridings are growing in size. Elgin County is a perfect example with a doubling of the area of the riding. Basic math says the number of urban ridings will increase. Low voter turnout has long been a problem in Canada for politicians of all levels. One of the common reasons for citizen disengagement in the political process is people feel their voice is not heard. By making rural ridings smaller and diminishing the rural voice, it is making the problem worse, not better. As co-campaign manager for Bobbi Ann Brady, the only independent MPP elected in Ontario, one thing we heard on the campaign trail was people’s dissatisfaction with the political party system. They don’t feel their voice was being heard. I submit this as local evidence of the citizen disengagement in the political process, and question why Elections Canada would do anything to escalate this sentiment. Some of you may have attended the AMO convention recently in Ottawa. Did you notice that these proposals were released two days after the convention wound up? Let’s remember an election is taking place in Quebec this year too. These facts, combined with the short deadlines, lead one to believe the goal was to rush the riding alignment through with as little resistance as possible. Through discussions with federal political staff, I learned that when setting boundaries, Elections Canada is to stick to a range of 5 to 25 per cent of the population target. The commission that put forward this proposal was given a mandate to stick closer to five per cent. Page 128 of 342 To the average person this translates into representation by population or representation by geography. The current proposal definitely is representation by population– a proposal that disadvantages rural areas of Canada. As a resident of Tillsonburg, I ask you to not take these proposals lightly. I imagine I will be the only one writing on this issue as it’s not one that people are engaged with until it impacts them – when it’s too late. Please use all the tools at your disposal to oppose the redistribution proposal. Thank you Jeff Helsdon Page 129 of 342 Hi, I was reviewing the proposed riding changes and it appears that if the changes go through after consultation in 2023 for 2024 Tillsonburg will be separated from new Oxford - Brant riding. The new riding would be Haldimand - Norfolk - Six Nations. In my opinion this will give us very little effective representation since Tillsonburg has so little to do with the issues of most of Norfolk (except the area very near us) and especially we have nothing to do with Haldimand or Six Nations. How can Tillsonburg have any representation in a riding stretching from Oxford County to the Niagara Region. I worked for 20 years in Haldimand / Norfolk for MPAC and lived in Brantford and moved to Tillsonburg five years ago and I can tell you that the issues Haldimand / Norfolk / Six Nations have are night and day from small town Tillsonburg. Also, Tillsonburg has always been in Oxford County and with that long history how can our federal issues be handled by such vast and different riding as Haldimand -Norfolk-Six Nations. It appears that Tillsonburg with around 18000 souls was too much for the new Oxford - Brant Riding and Haldimand - Norfolk - Six Nations needed a few more souls so they tacked us on to this riding. This also concerns me with the present provincial government. In their last term the Ford government did a review of regional governments like Oxford County, and nothing was changed (yet) but if the federal riding can lop off Tillsonburg into a riding which we Page 130 of 342 have nothing in common what would stop the Ford government from removing Tillsonburg and putting us in Norfolk County. I have also emailed Dave Mackenzie MP on this issue but have heard nothing yet from his office. I am not looking for a solution from the Town Council and I believe you are already aware of this, but I just want the Council to hopefully agree that this is not in the best interest of our community and will do all that is possible to right this wrong. I would hope the Town Council will voice their concerns during the review period and work on getting our Town back in the proper riding with the rest of Oxford. Thanks for your time. Frank Van Heck Page 131 of 342 Page 132 of 342 Page 133 of 342 Page 134 of 342 Page 135 of 342 Page 136 of 342 November 9, 2022 Dear Head of Council: I am writing to provide details on 2023 funding allocations under the Ontario Municipal Partnership Fund (OMPF). We are announcing allocations now as we know that municipalities need this information to support municipal budget planning. Our government recognizes the importance of the OMPF for many of Ontario’s communities. We are committed to working in partnership with municipalities to build and strengthen our province. That is why our government has been increasing ongoing support to municipalities for example through the doubling of the Ontario Community Infrastructure Fund (OCIF) and the introduction of the Northern Ontario Resource Development Support (NORDS) program. Within the context of this increasing provincial support to municipalities, the government is maintaining both the overall structure of the OMPF and the program envelope at $500 million for 2023. The program will also continue to be responsive to changing municipal circumstances through annual data updates and related adjustments. As in prior years, transitional assistance will ensure that the 2023 funding guarantee for municipalities in northern Ontario will be at least 90 per cent of their 2022 OMPF allocation. Municipalities in southern Ontario will receive at least 85 per cent of their 2022 OMPF allocation. The Ministry of Finance’s Provincial-Local Finance Division will be providing your municipal treasurers and clerk-treasurers with further details on the 2023 OMPF. This information and other supporting materials are also available online at ontario.ca/document/2023-ontario- municipal-partnership-fund. …/cont’d Ministry of Finance Office of the Minister Frost Building S, 7th Floor 7 Queen’s Park Crescent Toronto ON M7A 1Y7 Tel.: 416-325-0400 Ministère des Finances Bureau du ministre Édifice Frost Sud 7e étage 7 Queen’s Park Crescent Toronto (Ontario) M7A 1Y7 Tél.: 416-325-0400 Minister of Finance | Ministre des Finances PETER BETHLENFALVY Page 137 of 342 - 2 - Maintaining a close relationship with our municipal partners remains critical as we continue to build Ontario’s economy during this time of economic uncertainty. I look forward to our continued collaboration in supporting strong, thriving communities across the province. Sincerely, Original signed by The Honourable Peter Bethlenfalvy Minister of Finance c.c. The Honourable Steve Clark, Minister of Municipal Affairs and Housing Page 138 of 342 Ontario Municipal Partnership Fund (OMPF) Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2022 2023 Allocation Notice Town of Tillsonburg 3204 County of Oxford In 2023, the Province is providing the Town of Tillsonburg with $662,200 in funding through the OMPF, which is the equivalent of $83 per household. A Total 2023 OMPF $662,200 1. Assessment Equalization Grant Component $662,200 2. Northern Communities Grant Component - 3. Rural Communities Grant Component - 4. Northern and Rural Fiscal Circumstances Grant Component - 5. Transitional Assistance - B Key OMPF Data Inputs 1. Households 7,982 2. Total Weighted Assessment per Household $275,694 3. Rural and Small Community Measure (RSCM) 0.3% 4. Farm Area Measure (FAM) n/a 5. Northern and Rural Municipal Fiscal Circumstances Index (MFCI) n/a 6. 2023 Guaranteed Level of Support 85.0% 7. 2022 OMPF $653,600 Note: See line item descriptions on the following page. Page 139 of 342 Ontario Municipal Partnership Fund (OMPF) Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2022 2023 Allocation Notice Town of Tillsonburg 3204 County of Oxford 2023 OMPF Allocation Notice - Line Item Descriptions A Sum of 2023 OMPF grant components and Transitional Assistance, which are described in the 2023 OMPF Technical Guide. This document can be accessed at: https://www.ontario.ca/document/2023-ontario-municipal-partnership-fund/technical-guide A5 If applicable, reflects the amount of transitional support provided to assist the municipality in adjusting to year-over-year funding changes. B1 Based on the 2022 returned roll from the Municipal Property Assessment Corporation (MPAC). B2 Refers to the total assessment for a municipality weighted by the tax ratio for each class of property (including payments in lieu of property taxes retained by the municipality) divided by the total number of households. B3 Represents the proportion of a municipality's population residing in rural areas and/or small communities. For additional information, see the 2023 OMPF Technical Guide, Appendix A. B4 Represents the percentage of a municipality's land area comprised of farm land. Additional details regarding the calculation of the Farm Area Measure are provided in the 2023 OMPF Technical Guide, Appendix B. B5 Measures a municipality's fiscal circumstances relative to other northern and rural municipalities in the province, and ranges from 0 to 10. A lower MFCI corresponds to relatively positive fiscal circumstances, whereas a higher MFCI corresponds to more challenging fiscal circumstances. For additional information, see the 2023 OMPF Technical Guide, Appendix D. B6 Represents the guaranteed level of support the municipality will receive through the 2023 OMPF. For additional information, see the 2023 OMPF Technical Guide. B7 Line A of 2022 OMPF Allocation Notice. Note: Grant components and Transitional Assistance are rounded up to multiples of $100. Page 140 of 342 Page 1 of 2 SUBJECT: 2022 Third Quarter (Q3) Finance Department Results Report Number: FIN 22-23 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report FIN 22-23, 2022 Third Quarter Finance Department results as information. BACKGROUND To provide Council with the actual January 1, 2022 to September 30, 2022 Finance Department financial results. DISCUSSION Summary of Operational Results Table 1: 2022 Operations Business Plan Objective Owner Target Date Status Financial System Upgrade Finance Q1 Completed AP Digitalization, implementation study with County and Ingersoll Finance Q1 2023 In progress, waiting for County’s implementation Purchase Order Pilot & GP Commitments to FMW Finance Q3 2023 Carried forward to 2023 Multi-year budget development Finance Q3 Operating complete; Capital in progress Reserve Policies Finance Q3 2023 Carried forward to 2023 Background work on 2023-2025 Goals Finance Q3-Q4 2023 Carried forward to 2023 Page 141 of 342 FIN 22-23, Q3 Financial Services Results Page 2 of 2 Table 2: 2022 Additional Information Objective Target Date Status 2021 Final Audit Q2 Completed Audited 2021 Financial Statements Q2 Completed 2022 Interim Audit Q3 Scheduled FINANCIAL IMPACT As detailed in the attached Appendix, the 2022 Q3 results for Finance shows transactions related to ’21 year-end surplus, OCIF grant and interest earned flowing through to reserves (note 6), labour costs being under budget due to gapping/vacancies (note 3), and purchases under budget, with some projects carried forward to 2023 (note 4). CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Projects – N/A ATTACHMENTS 1. Appendix A - 2022 Q3 Finance Operating Results Page 142 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 490,125 872,432 382,307 (78%)1 User Charges 18,000 19,469 1,469 (8%) Other Revenue 46,664 65,642 18,978 (41%)2 Contribution from Reserves 1,006,929 1,006,929 6 Total Revenues 554,789 1,964,472 1,409,683 (3%) Expenditures Labour 615,809 557,083 58,726 (10%)3 Purchases 78,392 38,910 39,482 (50%)4 Contracted Services 22,638 (5,474)28,112 (124%)5 Contribution to Reserves 1,422,610 (1,422,610) 6 Interfunctional Adjustments (170,401) (170,388) (13) (0%) Total Expenditures 546,438 1,842,741 (1,296,303) 2% Total Net Levy 8,351 121,731 113,380 (14%)0 Notes 1 OCIF Formula Funding - $382,307; 6 OCIF formula funding contributed to reserves - $382,307; Bank interest earned relating to Reserve account $33,200; 2021 YE surplus $1,006,929 2 Interest Revenue 3 FT labour - Vacancy Financial/Utility Analyst; Purchasing Coordinator 4 Training Expense under $10,200; Special Projects under $28,400 (A/P Digitization project carried forward to 2023) 5 Consulting, legal, audit services, timing of accrual invoices Page 143 of 342 Page 1 of 2 SUBJECT: 2022 Third Quarter Consolidated Financial Results Report Number: FIN 22-24 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report FIN 22-24 2022 Third Quarter Consolidated financial results as information. BACKGROUND To provide Council with the actual January 1, 2022 to September 30, 2022 Town wide consolidated financial results. DISCUSSION The attached data summarizes the variances between 2022 Budget to Sept 30, 2022 against 2022 Actuals to Sept 30, 2022. It also includes a forecast to Dec, 31, 2022, based on the percentage spent in the last quarter last year against the remaining budget this year. Questions or comments relative to the departmental 2022 third quarter revenues and expenditures should be referred to the applicable members of the Senior Leadership Team for commentary. FINANCIAL IMPACT The third quarter results reflect an overall Town wide consolidated 2022 surplus variance of $2.18M. This includes $191K in Building and Parking Services, which is transferred to an obligatory reserve at year-end. The year-to-date variance is also impacted by fluctuations in the timing of processing of revenues and expenditures Page 144 of 342 FIN 22-24, Q3 Consolidated Financial Results Page 2 of 2 throughout the year, as well as other reserve transfers that would be recommended at year-end. Thus, this preliminary figure is not a certain indication of what may be expected as the year progresses. We have, however, included a forecast to Dec, 31, 2022, based on the percentage spent in the last quarter last year against the remaining budget this year. In addition, we’ve included an Assessment Review Board decision recently received, with an impact of approx. $400K increase to our tax write-offs. All taken into account, the forecasted year-end surplus is approx. $650K. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Projects – N/A ATTACHMENTS 1. Appendix A - 2022 Q3 Consolidated Operating Results Page 145 of 342 2022 Q3 Financials & Year-End Forecast 2022 2022 2022 Q3 YTD Budget YE Forecast Variance 100 Council 7,423 334,900 374,951 (40,051) 105 Financial Services 113,380 38,000- 89,681- 51,681 110 Corporate Services 116,733 1,673,900 1,533,036 140,864 120 CSC 28,820 120,500- 145,629- 25,129 130 Fleet 141,472 28,300- 97,857- 69,557 150 Fire 63,118 1,423,400 1,344,059 79,341 160 Police 36,466 3,188,675 3,188,675 - 180 Protection 9,404 265,300 242,325 22,975 190 Building 190,936 1,325 - 1,325 200 Op Admin 6,672 261,800 258,139 3,661 210 Engineering 106,939 356,500 259,011 97,489 220 Roads 184,633 2,967,654 2,800,583 167,071 230 Parking 15,786 - - - 240 Airport (20,543) 40,000 85,248 (45,248) 280 Solid Waste & Recycling 55,027 203,500 305,684 (102,184) 300 Cem 44,696 178,700 158,719 19,981 450 Parks 61,609 839,100 778,036 61,064 455 Community Events 19,233 106,800 82,975 23,825 460 Rec - Programs 319,668 1,152,400 878,260 274,140 465 Rec - Bldg Mtce 213,608 2,844,899 2,653,216 191,683 467 EFC 2,039 47,900- 39,892- (8,008) 475 Museum 56,936 352,300 316,033 36,267 480 Transit Services 69,450 148,700 143,723 4,977 500 DCS 8,744 41,300- 48,300- 7,000 505 EcDev 71,019 373,500 341,758 31,742 145 Enterprise Services (815) 340,000- 339,346- (654) Taxation 261,007 255,000- 209,727 (464,727) 2022 Q3 Surplus/(Deficit)2,183,460$ YE forecasted Surplus/(Deficit)648,900$ Z:\F25 - Financial Plans (Budgets)\2022\2022 Quarterly Analysis\2022 Q3\2022 Quarterly Report Budget vs Actuals - Cost Code - Operating Q3.xlsx 11/4/2022 Page 146 of 342 Page 1 of 8 Subject: Third Quarter Economic Development and Marketing Results Report Number: EDM 22-27 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives Report EDM 22-27 Third Quarter Economic Development and Marketing Results as information. BACKGROUND Economic Development Activity Q3 2021 (ACTUAL) Q3 2022 (TARGET) Q3 2022 (ACTUAL) Lead Files Opened 72 55 54 Lead Files Closed 64 45 39 Corporate Visits 5 18 9 Client Visits 13 14 6 New Businesses Opened 16 11 29 Businesses Closed 10 N/A 12 Page 147 of 342 EDM 22-27 Page 2 of 8 Website (All Town Pageviews) 466,984 N/A 484,230 New Businesses Quarter Business Name/Address Q1 Blake Envelopes – 21 Innovation Dr Blame it on my roots Beauty Bar – 230 Lisgar Ave Fairview Holdings - 101 Cedar St Freelance Copy Writing** - Home Occupation Frontline Forklifts** - Home Occupation Phil Fix’d It** - Home Occupation Revive your Health – 230 Lisgar Ave The Mill Restaurant Inc* – 20 John Pound Rd Q2 Balan Engineering Corp** - Home Occupation Bar Burrito – 200 Broadway Dande vintage & thrift – 145 Simcoe St Dutch Brothers Concrete* – 10 Elm St Mr Lube & Tires* - 593 Broadway Off Grid Smokehouse & Market – 92 Simcoe St Popeye’s Lousiana Kitchen – 164 Broadway Preet Beauty Concept Inc** - Home Occupation Spark Candle Co Starbucks – 38 Oxford St Studio Rossa – 13 Ridout St W The Mediary Inc** - Home Occupation Thriver Company – 146 Tillson Ave Q3 Daksh* – 92 Simcoe St GRK Tech MC's Farm Fresh Produce – 518 Broadway Namu Sushi – 128 Broadway PVR Excavating – 47 Clearview Dr Shawarama Street – 102 Tillson Ave The Realty Firm Wiltshire Realty Inc – 21 Brock St E Wild Wings – 168 Simcoe St *Denotes business that replaced or took over an existing business/location with no material change in use and in the same calendar year **Denotes Home Occupation. Starting in 2020, these businesses have been included in new business start-ups to help identify entrepreneurial activity Page 148 of 342 EDM 22-27 Page 3 of 8 Closed Businesses Quarter Business Name/Address Q1 Canadan Shoe Outlet – 200 Broadway Mill Tales Inn – 20 John Pound Rd Mobile Links – 148 Broadway Q2 CRE Insurance – 211 Broadway Danscene – 146 Tillson Ave Lafarge Concrete – 10 Elm St Take 5 Oil Change - 593 Broadway Q3 Bridgeman Family Farms Growers Supply – 510 Broadway Lagoo Canabis – 71 Broadway Off Grid Smokehouse – 92 Simcoe St Turing Road – 38 Ridout St W Tillsonburg District Real Estate Board – 1 Library Lane The below tables summarize the status of the 2022 Business Plan Operating and Capital Budget objectives. Table 1: 2022 Business Plan Objectives Objective Budget Value Target Date Status Community Improvement Plan (Downtown Façade) $31,000 Ongoing Funds transferred to Business Improvement Association Community Improvement Plan $20,000 Ongoing No applications received to date Updated Economic Development Strategy Implementation $5,000 Ongoing Approval in principal by Council at their March 14 meeting Enhanced Business Processes (Apps) $5,000 Q1 Subscription to company prospecting tools (IBISWorld) Van Norman Innovation Park (Ontario Certification) $2,000 Q2 Deferred due to conditional sale of all lands in VIP Chamber Awards – Grant $4,000 Q3 Completed Chamber Awards – Sponsorship $4,000 Q3 Completed Community Video Production $10,000 Q3 Nearing completion Bridges to Better Business $1,000 Q3 Completed Page 149 of 342 EDM 22-27 Page 4 of 8 Youth Robotics Challenge $1,000 Q4 Contract signed Discover Tillsonburg $8,000 offset by revenue of $6,000 Ongoing Tillsonburg News insert created to celebrate Tillsonburg’s 150th anniversary. Fall magazine cancelled due to websites revamp Pandemic Business Recovery (MyMain Street) $2,000, but TBD subject to grant funding approval Q4 Grant application not approved Town Hall Project Support N/A Ongoing In process Continue to facilitate discussions and networking with potential partners to review additional opportunities for Short Line Rail connectivity within the Town of Tillsonburg. N/A Q4 Service along the Cayuga Subdivision rail line re-started in January. Business development activities ongoing Engineering Design Services for Rokeby Road Property $265,000 with offsets Q4 In process Wayfinding Signage $53,649 per Report EDM 21-27 Q4 Completed Consultations for Mall Parking Lot Reconfiguration $5,000 Q4 Not initiated VIP Phase 2 Conceptual Plan Development $50,000 (funded by reserves) Q4 Preliminary consultation meeting held, reviewing costs for Plan of Subdivision application preparation and submission High Tech Manufacturing Action Plan $5,000 Ongoing Webpage created at www.Tillsonburg.ca/hightech, video and ad creation underway, Re-launched on July 14. Event planning for Q4 CFOxford Partnership (Pop-up) $5,000 Q4 Initiated Page 150 of 342 EDM 22-27 Page 5 of 8 Airport Business Development (Fly-in Tours) TBD Q4 Initiated Project Big Swing TBD Ongoing Further to Council’s review at their January 21, 2021 meeting, plan being revised for future consideration County Surplus Rail Lands TBD Ongoing Completed DISCUSSION In terms of Economic Development & Marketing activity, investment interest in the Town remained strong with the number of lead files on target. However, the most impressive statistic is the number of New Businesses opened, which totalled 29 for the first three quarters of the year. 12 Businesses have closed for net new businesses of 17. Additional activities undertaken include the acquisition of the 25 Maple Lane property, additional work required to resolve title matter with respect to the Van Norman Innovation Park, and planning and execution of the Oxford Connection (Real Estate) Familiarization Tour held on September 21 – 22 with 36 attendees over the 24 hour period of the event. Key successes, including The Oxford Estates redevelopment project that was a result of the 2018 tour, were highlighted along with current and future investment opportunities. 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 regular summary of these metrics. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department financial results for the third quarter of 2022 are as follows: Department Variance (Brackets denote over budget) Explanation Development & Communications (500) $8,744 No Discover Tillsonburg Advertising Revenue Discover Tillsonburg Expenses Page 151 of 342 EDM 22-27 Page 6 of 8 Economic Development (505) $71,019 Supplies Exp over $3,400, Advertising Expense over $4,100, Books & Publications Expense over $2,200, Special Projects Under $40,000 - Automated Business directory Application Subcontractor Exp under $20,000 - Community Improvement Plan Rebates (CIP) TOTAL $79,763 At this time, there are no anticipated impacts to the budget. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information and opportunities to shape municipal initiatives Strategic Direction – Not applicable Priority Project – Not applicable ATTACHMENTS Appendix A – DCS and Economic Development Operating Summary Page 152 of 342 EDM 22-27 Page 7 of 8 Appendix A – DCS and Economic Development Operating Summary 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 3,000 (3,000)(100%)1 Total Revenues 3,000 (3,000)(1%) Expenditures Purchases 34,700 22,956 11,744 (34%)2 Total Expenditures 34,700 22,956 11,744 Total Net Levy (31,700)(22,956)8,744 Notes 1 Discover Tillsonburg Advertising Revenue 2 Discover Tillsonburg Expenses Page 153 of 342 EDM 22-27 Page 8 of 8 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 21,500 23,598 2,098 (10%) User Charges 53,900 53,857 (43)(0%) Contribution from Reserves Total Revenues 75,400 77,455 2,055 Expenditures Labour 150,072 149,326 746 (0%) Purchases 113,871 74,171 39,700 (35%)1 Contracted Services 32,126 3,593 28,533 (89%)2 Contribution to Reserves 29,400 29,407 (7) (0%) Interfunctional Adjustments (11,925) (11,925) - 0% Debt Principal & Interest 42,234 42,242 (8) (0%) Total Expenditures 355,778 286,814 68,964 Total Net Levy (280,378)(209,359)71,019 Notes 1 Supplies Exp over $3,400; Advertising Expense over $4,100; Books & Publications Expense over $2,200; Special Projects Under $40,000 - Automated Business directory Application 2subcontractor Exp under $20,000 - Community Improvement Plan Rebates (CIP) Page 154 of 342 Page 1 of 5 Subject: Fire and Emergency Services 2022 Third Quarter Report Report Number: FRS 22-04 Department: Fire and Emergency Services Submitted by: Shane Caskanette, Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Report FRS 22-04 Fire and Emergency Service 2022 Third Quarter Report be received as information. BACKGROUND To provide Council with July 1, 2022 to September 30 2022 Fire and Emergency Services performance results. DISCUSSION SUMMARY OF BUSINESS PLAN OBJECTIVES 2022 Business Objectives Objective Target Date Status Increase Fire Prevention Inspection & Public Education Awareness Program Q1 / Q2 / Q3 / Q4 Ongoing Implement Mandatory NFPA Compliant Training Programs and Officer Development Q1 / Q2 / Q3 / Q4 Ongoing Continue to Develop and Implement Cancer, PTSD, Mental Health Risk Reduction Program Q1 / Q2 / Q3 / Q4 Ongoing Update Establishing and Regulating By-law Q 4 2022 Ongoing Revise Emergency Management Program and Plan Q 4 2022 Ongoing Page 155 of 342 FRS 21-09 Page 2 of 5 Key Performance Indicators The average number of firefighters attending training sessions was nineteen (19). The average attendance at fire incidents are as follows:  Platoon Calls - 11 firefighters respond  All Calls - 12 firefighters respond  Medical Calls - 9 firefighters respond 2022 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 17 423 Burning Controlled 19 50 Pre Fire Conditions/ No Fire 15 75 False Fire Calls Alarm Activations 73 303 Carbon Monoxide False Calls 20 62 Public Hazard 13 89 Rescue MVC 35 226 Medical/Resuscitator Call 41 73 Other Response 53 68 YTD 286 1,369 2022 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 3 $19,430,000 $3,000,000 3,500,000 $12,870,000 Q2 2 $1,400,000 $255,000 60,000 $1,085,000 Q3 2 $1,500,000 $260,000 $55,000 $1,185,000 Q4 YTD Total 7 $22,330,000 $3,515,000 $3,615,000 $15,140,000 Fire Prevention Inspections 3rd Quarter 2022 Year to Date New Inspections 17 60 Ongoing Inspections 83 83 Legal Action 0 0 Closed 33 230 Page 156 of 342 FRS 21-09 Page 3 of 5 Public Education Types 2022 3rd Quarter 2022 Year to Date Age Groups Served YTD Fire Public Education Presentations and Events 9 19 Under 5 =68 Ages 5-10 = 104 Ages 11-15 - 11 Ages 16-25 = 6 Ages 26-54 = 34 Ages 55+ = 108 All Ages (Group) = 1000 Social Media (1 Month Total) =460,592 Emergency Management Public Education Presentations and Events 0 2 Emergency Management – Social Media 5 42 Fire Public Education - Social Media 73 176 Fire Communication Report After Hours Town of Tillsonburg Calls 2022 3rdQuarter On Call Called Out 2022YTD On Call Called Out YTD Town Administration 749 N/A 1,506 N/A OPP 60 N/A 160 N/A Roads 12 7 138 53 Hydro 117 28 271 29 Water/Waste 41 17 124 42 By-Law Enforcement/Parking 10 3 17 3 Animal Control 0 0 1 0 Garbage Collection/Transfer Station 21 0 81 0 Fleet 1 0 25 0 Community Centre/Parks 22 0 33 0 Facilities 2 0 12 1 Fire Communications (Tillsonburg only) 2022 3rd Quarter 2022 YTD Administration Lines 372 1,824 Fire Incidents 111 286 Fire Communication Services (Customers) 2022 3rd Quarter 2022YTD Emergency Calls Received 3,473 8,949 Non Emergent Calls Received 2,561 7,762 Actual Fire Incidents Dispatched 1,913 4,565 Page 157 of 342 FRS 21-09 Page 4 of 5 CONSULTATION N/A FINANCIAL IMPACT/FUNDING SOURCE Q3 Financial Review 2022 2022 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 55,561 55,561 1 User Charges 688,197 689,454 1,257 (0%) Total Revenues 688,197 745,015 56,818 Expenditures Labour 1,057,167 1,055,229 1,938 (0%) Purchases 146,537 155,066 (8,529) (6%) 2 Contracted Services 104,993 91,638 13,355 (13%) 3 Contribution to Reserves - Interfunctional Adjustments 243,751 243,747 4 (0%) Debt Principal & Interest 45,569 46,037 (468) (1%) Total Expenditures 1,598,017 1,591,717 6,300 Total Net Levy (909,820) (846,702) 63,118 Notes 1 Modernization Intake 3 funding - Fire Service Modernization Program 2 Equipment Supplies & Repair Expense over $15,100; Building Repairs over $4,800; Training Expense under $7,900; HLW Expense under 4,100 3 Equipment Maintenance. Contract Expense under $10,800 Page 158 of 342 FRS 21-09 Page 5 of 5 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Expand community partnerships in the delivery of programs and amenities. Priority Project – Not applicable. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Project – Explore opportunities for service efficiencies in partnership with adjacent municipalities. Priority Project – Not applicable. ATTACHMENTS None. Page 159 of 342 Page 1 of 3 Subject: 2022 Q3 COVID-19 Impact Report Report Number: FIN 22-25 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Report # FIN 22-25 2022 Q3 Covid-19 Impact Report be received as information. BACKGROUND During budget deliberations, Council discussed Covid-19 and its impact in relation to the draft 2022 budget. Subsequently, at its regular meeting on January 27, 2022, Council passed the following resolution: Resolution # 2022-037 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff provide Council with a quarterly report which provides a financial update pertaining to expenses, income and losses in revenue due to COVID with a breakdown for each department. Carried DISCUSSION Staff have previously reported that the 2021 budget had reflected an approximate $715,759 COVID-19 impact by way of 6 months of reduced revenues (reduced recreational admission fees, fewer memberships, reduced attendance at seasonal programs, fewer transit riders, etc.) or increased expenditures (masks, cleaning Page 160 of 342 FIN 22-25 Page 2 of 3 supplies and contractor costs, etc.), as shown in the adjacent table. The majority of the impact was identified as reduced revenues in Recreation, Culture and Parks Dept. During 2022 budget deliberations, staff noted that the revenues and expenses impacted by COVID-19 in 2021 were anticipated to be similarly impacted for 6 months in 2022, given the then continuation of COVID-19 measures. Looking to the Province as an example, to measure the impact of COVID-19 on transit ridership revenues, the Ministry of Transportation (MTO) calculated the difference in actual revenues received in 2021 against the revenues budgeted for in 2020, as that budget would have been developed in 2019 and represents pre-COVID activity levels. Similarly, since COVID-19 measures first took effect late March 2020, the Town’s third quarter actuals of 2019 can be compared with the third quarter results of 2020, 2021 and 2022 to assess differences in activity levels. Appendix A includes Q3 actuals for 2019, 2020, 2021 and 2022 for the Recreation, Culture & Parks (RCP) Dept. As noted in prior reports, the impact was felt mostly in user fees. Using 2019 as the base year (all years Jan 1 to Sep 30th):  2020 actuals were down $578K, with COVID impacts from April onwards;  2021 actuals were down $608K, with a full year of COVID impacts;  2022 actuals down $191K, with Jan in lockdown, and modified Steps coming out of lockdown Feb onwards. Other expenditures in terms of supplies, masks, etc. tracked specific to COVID-19, show Q3 2021 costs of $35,657 vs. Q3 2022 costs of $5,706. FINANCIAL IMPACT/FUNDING SOURCE Most of the Provincial funding received over the last two years, including $51K net for the vaccine clinic (’21-’22), $461.7K (’20) and $92K (’21) Safe Restart funding, $295K Recovery funding (’21), and Safe Restart Transit funding of $8K (‘21), have offset some of the impacts of reduced revenues & increased expenditures. Barring any further COVID-19 measures being re-instituted that would impact user fee activity, the trend of increased revenues from user fees should continue. 6 month 460 Rec - Programs (535,800)$ 465 Rec - Bildg Maint (139,000)$ 475 Museum (3,200)$ 475 PPE (92.40)$ Complex PPE (1,170)$ Facilities PPE (24,000)$ Cemetery PPE (446)$ (703,263)$ Roads PPE (854)$ Fleet PPE (576)$ Water PPE (309)$ Hydro PPE -$ CSC PPE (395)$ Corp PPE (461)$ Fire PPE (802)$ (3,396)$ 480 Transit (9,100) (715,759)$ Covid Impact of… Page 161 of 342 FIN 22-25 Page 3 of 3 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS 1. Appendix A – RCP 2019 to 2022 Q3 Actuals Comparison Page 162 of 342 2019 2020 2021 2022 2019 vs 2022 Actuals Actuals Actuals YTD Actuals Q3 Diff Revenues Grants 63,225 127,505 69,627 38,425 User Charges 3300 Misc Rev 40,418 20,866 22,621 30,690 3305 Admissions 64,500 15,254 57,085 96,542 3310 Fares 38,309 33,445 33,325 3315 Memberships 129,318 58,195 11,881 80,663 3320 Seasonal Rev 69,214 42,730 11,307 3321 Niche Sales Rev 35,688 29,495 66,780 37,485 3322 Plot Sales Rev 12,086 6,300 11,715 15,720 3323 Services Rev 42,960 37,019 41,247 51,545 3324 Foundation Rev 5,314 10,337 12,854 6,482 3325 Sports Fields Fees 27,005 4,127 12,827 27,489 3330 Youth Program Fees 181,366 58,951 43,826 121,102 3335 Adult Program Fees 45,886 18,422 8,842 12,593 3340 Summer Programs 74,550 (538)58,424 77,095 3350 Minor Hockey 107,334 63,526 6,138 3355 Figure Skating 49,847 21,052 9,903 3360 Programs 38,464 11,968 57,008 147,292 3375 F.A.R.E. Subsidy 6,240 20,984 21,475 2,360 3500 Rent Rev 171,277 141,638 99,226 214,329 3505 Merch Rev 661 158 146 1,951 3510 Concession Sales 29,942 3,955 15,157 27,837 3515 Vending Machines 5,540 1,139 791 3710 Prepaid on Account 729 (39)(16) Total User Charges 1,176,648 598,984 568,446 985,291 -191,357 Other Revenue 54,419 46,174 30,638 31,642 Specified Revenue 12,684 5,560 13,214 13,371 Contribution from Reserves 16,300 24,785 30,300 Total Revenues 1,323,276 803,008 712,225 1,068,729 Expenditures Labour 2,211,153 2,097,391 2,127,897 2,408,069 Purchases 905,266 739,673 870,262 836,670 Contracted Services 427,572 411,472 314,203 408,085 Contribution to Reserves 31,088 22,085 34,393 35,169 Interfunctional Adjustments 253,730 312,975 327,591 348,934 Debt Principal & Interest 402,934 401,077 390,311 390,712 Total Expenditures 4,231,743 3,984,673 4,064,657 4,427,639 Total Net Levy (2,908,467)(3,181,665)(3,352,432)(3,358,910) Page 163 of 342 Page 1 of 7 Subject: 2022 Third Quarter Building, Planning & By-Law Services Results Report Number: OPD 22-45 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT report OPD 22-45 - 2022 Third Quarter Building, Planning & By-Law Services Results, be received as information. BACKGROUND This report contains information on activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2022 to September 30, 2022. DISCUSSION BUILDING SERVICES Construction activity in the Town of Tillsonburg remains strong, however, a reduction in activity was experienced compared to the record setting 2021. The major shortfall in the decrease in activity was recorded in the residential sector, particularly single detached dwellings. These statistics are noted in the tables that follow. 2022 – Building Permit Activity Overview - Q3 ending (Jan 1/22 – Sept 30/22) Total Permits Issued 415 Total Construction Value $84,743,690 Total Permit Revenue $789,887 Page 164 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 2 of 7 Value of Construction by Sector (Jan 1/22 – Sept 30/22) Value of Construction Comparisons (Jan 1/22 – Sept 30/22) TYPE 2017 2018 2019 2020 2021 2022 Residential (Value) 17,016,615 28,232,022 37,280,328 38,343,997 92,343,383 68,698,650 Commercial (Value) 1,271,159 6,346,180 1,735,984 2,022,905 1,255,230 921,540 Industrial (Value) 488,804 1,428,002 357,747 3,781,580 3,980,059 14,289,500 Institutional (Value) 546,900 2,393,665 3,740,840 90,718 590,000 834,000 TOTAL 19,323,478 38,399,869 43,114,899 44,239,200 98,168,672 84,743,690 Residential 81% Commercial 1% Industrial 17%Institutional 1% Page 165 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 3 of 7 Number of Permits Issued (Jan 1/22 – Sept 30/22) TYPE 2017 2018 2019 2020 2021 2022 Single Detached Dwellings 64 65 57 82 156 63 Townhouse Dwellings - - - - 145 94 Total Dwelling Units 70 170 225 125 305 166 Total All Permits 351 348 362 368 515 415 Residential Development (Jan 1/22 – Sept 30/22) DEVELOPER NUMBER OF SINGLE DETACHED DWELLINGS Hayhoe Homes 30 Wagler Homes 7 Everest Estate Homes 4 Trevalli Homes Ltd 7 ProMar Homes Inc 3 Gentrac Homes 0 Dalm Construction 2 Oxnard Developments 0 Wolf Homes Inc 3 Misc. 2 Private 5 Inspection Activity Comparisons (Jan 1/22 – Sept 30/22) Output Measures/Activity 2019 2020 2021 2022 Building Inspections Completed 1641 1782 2844 1760 Page 166 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 4 of 7 Major Construction/Development Projects:  301 Rokeby – Armtec – new industrial (3 buildings)  3 Rouse – Future Transfer - industrial (addition & new building)  131 Rolph – Food Bank – alterations  98 King – 5 storey/49 unit apartment building  51 Broadway – change of use - residential apartments  31 Victoria – Tillsonburg Non-Profit Housing – alteration/addition – 18 unit apartment building  61 Townline – Cedarcrest Wood Products – industrial addition  19 Van St – Sewage Treatment Plant upgrades  1417 Bell Mill Side Road – THK - warehouse addition  2 Clearview – storage facility buildings (2)  Lot 2 VanNorman Innovation Park – new industrial  Northcrest Estates Subdivision PH 1 - Hayhoe Homes  Northcrest Estates Subdivision - PH 2 - Hayhoe Homes  101 North St E – 59 unit townhouse development – Hayhoe Rentals  Potters Gate Phase 3 – 53 singles & 26 towns – Oxnard Developments  361 Quarter Town Line – 360 West Development – towns & stacked condos Building Financial Impact Financial records indicate that the Building sector has a surplus of $244,934 at the end of Q3. The increase in activity reported in Q1 & Q2 is a direct result of the increase in revenue found in the financial records. The forecast for year end is to be on budget. PLANNING SERVICES 2022 Planning activity has continued to remain very active particularly with continued increase in activity in minor variance, zoning and site plan applications/approvals. Planning Activity (Jan 1/22 – Sept 30/22) Output Measures/Activity 2017 2018 2019 2020 2021 2022 Minor Variance Applications 6 13 7 6 14 12 Zone Change Applications 8 4 7 8 8 14 Site Plan Formal Consultations 3 0 2 1 2 5 Site Plan Approvals 2 5 6 4 3 7 Site Plan Applications (in progress) 3 9 4 2 7 5 Page 167 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 5 of 7 Subdivision Agreements 2 0 2 3 2 1 Pre-Servicing Agreements 0 3 1 2 2 2 Official Plan Amendments 1 0 1 2 3 3 Site Plan Applications (in progress)  133 North Street East  1444 Bell Mill Side Road  Lot 1 VIP  3 Rouse Street  45 Hardy Avenue BY-LAW SERVICES Records indicate that by-law and property standard enforcement activities and occurrences are consistent with previous years. Parking tickets issued recorded an increase and is comparable to pre-COVID-19 statistics. These activities are noted in the table below. By-Law Activity (Jan 1/22 – Sept 30/22) Output Measures– Quantity 2018 2019 2020 2021 2022 Parking Tickets Issued 503 466 209 247 473 Animal Tags Issued Cats 970 1301 879 848 - Dogs 2501 2193 1929 1962 1869 Enforcement – Complaints and Occurrences Parking, Noise, Garbage, Taxi 119 - 211 180 170 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 244 - 177 213 214 Animal Control 205 - 200 182 141 Page 168 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 6 of 7 By-Law Financial Impact Financial records indicate that the By-Law sector has a surplus of $9,404 at the end of Q3. The forecast for year end is to be on budget. A copy of the financial summary has been attached to this report. DEPARTMENTAL TASKS/BUSINESS OBJECTIVES 2022 Business Plan Objectives Objective Target Project Status Review and implement CloudPermit customer payment integration Q2 Q4 In Progress Complete Amanda/CloudPermit Integration Q1 Q4 In Progress Inspector Training/Consistency & Policy Review Program Q4 Completed Communicate Building Code Amendments Q4 Completed 2022 Building Code Amendments – Notify/educate designers, contractor and general public Q1 Complete By-Law Reviews – Building By-Law (in progress), Garbage/Dumping By-Law (in progress), Pool Enclosure By-law (completed) Q4 In Progress Central Area Design Study – Façade Improvement Program Q4 In Progress Implement Planning Application Web Portal & Digital Service Delivery Q4 In Progress Review Planning Process & Procedures Q3 Complete Review Innovative Options related to MMAH More Homes, More Choice: Ontario’s Housing Supply Action Plan - secondary dwelling units, tiny homes, etc. Q2 Q3 Q4 In Progress CONSULTATION N/A FINANCIAL IMPACT/FUNDING SOURCE See attached financials. Page 169 of 342 OPD 22-45 – 2022 Third Quarter Building, Planning & By-Law Services Results Page 7 of 7 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction - Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. Priority Projects – N/A ATTACHMENTS - 2022 Q3 Budget vs Actuals – Building - 2022 Q3 Budget vs Actuals - Protection Page 170 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 721,121 835,461 114,340 (16%)1 Total Revenues 721,121 835,461 114,340 Expenditures Labour 489,278 440,556 48,722 (10%)2 Purchases 52,268 49,737 2,531 (5%) Contracted Services 62,379 37,036 25,343 (41%)3 Contribution to Reserves Interfunctional Adjustments 79,875 79,875 0% Total Expenditures 683,800 607,204 76,596 Total Net Levy 37,321 228,257 190,936 (5%)0 Notes 1 Permit Revenue over 2 FT labour under $35,500 - vacancy 3 Subcontractor Exp under 26,900 Any surplus at year end will be contributed into the Building Department Obligatory Reserve Page 171 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 55,803 58,430 2,627 (5%) Total Revenues 55,803 58,430 2,627 Expenditures Labour 186,291 186,211 80 (0%) Purchases 25,785 16,832 8,953 (35%)1 Contracted Services 9,686 11,942 (2,256) (23%) Interfunctional Adjustments 24,975 24,975 0% Total Expenditures 246,737 239,960 6,777 Total Net Levy (190,934)(181,530)9,404 Notes 1 Supplies Expense under $4,900; Training Exp under $2,800 Page 172 of 342 Table 1: 2022 Operating Business Plan Subject: 2022 Third Quarter Operations and Development Services Report Number: OPD 22-47 Department: Operations and Development Department Submitted by: Shayne Reitsma, Interim Director of Operations and Development Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT report OPD 22-47 2022 Third Quarter Operations and Development Services be received as information. BACKGROUND To provide Council with the January 1, 2022 to September 30, 2022 Department year to date operational and financial results for the Operations and Development Department. DISCUSSION 2022 Business Objectives and Capital Projects: Objective Target Date Q3 Project Status Renegotiations of Westtown Line Boundary Road Agreement Q4 In progress Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3 Cancelled Airport Website redesign Q3 In progress Renegotiations of the Traffic Signal/Streetligths maintenance Agreement Q3 In progress Investigate Private Woodlot East of Runway 08-26 Removal Options Q4 In progress Finalize Engineering Design Criteria & Standard Drawings Q3 Completed Page 1 of 5 Page 173 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services Asset Management Plan Update – Core Assets Q2 Completed Lincoln Street Reconstruction Detailed Design Q4 In progress Townline Road Reconstruction Detailed Design Q4 In progress Goshen Street Reconstruction Detailed Design Q4 In progress Table 2: 2022 Capital Business Plan Objective Target Date Q2 Project Status Kinsmen Bridge Upgrade Design Q4 In Progress – Awarded to Planmac Facilities Asset Management Q3 Completed 2022 Asphalt Resurfacing Program Q3 Completed Woodcock Drive and Pheasant Crt – Design Q3 In progress – Awarded to GM Blueplan 2022 Sidewalk Inspection Program Q4 Completed Cranberry Rd - Design Q3 In Progress – Project Awarded to CJDL Engineering Beech Blvd and Stoney Creek - Retaining Walls Reconstruction Q3 Q3 2023 In progress – Project will be retendered by December 2022 Stoney Creek Sanitary Sewer Retaining Walls - Design Q4 In progress – Awarded to Matrix Solutions Lindsay St Reconstruction Q3 Completed Frances St Reconstruction Q3 Completed 3D Lidar – Manhole Condition Assessment Q4 Completed Stoney Creek Sanitary Trunk Main Repair Q4 Completed 2020 CFWD - Young Street Storm Outlet Class Environmental Assessment (Design) Q4 Completed Page 2 of 5 Page 174 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services Light Duty Vehicles 2021 CFWD - Water unit #28 – Replace pickup truck Q3 2021 Q3 Completed 2021 CFWD - Fire unit #37 – Replace pickup truck Q4 2021 Q1 2023 In progress 2021 CFWD – Fire unit #38 – Replace SUV Q3 2021 Q1 2023 In progress 2021 CFWD - Hydro unit #65 – Replace pickup truck Q3 2021 Q3 Completed 2021 CFWD - New Parks/Facilities unit - mini cargo van Q3 2021 Q3 Awarded / Delivery expected August 2022 Heavy Duty Vehicles Roads unit #80 – Replace loader Q4 In Progress Roads unit #63 – Replace snowplow/sander Q2 2024 In Progress Off Road Equipment Roads unit #203 – Replace zero turn mower Q4 Awarded / Delivery expected December 2022 Roads unit #98 - Replace trackless flail mower Q3 Completed Roads unit #135 - Replace trackless boom flail Q3 Completed New sidewalk plow for Roads Q3 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: Key Indicators Key Indicators 2021 2020 2019 2018 2017 2016 2015 2014 Roads (Lane km) 242.3 238.3 235.4 234.1 233.6 229.4 226.8 226.1 Sidewalks (km) 117.1 107.6 98.6 97.4 96.6 94.2 91.6 89.5 Page 3 of 5 Page 175 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services GOALS FOR NEXT QUARTER  Continue renegotiation of Westtown Line Boundary road agreement  Complete redesign of the Airport website CONSULTATION The following staff/resources have been consulted for this report:  Senior Analyst/Deputy Treasurer  Manager of Public Works  Manager of Engineering FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2022 Q3 Operations Services overall variance is summarized in Table 4. Table 4: Second Quarter Budget vs. Actual Variance Summary CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Page 4 of 5 Department Surplus / (Deficit) Operations Administration 6,672 Engineering Services 106,939 Public Works 184,633 Municipal Parking 15,786 Airport Operations (20,543) Waste Management 55,027 Fleet Services 141,472 Transit Services (In-Town) 69,450 Total Variance $559,436 Surplus Page 176 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. Priority Project – N/A ATTACHMENTS: Appendix A – Operating Summaries Page 5 of 5 Page 177 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 202,077 198,862 3,215 (2%) Purchases 9,219 5,766 3,453 (37%) Interfunctional Adjustments (18,374) (18,378) 4 (0%) Total Expenditures 192,922 186,250 6,672 Total Net Levy (192,922)(186,250)6,672 Page 178 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 50,000 49,862 (138)(0%) User Charges 10,167 39,339 29,172 (287%)1 Total Revenues 60,167 89,201 29,034 Expenditures Labour 469,286 428,352 40,934 (9%)2 Purchases 60,250 60,770 (520) (1%) Contracted Services 37,499 37,499 (100%)3 Interfunctional Adjustments (159,452) (159,444) (8) (0%) Total Expenditures 407,583 329,678 77,905 Total Net Levy (347,416)(240,477)106,939 Notes 1 Additional Site Plan & Sub Division Reviews -$24,700 2 FT labour under $39,200 - Vacancies; FT OT under $1,800 4 GIS services from the County under Page 179 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 1,500 1,500 Contribution from Reserves Total Revenues 1,500 1,500 Expenditures Labour 847,108 835,536 11,572 (1%)1 Purchases 505,368 369,794 135,574 (27%)2 Contracted Services 169,145 132,975 36,170 (21%)3 Interfunctional Adjustments 380,916 380,952 (36) (0%) Debt Principal & Interest 317,313 317,460 (147) (0%) Total Expenditures 2,219,850 2,036,717 183,133 Total Net Levy (2,219,850)(2,035,217)184,633 Notes 1 FT Overtime over $48,100 -Winter Maintenance; FT regular under $59,900 - allocation of staff time & Vacancies 2 Supply Expense under $67,800; HLW under $46,800; Insurance Exp under $19,300; Training Exp under $4,600 3 Net Subcontractor Expenses under $36,200 Page 180 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS 146,206 147,222 1,016 (1%) Total Revenues 146,206 147,222 1,016 Expenditures Labour 25,805 8,664 17,141 (66%)1 Purchases 12,500 17,860 (5,360) (43%)2 Contracted Services 26,127 23,115 3,012 (12%) Contribution to Reserves - Interfunctional Adjustments 34,574 34,578 (4) (0%) Debt Principal & Interest 6,427 6,446 (19) (0%) Total Expenditures 105,433 90,663 14,770 Total Net Levy 40,773 56,559 15,786 Notes 2 Supplies Exp over $3,900 1 Allocation of staff time Any surplus at year end will be contributed into the Downtown Parking Lot Reserve Page 181 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 316,922 452,783 135,861 (43%)1 Other Revenue 50 50 Total Revenues 316,922 452,833 135,911 Expenditures Labour (645)645 Purchases 199,822 353,063 (153,241) (77%)2 Contracted Services 116,425 120,323 (3,898) (3%) Interfunctional Adjustments 10,277 10,269 8 (0%) Debt Principal & Interest 2,699 2,667 32 (1%) Total Expenditures 329,223 485,677 (156,454) Total Net Levy (12,301)(32,844)(20,543)(2%) Notes 2 Fuel purchases over $111,700; External Tax Payment over $,43,500 - timing issue 1 Fuel sales over $141,150 Page 182 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 46,300 46,301 1 (0%) User Charges 101,806 59,902 (41,904)(41%)1 Contribution from Reserves Total Revenues 148,106 106,203 (41,903) Expenditures Labour 38,413 54,917 (16,504) (43%)2 Purchases 127,078 25,145 101,933 (80%)3 Contracted Services 80,293 68,804 11,489 (14%)4 Interfunctional Adjustments 100,803 100,791 12 (0%) Total Expenditures 346,587 249,657 96,930 Total Net Levy (198,481)(143,454)55,027 Notes 2 Net labour over - FT OT over $10,300 1 Scrap Metal revenue over $15,700; Bag Tag sales under $57,700 3 Bag Tag Expense under $53,100; Special Project Exp under $50,000 - Waste Management Review Study 4 Large Item Bins - Transfer Station Page 183 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 1,164,287 1,172,880 8,593 (1%) Total Revenues 1,164,287 1,172,880 8,593 Expenditures Labour 256,601 215,542 41,059 (16%)1 Purchases 478,469 389,439 89,030 (19%)2 Contracted Services 7,070 3,294 3,776 (53%) Contribution to Reserves Interfunctional Adjustments 7,124 7,128 (4) (0%) Debt Principal & Interest 254,153 255,135 (982) (0%) Total Expenditures 1,003,417 870,538 132,879 Total Net Levy 160,870 302,342 141,472 (1%) Notes 1 FT Labour - Vacant position 1 Equipment Rental Expense under $16,300; Fuel & Oil Expense over $16,900; Equipment Supplies & Repairs Expense under $61,900; Licence Exp under $7,900; Insurance under $6,200 Page 184 of 342 OPD 22-47 2022 Third Quarter Operations and Development Services 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 402,400 401,760 (640)(0%) User Charges 27,149 26,333 (816)(3%) Total Revenues 429,549 428,093 (1,456) Expenditures Labour 60,941 59,259 1,682 (3%) Purchases 20,122 13,283 6,839 (34%)1 Contracted Services 451,350 388,961 62,389 (14%)2 Interfunctional Adjustments 6,674 6,678 (4) (0%) Total Expenditures 539,087 468,181 70,906 Total Net Levy (109,538)(40,088)69,450 (1%) Notes 1 Special Project Exp under $9,000 - Transit Consultant; COVID Exp over $4,500 2 Subcontractor Exp under $66,400 - timing of invoices Page 185 of 342 Page 1 of 4 SUBJECT: 2022 Third Quarter Corporate Services Department Report Number: CS 22-34 Department: Corporate Services Department Submitted by: Kyle Pratt, Chief Administrative Officer Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report CS 22-34 2022 Third Quarter Corporate Services Department results as information. BACKGROUND To provide Council with the actual January 1, 2022 to September 30, 2022 Corporate Services Department financial results. DISCUSSION Summary of Operational Results Objective Owner Target Date Status Investigate Options for a Volunteer Recognition Program Manager of HR Q4 Finalizing plans for a recognition breakfast for the end of the term Council Orientation Program Director of CS Q4 To be presented on November 21 and 22 and additional day to the incoming Council Page 186 of 342 CS 22-34, Q3 Corporate Services Results Page 2 of 4 Youth Engagement Program Clerk Q4 Youth Engagement Committee to be proposed for establishment by the incoming Council Review of Council Committees Clerk Q4 Review has been completed. Report for proposal of establishment of the Council Committees to be brought to the incoming Council. Municipal Election Clerk Q3 Completed Navigation improvements on the website Communications Officer Q3 Completed Mobile application for reporting and service requests Communications Officer Q3 Completed Implement IT Plan Director of CS 2023 No monies budgeted for any recommendations Computer Replacements IT Full year Ongoing Cell Phone Replacements IT As needed Ongoing Physician Recruitment CAO Ongoing - Two new doctors recruited to Town in 2022. One a General Surgeon at TDMH and the other being a Family Physician replacement. Town Hall Project CAO Ongoing - Report to come to Council on Nov 21 regarding environmental assessment results on “greyfield” site. Page 187 of 342 CS 22-34, Q3 Corporate Services Results Page 3 of 4 Attainable and Affordable Housing CAO Ongoing – Provided comments to the Oxford County Master Housing Plan; Working with Oxford County to identify housing sites; staff meet with “small housing developer” to discuss concept; Secured Habitat Humanity site with Hayhoe Homes; Working with United Way on transitional housing Boundary Adjustment CAO Ongoing – Tendered and closed RFP for Professional Consultant to assist with Review of Population, Household and Employment Forecasts. Carry out Strategic Initiatives CAO Ongoing CONSULTATION Acting Clerk, Director of Finance, Executive Assistant FINANCIAL IMPACT/FUNDING SOURCE Details on major variances can be found in the attached Q3 results appendices. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion Page 188 of 342 CS 22-34, Q3 Corporate Services Results Page 4 of 4 ☐ Community growth ☐ Connectivity and transportation Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Projects – N/A ATTACHMENTS 1. Appendix A - 2022 Q3 Corporate Services, Council and Customer Service Centre Operating Results Page 189 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 63,000 62,775 (225)(0%) Contribution from Reserves Total Revenues 63,000 62,775 (225) Expenditures Labour 150,051 153,251 (3,200) (2%) Purchases 122,824 111,859 10,965 (9%)1 Contracted Services 25,933 25,032 901 (3%) Contribution to Reserves - Interfunctional Adjustments 26,176 27,194 (1,018) (4%) Total Expenditures 324,984 317,336 7,648 Total Net Levy (261,984)(254,561)7,423 Notes 1 Election Supplies Exp under $4,000; Election Advertising Exp under $4,000; Page 190 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 19,003 22,292 3,289 (17%) Total Revenues 19,003 22,292 3,289 Expenditures Labour 820,530 781,964 38,566 (5%)1 Purchases 409,618 330,098 79,520 (19%)2 Contracted Services 422,369 426,863 (4,494) (1%) Interfunctional Adjustments (400,047) (399,900) (147) (0%) Debt Principal & Interest 11,969 11,970 (1) (0%) Total Expenditures 1,264,439 1,150,995 113,444 Total Net Levy (1,245,436)(1,128,703)116,733 Notes 1 FT Labour - Vacancy in Human Resources department and Clerks department 2 Supplies Exp under $24,400 - COVID under $17,600; Insurance Expense under $6,200; Rent Exp under $16,900; HLW under $4,950 Page 191 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 226,301 239,164 12,863 (6%)1 Other Revenue Total Revenues 226,301 239,164 12,863 Expenditures Labour 213,264 220,755 (7,491) (4%) Purchases 74,108 52,634 21,474 (29%)2 Contracted Services 25,900 23,928 1,972 (8%) Interfunctional Adjustments (186,075) (186,084) 9 (0%) Debt Principal & Interest 3,500 3,507 (7) (0%) Total Expenditures 130,697 114,740 15,957 Total Net Levy 95,604 124,424 28,820 Notes 1 Licence Fees over $9,600 1 Supplies Exp under $10,000; HLW under $7,500 Page 192 of 342 Page 1 of 2 Subject: Recreation, Culture & Parks – Q3 Results Report Number: RCP 22-23 Department: Recreation, Culture & Parks Department Submitted by: Julie Columbus, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION That Report RCP 22-23 Recreation, Culture & Parks – Q3 Results, be received as information. BACKGROUND This report provides Council with the third quarter financial results for the Recreation, Culture & Parks Department from July 1, 2022 to September 30, 2022. This includes activities within each of the various departmental areas including; Cemetery, Parks, Recreation Programs, Museum, Community Events, Building Maintenance and Elliott Fairbairn Centre. DISCUSSION Overall, the RCP Operating Budget is in good standing. The third quarter results indicate that the department is operating in fiscally responsible manner and under budget. Staff continue to work throughout 2022 within the budget framework to avoid any financial shortfalls. The attached breakdown highlights the RCP operating financials year-to-date. Significant differences to note: -overall RCP labour Year-to-Date expense is down $138,850 -Recreation Program revenue has exceeded Year-to-Date amount by $192,000 CONSULTATION This report has been prepared in consultation with the Recreation, Culture & Parks Department. FINANCIAL IMPACT/FUNDING SOURCE Per the attached Q3 financials. Page 193 of 342 RCP 22-23 Page 2 of 2 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENT RCP Q3 results by Section Page 194 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 111,150 122,563 11,413 (10%)1 Other Revenue 13,874 12,071 (1,803)(13%) Total Revenues 125,024 134,634 9,610 Expenditures Labour 121,858 103,033 18,825 (15%)2 Purchases 52,147 41,089 11,058 (21%)3 Contracted Services 16,007 10,787 5,220 (33%)4 Contribution to Reserves - Interfunctional Adjustments 69,826 69,844 (18) (0%) Debt Principal & Interest 1,100 1,099 1 (0%) Total Expenditures 260,938 225,852 35,086 Total Net Levy (135,914)(91,218)44,696 Notes 2 Net labour under $18,800 - PT Regular under $20,500 3 Supplies Expense under $1,400; Fuel & Oil under $2,500; HLW under $2,700 1 Plot Sales over $6,400; Services Revenue over $6,500 Page 195 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 1,000 1,000 User Charges 20,300 12,425 (7,875)(39%)1 Other Revenue 1,600 1,511 (89)(6%) Total Revenues 21,900 14,936 (6,964) Expenditures Labour 214,494 222,797 (8,303) (4%)2 Purchases 103,990 71,233 32,757 (32%)3 Contracted Services 192,874 152,663 40,211 (21%)4 Contribution to Reserves 16,300 12,425 3,875 (24%) Interfunctional Adjustments 72,450 72,450 - 0% Debt Principal & Interest 56,589 56,556 33 (0%) Total Expenditures 656,697 588,124 68,573 Total Net Levy (634,797)(573,188)61,609 Notes 1 Miscellaneous Revenue 2 FT labour over $9,100 3 HLW under $14,300; Supplies Exp under $11,900; Building Repairs & Maintenance under $3,500 4 Subcontractor Expense under - Trees $8,100, Playgrounds $14,700 and Sports Fields $16,200 Page 196 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 3,200 3,360 160 User Charges 4,312 4,312 Other Revenue 7,392 7,392 1 Contribution from Reserves Total Revenues -3,200 15,064 11,864 Expenditures Labour 4,701 39 4,662 (99%) Purchases 79,882 77,175 2,707 (3%) Total Expenditures 84,583 77,214 7,369 Total Net Levy (81,383)(62,150)19,233 Notes 1 Tillsonburg 150 donation Page 197 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 32,026 34,065 2,039 (6%) User Charges 552,394 744,694 192,300 (35%)1 Other Revenue 5,100 4,302 (798)(16%) Total Revenues 589,520 783,061 193,541 Expenditures Labour 1,188,869 1,139,583 49,286 (4%)2 Purchases 222,084 145,235 76,849 (35%)3 Interfunctional Adjustments 105,823 105,831 (8) (0%) Total Expenditures 1,516,776 1,390,649 126,127 Total Net Levy (927,256)(607,588)319,668 Notes 3 Net Supplies Exp under $33,900; Advertising Exp under $18,400; Insurance under $8,500 1 Admissions Revenue over $45,600; Membership Revenue over $32,900; Youth Program Revenue over $58,200; Summer Programs Revenue under $9,000; Programs Revenue over $28,900; Rent Revenue over $28,100 2 FT labour under $78,700 -Vacancies; PT labour over $23,900 Page 198 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 2,124 2,488 364 (17%) Specified Revenue 13,371 13,371 Total Revenues 2,124 15,859 13,735 (6%)0 Expenditures Labour 805,503 750,891 54,612 (7%)1 Purchases 521,900 445,160 76,740 (15%)2 Contracted Services 309,577 227,740 81,837 (26%)3 Contribution to Reserves 13,371 (13,371) Interfunctional Adjustments 82,274 82,278 (4) (0%) Debt Principal & Interest 299,196 299,137 59 (0%) Total Expenditures 2,018,450 1,818,577 199,873 Total Net Levy (2,016,326)(1,802,718)213,608 Notes 1 Net labour under $54,600 - FT under $10,400 -vacancies; PT under $51,300 - vacancies; FT OT over $6,400 2 HLW under $50,500; Supplies Exp under $ 12,400; Equipment Supplies & Repairs under $11,000 3 Subcontractor Exp under $59,600; Equipment Maint. Contract Expense under $22,200 - timing Page 199 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 89,024 88,772 (252)(0%) Total Revenues 89,024 88,772 (252) Expenditures Purchases 3,075 1,110 1,965 (64%) Contracted Services 10,844 10,077 767 (7%) Contribution to Reserves 9,377 9,373 4 (0%) Debt Principal & Interest 33,475 33,920 (445) (1%) Total Expenditures 56,771 54,480 2,291 Total Net Levy 32,253 34,292 2,039 Page 200 of 342 2022 2022 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 4,745 10,030 5,285 (111%)4 Other Revenue 3,910 6,366 2,456 (63%) Contribution from Reserves Total Revenues 8,655 16,396 7,741 (1%) Expenditures Labour 211,881 191,726 20,155 (10%)1 Purchases 75,784 55,668 20,116 (27%)2 Contracted Services 15,750 6,818 8,932 (57%)3 Interfunctional Adjustments 18,523 18,531 (8) (0%) Total Expenditures 321,938 272,743 49,195 Total Net Levy (313,283)(256,347)56,936 Notes 2 Advertising Expense under $4,500; Special Events under $4,500; Supplies Exp under $3,200; HLW under $2,800 3 Subcontractor Expense under $9,300 - cleaning costs 4 Merchandise Revenue over $1,700; Program revenue over $1,400 1 Net labour under $20,200 - FT under $3,900 & PT under $17,300 Page 201 of 342 Page 1 of 2 Subject: Business Improvement Area By-Law Amendment Report Number: CS 22-24 Department: Corporate Services Department Submitted by: Donna Wilson, Acting Clerk Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receive report CS 22-25, Business Improvement Area By-Law Amendment; AND THAT Council receive the request from the BIA to amend By-Law 2013 to add a clause to the eligibility criteria; AND THAT a by-law be brought forward for Council’s consideration to amend by-law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. BACKGROUND Staff have received a copy of a motion passed by the Tillsonburg Business Improvement Area Board of Management (BIA) from their October 26, 2022 meeting, requesting that an amendment be made to by-law 2013. The request is to add a clause to the eligibility criteria allowing an individual appointed by a Corporation that is the owner or tenant of commercial or industrial property within the BIA to be eligible to hold office on the BIA Board of Management. This will ensure that all stakeholders in the BIA who contribute through the BIA levy have a voice on the Board. At the February 28th, 2022 Town of Tillsonburg Council Meeting, Council appointed additional members to the BIA. One of the appointments to the BIA falls within the requested criteria change and this amendment will ensure continued representation. Page 202 of 342 CS 22-25 Page 2 of 2 CONSULTATION Request from BIA Board of Management through Board Resolution FINANCIAL IMPACT/FUNDING SOURCE None CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - Through the community and regional partnerships Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction- Instill an open for business culture across the corporation that prioritizes economic development and business attraction. Strategic Priority – N/A ATTACHMENTS BIA Board of Management Motion Page 203 of 342 Page 204 of 342 Page 1 of 7 Subject: 2022 Municipal Election Report Number: CS 22-26 Department: Corporate Services Department Submitted by: Donna Wilson, Acting Clerk Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report CS 22-26, 2022 Municipal Election as information. BACKGROUND At the April 26, 2021 Council meeting, Council authorized the Internet/Telephone voting method and at the May 10, 2021 Council meeting By-Law 2021-50 was passed to authorize the use of internet and telephone voting for the 2022 Municipal Election. The Town of Tillsonburg along with the municipalities of East Zorra Tavistock, South-West Oxford and Township of Zorra secured Intelivote Systems Inc. as the service provider for the voting method. Tillsonburg, East Zorra Tavistock and South West Oxford all used Intelivote Systems Inc. for the 2018 Municipal Election as well. This method provides voters with a more accessible, environmentally-friendly and convenient method of voting as voting can take place from anywhere in the world. Human Resource Requirements One of the key advantages in using Internet and Telephone voting methods was that there should be significantly fewer human resource requirements. During the 2018 Municipal Election 15 election workers were required for the voting process on Election Day, and 27 election workers were required for the 2014 and 2010 Municipal Elections using a paper ballot method. In 2018 a voting poll was set up in the Lions Auditorium as it was for the past few elections. The thought was individuals were used to attending a voting place on Election Day to vote so in order to transition to internet voting a number of technology voting stations were provided. There were a number of electors who attended the poll that day and all 15 election workers were required. Page 205 of 342 CS 22-26 Page 2 of 7 For the 2022 Election, the largest advantage was on Election Day itself, only 7 election workers, including the Returning Officer, were required for the voting process. There were two voting places/polls set up in accordance with the 2022 Election Policies and Procedures, 5 election workers at 10 Lisgar Ave. and 2 election workers at 200 Broadway, 2nd Floor. System Testing The Election Auditor (Oxford County IT Staff – Jeff Jackson) as well as the Returning Officer and election staff performed a number of tests daily prior to the advance voting commencing on October 13, 2022. There were no issues with internet voting as all tests concluded the system was working as intended. The telephone voting method proved some challenges mostly due to the number of Councillor Candidates, however, the method itself proved to be effective as intended. The recommendation from staff for telephone voting would be to provide additional instructions to voters to clarify how to successfully get through the voting process – have the voter’s card in front of them, instructions on where to find the PIN and the voting list of the candidates, and to reiterate how to properly input the voters birthday. Due to the non-visual nature of telephone voting, a voter would have to ensure they have the name and coinciding number available to them in order to complete their vote in a timely manner. There were a few issues reported by electors which was determined to be human error and not the system itself. If issues occurred they were able to call back in to continue their vote or some chose to vote through the internet to complete their vote. We did not find that this was a major issue but did conclude that this was due to human error and not the method. The auditor continued to run tests throughout the voting period without any issues noted. The vote count was confirmed to be at zero prior to the opening of polls on October 13th and the voting access was confirmed to be closed as it was supposed to be on October 24th at 8:00 p.m. On election night the Service Provider, Intelivote Systems Inc. (Intelivote) closed the polls at 8:00 p.m., allowing for anyone currently in the system to complete their vote. The Returning Officer also had the opportunity to inform Intelivote to extend the close of polls if there was a lineup in a voting place at 8:00 p.m. – this was not the case for Tillsonburg. After voting closed at 8:00 p.m. tests by the Auditor were done to confirm that voting was closed properly as he attempted to connect to the system to vote and confirmed the system was closed. An Intelivote representative then checked the system to determine if any voters were still in the system voting and the Returning officer emailed and phoned Intelivote to inform them that all voters have completed voting activity at all locations. Intelivote systems set the status to Final and emailed the Returning Officer to let Tillsonburg election staff know that the results could be obtained. The auditor then performed one last test prior to compiling the results to ensure that voting is closed and verified that the voting system was locked. The auditor compiled the results and once that was done Intelivote ran the results report for Page 206 of 342 CS 22-26 Page 3 of 7 verification and backup purposes. The results process was seamless and there were no concerns from the Auditor or the Returning Officer. Based on the auditor’s pre-election testing, he found the web/internet voting to be easy and he did not encounter any problems with that method. While there were also no Auditor-based problems with telephone voting, his comments did indicate that the phone voting was a bit challenging when it came to selecting councillors and that voters, particularly the elderly, may have more of an issue with this method due to the large number of councillor candidates. Voting Internet voting has been used by many municipalities in Ontario since 2003. For many electors, particularly those who are comfortable using the internet to transact business, do their banking, pay bills, and make travel arrangements, internet voting is user friendly and convenient. This method allowed electors the ability to cast their ballot from anywhere in the world using computers, smart phones or tablets and from anywhere in North America using a telephone. The internet/telephone voting service was offered for a 12 day advanced voting period. During the 12 day period a Community Support Station was set up weekdays and Saturdays at the Tillsonburg Customer Service Centre. The Station was available for any eligible elector to vote during regular business hours Monday to Friday and 9:00 a.m. to Noon on Saturdays. This allowed electors who did not own a computer or who were less comfortable with technology the opportunity for assistance with the voting method during the advanced voting period. The election staff were efficient in ensuring the election process was completed in a professional manner and was effective in providing assistance and making electors feel comfortable with internet voting. Staff also held advance polls at multiple locations including the Nursing Homes, Retirement Homes, Seniors Recreation Centres, and Seniors Non-Profit Housing Buildings. Voter participation during the advance polls was approximately 26.5% of the total eligible electors. On Election day, October 24, 2020, a poll was set up at the Tillsonburg Customer Service Centre and the Tillsonburg Council Chambers from 10:00 a.m. to 8:00 a.m. Two election staff were present at the Tillsonburg Council Chambers poll and 5 total election staff manned the Customer Service Centre poll. The Council Chambers poll was not well attended with only about 30 electors voting there while the Customer Service Centre poll had electors coming in all day up until 8:00 p.m. Voter Turnout The total voter turnout for the 2022 Municipal Election was 37.5%, where 5,376 of 14,287 eligible electors voted. This was slightly down in participation rate with the number of electors who voted compared to the 2018 election where 4,942 of the 12,583 eligible electors voted with a 39.3% participation rate. Page 207 of 342 CS 22-26 Page 4 of 7 Historic Tillsonburg Overall Voter Participation % Year Overall Participation % Electors Voted Voting Method 2022 37.5% 5376 Internet/Telephone 2018 39.3% 4942 Internet/Telephone 2014 38.5% 4745 Traditional/Tabulator 2010 39.7% 4703 Traditional/Tabulator Average 38.7% 4941 It should be noted that the MPAC voters list is not the most reliable source of determining eligible electors in the municipality and during the month of October there were a number of additions and deletions to the list, as well as returned voter letters for electors who have moved. Commencing in 2023 the Province of Ontario will begin to develop a voters list for all Municipalities in Ontario. This list will be available for the 2026 Municipal Election. The hope is that this list will ensure more accurate voters lists for future Elections in the Province as well as Municipalities. The comparison for Oxford County Municipalities of voter turnout and voting method is set out below: Municipality Voter Turnout System Council Size Method Blandford- Blenheim 25.47% At Large 5 Traditional Ballot. Mayor acclaimed, Councillor Race East-Zorra- Tavistock 37.7% Wards 7 Internet/Telephone Race for Mayor, Deputy Mayor and one Councillor Ward. Two wards acclaimed. Ingersoll 41.3% At Large 7 Vote by Mail, No acclamations Norwich 50.2% Wards 5 Vote by Mail No acclamations South-West Oxford 13.1% (31% in Ward 1) Wards 7 Internet/Telephone One Ward Race in Ward 1 Mayor and all other wards acclaimed Tillsonburg 37.6% At Large 7 Internet/Telephone No Acclamations Woodstock 27.7% At Large 7 Traditional Ballot/Tabulators No acclamations Zorra 22.5% Wards 5 Internet/Telephone Three Acclaimed-including Mayor, Two Ward races Page 208 of 342 CS 22-26 Page 5 of 7 While a higher voter participation rate is always desired, there are numerous factors that ultimately lead to this percentage. Staff are of the opinion that additional advertising regarding the election process could have been done to ensure electors had adequate information regarding process and voting methods which possibly could have increased voter turnout. This was the second election to provide internet/telephone voting and the hope was to increase voter turnout as individuals would have been more familiar with the method. There were less electors visiting a voting station/poll during this election which indicates that more voted from the comfort of their own homes. Analysis of Voters by Age It has always been an issue to determine a method which would encourage the younger demographic to vote. It was hoped that using technology would encourage younger electors to exercise their democratic right, and responsibility to vote. In 2018 19.23% of eligible electors who voted were between the age of 18 and 24. It was assumed that in 2018 there were more of this demographic who voted for the first time as internet voting was introduced. For the 2022 Municipal Election 17.6% of eligible electors between the age of 18-19 voted and 17.1% of eligible electors in their 20’s voted. In both these age groups only two electors used the phone. See attached Election Statistics provided by Intelivote Systems Inc. Electors by Age Eligible # of Voters # of Voters Who Voted Participation % 18 through 19 131 23 17.6% 20’s 1164 199 17.1% When introducing internet voting to the municipality, one of the concerns was that the method may lead to a reduced number of the senior demographic choosing to vote. Much of the research shows that regardless of voting method, the senior demographic will continue to have the highest voter participation rate. This was proven to be correct in Tillsonburg as indicated in the chart below. See attached Age statistics. The statistics indicate that there is continued room for improvement in encouraging the younger demographic to vote and the majority of electors voting are in their 60’s, 70’s and 80’s. Advertisements/Communications The Town partnered with the 8 Municipalities in Oxford County to provide radio ads in March (Easy 101 and Country 107.3) and print ads (Tillsonburg News, Oxford Review) to promote voterlookup.ca. This was a program set up by MPAC to allow eligible electors to ensure they were on the voters list and commenced on March 31and continued most weeks until September 29th. On October 13 and 20 there was an advertisement that went out in the Tillsonburg/Norfolk newspaper and was also added to social media. The ads stated where electors could go to vote at voter support centres if they intended to vote at a voting location rather than at home. The ads also Page 209 of 342 CS 22-26 Page 6 of 7 set out how to vote and referred to voter information letters as well as the voter help line number. The Election Help Line was set up so that election workers could pick up the calls from any of the voting locations. This line was open from the beginning of October up to and including Election day. This offered electors the opportunity to determine if they were on the voters list and if the information was correct and it also provided the ability to obtain a voter information letter (VIL) if they had not received one. The line was also used to assist voters at home who were attempting to vote but may be having some difficulty. If voters called after hours then they were given the opportunity to leave a voice mail and those were responded to the following day. Public Feedback During the voting period staff were given feedback from the public. This referred to both positive and negative comments regarding Internet and Telephone voting. The majority of people entering a polling place dissatisfied with the process, left with a comment stating “that was easy” and “I could have done that from home”. This was similar to the 2018 election which could explain the reduced number of electors visiting a polling place during the 2022 Municipal Election. There were a few negative comments as well from electors stating they were not satisfied with this method and preferred a paper ballot. All in all there were more satisfied with the process once they completed it then were not satisfied. Conclusions Staff conclude that Tillsonburg electors were provided with a fair, accessible and convenient opportunity to cast their vote and the election was delivered in a manner that accommodated both electors and candidates. Electors could vote from anywhere, at any time during the voting period and could attend a voter help centre to cast their ballot or to receive assistance to cast their ballot. In addition there were two voter help centres/polls open on Election Day until 8:00 p.m. Although the exact number of electors who visited the poll on Election Day was not available, based on experience there were very few electors attending the polls on election day. Overall, Staff would recommend using the internet voting method in future Tillsonburg Town Elections. Staff would recommend that more advertising regarding the method be done to attempt to increase voter turnout as well as posting on more social media platforms to increase turnout of the younger demographic. Staff also recommend that one small accessible poll could be set up on election day, which would allow for 4 or 5 voting stations and a couple of tables for staff and a room close by for the announcement of Election Results. FINANCIAL IMPACT/FUNDING SOURCE Council had prepared for the 2022 municipal election by putting funds in reserves over the last four years for a total of $45,000.00. The cost of the 2022 election was $40,792.80. The total cost of the 2018 election was $45,627.44. The cost of the 2014 Page 210 of 342 CS 22-26 Page 7 of 7 municipal election was $53,543.00. The 2022 election using internet/telephone voting was $4,207.20 under budget and $4,834.75 less than the 2018 Election costs. This difference is due to fewer staff required, less advertising and very few supplies were required in 2022. The 2026 Election will most likely realize similar costs to the 2022 Election or slightly higher costs due to the growth of the community with likely an increase in eligible electors. Election Expenses 2022 2018 Intelivote System 37,257.20 36,454.82 Advertising 550.00 3,079.05 Supplies 985.60 2,493.57 Staffing 2,000.00 3,600.00 TOTAL $40,792.80 $45,627.55 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction - Continue to develop digital service delivery while maintaining counter and telephone channels; Explore opportunities for service efficiencies in partnership with adjacent municipalities. Strategic Priority – N/A ATTACHMENTS 2022 Election Statistics prepared by Intelivote Systems Inc. Page 211 of 342 Date:November 7, 2022 Town of Tillsonburg 2022 MUNICIPAL & SCHOOL BOARD ELECTIONS ELECTION STATISTICS Prepared by:Intelivote Systems Inc. Page 212 of 342 2022 Tillsonburg Municipal School Board Elections Election Statistics Information Base Number % 1 Number of eligible electors in system.14,287 2 Number of electors who cast at least one ballot.5,376 Internet 3 Participation rate.37.6%Phone 4 Voters who used the internet to vote.4,907 91.3% 5 Voters who used the phone to vote.469 8.7% 6 Average amount of time a voter spent voting using the Internet. 7 Average amount of time a voter spent voting using the telephone. Residency Status Number % 8 Total eligible electors with "Resident" status.13,502 94.5% 9 Voters casting ballots with “Resident” status.5,206 96.8% 10 Total eligible electors with "Non-Resident" status.748 0.0% 11 Voters casting ballots with “Non-Resident” status.133 0.0% 12 Total eligible electors with N/A status.37 0.0% 13 Voters casting ballots with N/A status.37 0.0% Occupancy Status Number % 14 Total eligible electors with "Owner" status.9,273 64.9% 15 Voters casting ballots with "Owner" status.4,158 77.3% 16 Total eligible electors with "Spouse" status.359 2.5% 17 Voters casting ballots with “Spouse” status.175 3.3% 18 Total eligible electors with "Tenant" status.2,819 19.7% 19 Voters casting ballots with "Tenant" status.756 14.1% 20 Total eligible electors with "Boarder/Other" status.1,817 12.7% 21 Voters casting ballots with "Boarder/Other" status.270 5.0% 22 Total eligible electors with N/A status.19 0.1% 23 Voters casting ballots with N/A status.17 0.3% 2min 23sec 3min 59sec 91.3% 8.7%METHOD OF VOTING Internet Phone Page 213 of 342 2022 Tillsonburg Municipal School Board Elections Participation Statistics Total Eligible Electors Participated Eligible Electors Total %Internet Votes Internet %Phone Votes Phone % 1 Election Overall 14,287 5,376 37.6%4,907 91.3%469 8.7% RACE Total Eligible Electors Participated Eligible Electors Total %Internet Votes Internet %Phone Votes Phone %Spoiled Ballots Spoil % Declined Ballots Declined % 2 Mayor 14,287 5,376 37.6%4,907 91.3%469 8.7%24 0.4%37 0.7% 6 Councillors 14,287 5,339 37.4%4,884 91.5%455 8.5%17 0.3%52 1.0% 7 English Public 12,342 4,474 36.3%4,091 91.4%383 8.6%226 5.1%1,390 31.1% 8 English Separate 1,796 709 39.5%658 92.8%51 7.2%21 3.0%189 26.7% 9 French Public ACCLAIMED 18 10 French Separate ACCLAIMED 14 11 No School Support 117SCHOOL BOARDMUN37.6%37.4%36.3%39.5% 91.3%91.5%91.4%92.8% 8.7%8.5%8.6%7.2% MAYOR COUNCILLORS ENGLISH PUBLIC ENGLISH SEPARATE ELECTION PARTICIPATION STATISTICS Total %Internet %Phone % Page 214 of 342 2022 Tillsonburg Municipal School Board Elections Voting Time Breakdown Date & Time 13-Oct14-Oct15-Oct16-Oct17-Oct18-Oct19-Oct20-Oct21-Oct22-Oct23-Oct24-OctGrand Total%/Hr.12:00 AM 2 1 1 1 1 2 3 11 0.2% 1:00 AM 1 1 0.0% 2:00 AM 1 1 1 3 0.1% 3:00 AM 2 1 3 0.1% 4:00 AM 1 3 3 7 0.1% 5:00 AM 2 1 1 1 5 0.1% 6:00 AM 4 2 2 2 4 2 1 1 3 7 28 0.5% 7:00 AM 8 3 5 5 3 6 2 2 6 4 25 69 1.3% 8:00 AM 22 11 12 16 19 8 8 13 8 9 43 169 3.1% 9:00 AM 89 64 23 20 34 29 18 29 45 22 17 83 473 8.8% 10:00 AM 81 66 47 23 50 40 26 42 31 27 21 107 561 10.4% 11:00 AM 64 53 35 28 57 73 34 41 34 29 38 119 605 11.3% 12:00 PM 62 47 23 9 42 35 30 25 29 14 23 103 442 8.2% 1:00 PM 65 43 12 17 37 27 21 47 35 20 27 70 421 7.8% 2:00 PM 48 35 17 20 43 38 25 19 33 5 24 70 377 7.0% 3:00 PM 27 33 12 20 37 29 33 23 23 14 25 63 339 6.3% 4:00 PM 55 25 16 13 40 20 12 29 23 7 18 114 372 6.9% 5:00 PM 49 23 13 8 31 17 11 13 13 13 38 157 386 7.2% 6:00 PM 29 10 15 22 34 16 30 15 13 7 45 173 409 7.6% 7:00 PM 33 12 7 14 22 11 28 29 16 14 61 135 382 7.1% 8:00 PM 15 7 8 10 24 6 18 4 9 12 35 1 149 2.8% 9:00 PM 14 5 2 6 7 3 12 4 5 8 36 102 1.9% 10:00 PM 2 6 1 2 1 1 4 7 1 13 38 0.7% 11:00 PM 2 2 2 1 3 1 1 3 6 3 24 0.4% Grand Total 635 471 249 236 485 377 320 338 332 216 441 1,276 5,376 %/Day 11.8%8.8%4.6%4.4%9.0%7.0%6.0%6.3%6.2%4.0%8.2%23.7% *Note that there were 1 vote cast after the close of the election as the elector logged into the electronic voting system just before close at 8pm. Page 215 of 342 2022 Tillsonburg Municipal School Board Elections Voting Time Breakdown 0 50 100 150 200 250 300 350 400 450 500 550 600 650 VOTER SESSIONS BY TIME 13-Oct 14-Oct 15-Oct 16-Oct 17-Oct 18-Oct 19-Oct 20-Oct 21-Oct 22-Oct 23-Oct 24-Oct Page 216 of 342 2022 Tillsonburg Municipal School Board Elections Internet Voter Sessions Device Operating System Voter Sessions % Linux 115 Macintosh 1,058 Windows 7 96 Windows 8 37 Windows 10 2,518 Windows Vista 1 Android 468 iPhone 513 Tablet iPad 246 5,052 Computer Smart Phone Total 75.7% 24.3%1151,05896372,5181LINUX MACINTOSH WINDOWS 7 WINDOWS 8 WINDOWS 10 WINDOWS VISTA INTERNET VOTER SESSIONS BY COMPUTER 468513246ANDROID IPHONE IPAD INTERNET VOTER SESSIONS BY SMART DEVICES Page 217 of 342 2022 Tillsonburg Municipal School Board Elections Age Statistics Age ELIG.VOTED INTERNET PHONE % Part. 18-19 131 23 23 0 17.6% 20s 1,164 199 197 2 17.1% 30s 2,008 416 404 12 20.7% 40s 1,873 506 487 19 27.0% 50s 2,129 822 786 36 38.6% 60s 2,558 1,276 1,166 110 49.9% 70s 2,374 1,379 1,207 172 58.1% 80s 1,281 663 560 103 51.8% 90s 325 92 77 15 28.3% 99+35 0 0 0 0.0% UK*409 0 0 0 0.0% Total 14,287 5,376 4,907 469 37.6% Age Breakdown of Who Voted 231974044877861,1661,2075607702121936110172103150 200 400 600 800 1,000 1,200 1,400 18-19 20s 30s 40s 50s 60s 70s 80s 90s Participated Voters by Age and Method INTERNET PHONE 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 18-19 20s 30s 40s 50s 60s 70s 80s 90s Participation Rate by Age Page 218 of 342 Page 1 of 3 Subject: 2022 Municipal Election Accessibility Report Report Number: CS 22-27 Department: Corporate Services Department Submitted by: Donna Wilson, Acting Clerk Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report CS 22-27, 2022 Municipal Election Accessibility Report as information. BACKGROUND There has been steady progress and many positive changes to the election process in Ontario to help ensure that people with disabilities are able to vote without disadvantage. The Good Government Act 2009 (Bill 212) was enacted by the Ontario Legislature and made several amendments to the Municipal Elections Act, 1996 as amended in regards to the needs of electors and candidates with disabilities as set out below: 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities.” (2) Within 90 days after voting day in a regular election, the clerk shall submit a report to council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities.” Acessibility Under the Municipal Elections Act, Clerks are required to prepare a plan for the identification, removal and prevention of barriers that affect voters and candidates with disabilities, and make the plan available to the public before voting day in a regular election. The Clerk also needs to provide a “follow-up report” to the public within 90 days after the election. In terms of the Policy requirement, in addition to the Accessible Elections Policy being posted for the public on the Town website, I have attached a copy of the Policy to this report. Page 219 of 342 CS 22-27 Page 2 of 3 Throughout the 2022 Municipal Election, staff worked toward ensuring a high degree of accessibility for electors. In particular:  As compared with paper (e.g. traditional voting,), everyday tools like computers, telephones and other aids presented accessible opportunities for persons with disabilities to accomplish more, while being consistent with the principles of independence, dignity, integration and equal opportunity.  The voting system provided voters with the capability to vote from the comfort of their own home. Voting from home facilitates the voting process for persons with disabilities who may have mobility restrictions, visual impairment, and/or have a difficult time with transportation. Additionally, persons who have assistive devices set up in their homes could use them to assist with casting a ballot privately and independently.  The 12-day timeframe for voting provided convenience and independence of voting from anywhere via telephone or Internet during the October 13–24, 2022 voting period. This was especially appropriate for electors with disabilities who could vote at a time that was most convenient to them.  By allowing persons with disabilities to vote from any location and through Internet or Telephone methods, there was an increase in the capability for the voter to vote without any assistance. This in turn provided persons with disabilities the same independence and privacy in participating in the election as other voters.  The Community Support Stations were made as accessible as possible for voters requiring assistance. The route to the entrance of the Community Support Stations at the Customer Service Centre was kept unobstructed and accessible. The route was wide enough to allow for an individual using a wheelchair, scooter, other assistive device, or service animal to travel safely. Doors into the Community Support Station were accessible and kept open for the duration of the Community Support Station hours. Routine checks of entrance and exit routes were made throughout the hours of operation. Further, accessible parking was available at the Community Support Station. The Voter Help Centre at the Town Council Chambers on Election Day was also kept unobstructed and accessible. The route to the voting station was by means of an elevator and all doors leading to the voting station remained open for ease of entrance.  For persons with disabilities that required assistance in the voting process, Staff at the Community Support Station were available to assist throughout the voting period. Alternatively, pursuant to the Town Accessibility Plan and 2022 Town Election Policies and Procedures, people with disabilities were permitted to be accompanied by a support person, during the voting process itself. In order to assist, a designated support person and/or ‘Friend of the Voter’ was administered an oath of secrecy/confidentiality by an Election Official prior to providing such Page 220 of 342 CS 22-27 Page 3 of 3 assistance. The majority of assistance provided was through an election worker who also swore an oath of secrecy/confidentiality by the Returning Officer prior to the election process commencing.  Tillsonburg also offered a couple of touch screen tablets at the advance polls/Voter Help Centres. Touchscreen devices are easy to see and use for those with dexterity issues and those who are not familiar with computers and maneuvering a mouse. This feature allowed for a more accessible device throughout the voting period. FINANCIAL IMPACT/FUNDING SOURCE N/A CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information and opportunities to shape municipal initiatives. Strategic Direction - Increase opportunities and promotion for public engagement in municipal initiatives. Strategic Priority – N/A ATTACHMENTS 2022 Municipal Election Accessibility Plan Page 221 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 1 of 9 Town of Tillsonburg 2022 Municipal Election Accessibility Plan Page 222 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 2 of 9 Contents 1. INTRODUCTION ...................................................................................................... 3 2. OBJECTIVES ........................................................................................................... 3 3. DEVELOPMENT OF THE PLAN .............................................................................. 3 4. VOTING METHODS ................................................................................................. 4 5. VOTING LOCATION(S) ............................................................................................ 7 6. VOTING ASSISTANCE ............................................................................................ 7 7. COMMUNICATION .................................................................................................. 8 8. CANDIDATES .......................................................................................................... 9 9. REPORTING ............................................................................................................ 9 Page 223 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 3 of 9 1. INTRODUCTION This plan will address the specific accessibility requirements in relation to the 2022 Municipal Election in the Town of Tillsonburg. The Town of Tillsonburg has made great efforts in promoting a barrier free community. In an effort to ensure that the 2022 Municipal Election is consistent with the core principles of the Accessibility for Ontarians with Disabilities Act, 2005, this planning document was developed in advance of the election in order to identify measures to be taken and reported to Council following the election. 2. OBJECTIVES This plan is intended to highlight measures that the Town of Tillsonburg will be implementing to ensure equal opportunity for all electors and candidates. These objectives include:  That persons with disabilities are able to independently cast their vote and verify their selection.  That persons with disabilities have full and equal access to all information on where and when to vote and on eligible candidates.  That persons with disabilities can fully participate in the Municipal Election as an elector, candidate, or election official.  That efforts are made to ensure that electors with disabilities are aware of the accessibility measures available via channels such as the newspaper, media launches, the Town of Tillsonburg website and social media.  That all Community Support Station locations and voting day Help Centres are accessible. 3. DEVELOPMENT OF THE PLAN This Plan is a “living” document which will be improved and updated as best practices are identified and new opportunities for improvement arise. In order to develop the plan below, several steps were taken in order to ensure that the statutory requirements were met and a feasible implementation plan is in place. During the development of the 2022 Municipal Election Accessibility Plan, the following steps shall be implemented:  Review and analysis of documents, policies and other supporting materials from AMCTO, neighbouring municipalities, the Ministry of Municipal Affairs and Housing, technology suppliers and other various stakeholder groups.  Establish staff training standards and practices directly related to the Election to ensure that people with disabilities are able to vote in a positive customer Page 224 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 4 of 9 service environment, and ensure that all Election Officials recognize that a voter’s needs shall be accommodated. 4. VOTING METHODS The 2022 Town of Tillsonburg Municipal Election method is eVoting and the Clerks office will be working with Intelivote Systems Inc. to provide eVoting services to eligible voters. This includes the convenience and independence of voting from anywhere via telephone, internet or in-person at a Voter Supports/voting station during the October 13 – 24, 2022 voting period. Everyday tools like computers, tablets, telephones and other devices can present accessible opportunities for persons with disabilities to accomplish more, while being consistent with the principles of independence, dignity, integration and equal opportunity. The Intelivote Voting System provides voters with the capability to vote from the comfort of their own home. Voting from home facilitates the voting process for persons with disabilities who may have mobility restrictions, visual impairment, and/or have a difficult time with transportation. Additionally, persons who have assistive devices set up in their homes can now use them to assist with casting a vote privately and independently. By allowing persons with disabilities to vote from any location and from a selection of methods, there is an increase in the capability for the voter to vote without any assistance. This provides persons with disabilities the same independence and privacy in participating in the election as other voters. If persons with disabilities do require assistance in the voting process, trained Election Officials will be present at in-person voting support locations offered across the Town of Tillsonburg throughout the voting period. 4.1 Telephone Voting Eligible voters may vote using a touch-tone telephone, and the toll-free telephone number, date of birth, and PIN number contained in their Voter Information Letter to access an audio ballot. Communication barriers can make it difficult for people to receive or convey information. Barriers may be identified as low volume, use of language that is not clear or plain, and confusing or unorganized menu options. The Intelivote telephone voting application provides the following:  Service on all types of touch tone phones and wireless devices.  Clear, plain language.  Menu options that are easy to follow, advising when to select options and provision of confirmation of the voter’s selections.  Standard volume is used to allow for adjustment dependent of the telephone or device being utilized. Page 225 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 5 of 9 4.2 Internet Voting Eligible voters may vote online, using a smart phone, tablet device, gaming device or computer and any accompanying assistive devices or software, along with their date of birth and PIN and qualifying information, to access the internet address provided in their Voter Instruction Letter. The Intelivote System has been created to meet the Web Content Accessibility Guidelines (WCAG-2 Level AA), so that persons with disabilities can perceive, understand, navigate and interact with the online voting system. It is compliant with the guidelines of the World Wide Web Consortium website principles, which include organization, functionality and readability of information provided, as well as alternative ways of representing information, such as with audio. 4.3 In-person Voting at Voting Station(s) For those individuals without means to access voting via telephone or internet, or who require the assistance of a trained Election Official, several advance voting station(s) and Election Day voting station(s) will be open to provide in-person internet voting or assistance with telephone voting. Access to the voting station interior and voting area shall be level and slip-resistant. Any doormats or carpeting shall be level with the floor to prevent potential tripping hazards. The voting area shall be well lit and seating shall be available. Entrance corridors shall be clear of obstructions and tripping hazards and will allow sufficient space for use of a wheelchair or scooter. An accessible voting area will be available at each voting location. These areas shall be low in height and have a wide area to allow for individuals who use a wheelchair or scooter to vote independently and secretively. Voters may attend any Community Support Stations throughout the voting period. The Town of Tillsonburg will be operating the following voting place location(s) during the Voting Period: October 13- 9:00 a.m. to 5:00 p.m. October 14- 8:00 a.m. to 5:00 p.m. October 15- 9:00 a.m. to 12:00 p.m. October 17- 8:00 a.m. to 5:00 p.m. October 18- 8:00 a.m. to 5:00 p.m. October 19- 8:00 a.m. to 5:00 p.m. October 20- 8:00 a.m. to 5:00 p.m. October 21- 8:00 a.m. to 5:00 p.m. October 22- 9:00 a.m. to 12:00 p.m. Tillsonburg Customer Service Centre 10 Lisgar Ave., Tillsonburg Page 226 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 6 of 9 October 17- 10:00 a.m. to 4:00 p.m. Baldwin Place Recreation Centre 142 Weston Drive, Tillsonburg October 18- 10:00 a.m. to 4:00 p.m. Hickory Hills Recreation Centre 48 Wilson Avenue, Tillsonburg October 20- 9:00 a.m. to 10:45 a.m. Tillsonburg District Memorial Hospital 167 Rolph Street, Tillsonburg October 20- 11:00 a.m. to 12:00 p.m. Maple Manor Nursing Home 73 Bidwell Street, Tillsonburg October 20- 1:00 p.m. to 2:00 p.m. Woodingford Lodge 52 Venison Street W, Tillsonburg October 20- 2:15 p.m. to 3:30 p.m. Tillsonburg Retirement Centre 183 Rolph Street, Tillsonburg October 21- 9:00 a.m. to 10:30 a.m. Harvest Crossing Retirement Community 15 Harvest Avenue, Tillsonburg October 21- 10:45 a.m. to 12:30 p.m. Seniors Non Profit Housing- Queen Street 53 Queen Street, Tillsonburg October 21 - 1:30 p.m. to 3:00 p.m. Seniors Non Profit Housing- Maple Lane 31 Maple Lane, Tillsonburg Voter Help Centres – October 24, 2022 Town of Tillsonburg Council Chambers 200 Broadway Tillsonburg October 24, 10:00a.m. to 8:00 p.m. Customer Service Centre 10 Lisgar Ave Tillsonburg October 24, 10:00 a.m. to 8:00 p.m. Page 227 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 7 of 9 5. VOTING LOCATION(S) An accessibility assessment of each physical polling location will be conducted. The following considerations are taken into account when determining which location(s) will be used: 5.1 Accessible Route The name and/or address of the voting location shall be clearly visible. An easily navigable route will be marked for entry into the voting location and into the voting area within the location. The voting area shall be identified with clear and understandable signage. Seating areas shall be provided throughout the voting location for individuals needing a rest. 5.2 Entrance and Exit The route to the entrance of the voting location shall be unobstructed and accessible. The route shall be wide enough to allow for an individual using a wheelchair, scooter, other assistive device, or service animal to travel safely. Doors into the voting location and voting area shall be accessible and easy to open or shall remain propped open for the duration of the voting location hours. Routine checks of entrance and exit routes will be made throughout the hours of operation. 5.3 Parking Accessible parking shall be available at all voting locations. The designated parking space(s) shall be clearly marked with the international Symbol of Accessibility and will be on firm and level ground, close to the entrance of the voting location. By-law officers will monitor and enforce parking at voting locations throughout the day. 6. VOTING ASSISTANCE 6.1 Support Person Pursuant to the Town of Tillsonburg Telephone/Internet Voting Election Policy people with disabilities shall be permitted to be accompanied by a support person at any voting location. A designated support person will be administered an oath of secrecy/confidentiality by an Election Official prior to providing any such assistance. 6.2 Service Animals Pursuant to the Town of Tillsonburg Accessibility Policy individuals requiring service animals are permitted to be accompanied by a service animal at all voting locations. 6.3 Election Officials At in-person voting locations, upon request, Election Officials are available to assist any voter who requires assistance in casting their online or telephone vote. All individuals working in the capacity of an Election Official are formally appointed as such and administered an oath of secrecy prior to voting day. Page 228 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 8 of 9 7. COMMUNICATION The 2022 Municipal Election Accessibility Plan will be made available at the Clerk’s Office- 200 Broadway, Suite 204 and by way of the Town of Tillsonburg web site www.tillsonburg.ca. Alternative formats will be made available upon request. Information regarding the accessibility measures provided for the 2022 Municipal Election shall be included in general election advertising as well as in the 2022 Municipal Election Nomination Package. 7.1 Election Materials The Town of Tillsonburg is required, as per the Accessible Customer Service Standard, to provide a copy of a document to a person with a disability, or the information contained in the document, in a format that takes into account the person's disability. Alternate Formats Alternate formats are other ways of publishing information besides regular print. Some of these formats can be used by everyone while others are designed to address the specific needs of a user. The Town of Tillsonburg and the person with a disability may agree upon the format to be used for the document or information. In the event the information is not generated by the Town of Tillsonburg or is supplied by a third party, the Town of Tillsonburg will make every effort to obtain the information from the third party in an alternate format and/or will attempt to assist the Elector by providing assistive equipment. General Election Materials Large Print – Printed material generated by the Town of Tillsonburg will be provided in a Arial font, minimum 11 point, and can be made available in a font (print) size that is 16 to 20 points or larger. Website – Information generated by the Town of Tillsonburg on the website in relation to the election will be compliant with WCAG 2.0 Level A, and allow for assistive software to be utilized. In addition, website font can be adjusted within the browser’s functionality to aid the user in reading the information. 7.2 Service Disruptions From time to time and/or for unforeseen circumstances beyond the Town of Tillsonburg control, temporary service disruptions may be experienced. In the event of a temporary accessible service disruption, Election Officials will commit to making reasonable efforts to ensure that services are reinstated as quickly as possible and that alternative services are provided where feasible. Page 229 of 342 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 9 of 9 In these instances of service disruptions, the Town of Tillsonburg shall provide reasonable notice in the event of a planned or unexpected disruption in the facilities or services usually used by persons with disabilities. Notice of these temporary disruptions shall be provided in a conspicuous place and manner at the respective location(s) and information shall also be posted on the Town of Tillsonburg website. This notice shall include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if available. Accessible services in relation to this plan include voting places, election materials and/or voting provisions for Electors with disabilities at the voting place. In the event of disruptions to service or unforeseen circumstances that affect the accessibility of voting places during the advance vote or on Election Day, notices of disruption will be posted in real time on the Town of Tillsonburg website. 8. CANDIDATES Candidates must also have regard to the needs of electors with disabilities. Campaign offices, election materials and canvassing should all be reviewed in order to ensure that they are fully accessible. 9. REPORTING Pursuant to Section 12.1 of the Municipal Elections Act, 1996, within 90 days after voting day, the Town Clerk shall submit a report to Council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Page 230 of 342 Page 1 of 2 Subject: Request Relief from By-Law- Parking Levy Report Number: CS 22-33 Department: Corporate Services Department Submitted by: Laura Pickersgill, Executive Assistant/Assistant Clerk Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT Council receives report CS 22-33 Request Relief from By-Law, as information; AND THAT Council authorizes relief from the parking levy for 53 London Street East. BACKGROUND At the January 13, 2014 meeting of Tillsonburg Town Council, By-law 3726 was passed which provided for property owners within the BIA area to apply for relief from the special charge for the maintenance of municipal parking lots if they complied with the parking requirement under the Town’s Zoning By-Law. The property owner of 53 London Street East and 33-36 Bidwell Street has completed an application for exemption from the parking levy. The applications were circulated to the Chief Building Official and the County Development Planner for review to ensure the properties comply with the parking requirement within the current zoning by-law. Staff reviewed the applications and provided their comments. For the property located at 53 London Street East, the comments note that the site has the required parking as per the Town’s Zoning By-Law. However, for the property located at 33-36 Bidwell Street, the comments note that there is no formal parking established or available at this time. Therefore, staff is requesting that Council approve the application for 53 London Street East and allow relief for the owner from the Parking Levy By-Law. Staff are suggesting that a new application be submitted for the 33-36 Bidwell Street property once formal parking is established and a decision can be made at that time. CONSULTATION Consultation occurred through the application process and applicable staff reviewed the application prior to requesting Council approval. Page 231 of 342 CS 22-33 Page 2 of 2 FINANCIAL IMPACT/FUNDING SOURCE If Council approves the exemption it would be a parking levy waiver for 2022 in the amount of $502.44. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☒ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal- The Town of Tillsonburg will accommodate and support sustainable growth. Strategic Direction- Continue to offer relevant, leading incentives for revitalization and diversification in the downtown and throughout Tillsonburg. Priority Project- N/A ATTACHMENTS Appendix A- Application Request for Relief from By-Law- 53 London St E Appendix B- Application Request for Relief from By-Law- 33-36 Bidwell St Page 232 of 342 Page 233 of 342 Page 234 of 342 Page 1 of 3 Subject: Community Improvement Plan Update Report Number: EDM 22-24 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT the Community Improvement Plan as revised to reflect the Town’s Housing Goals outlined in the approved Community Strategic Plan be approved in principle; AND THAT the revised Community Improvement Plan documents be forwarded to the Ontario Ministry of Municipal Affairs and Housing for review prior to bringing back for bylaw approval. BACKGROUND In recent years it has become apparent that the cost of housing and availability is an issue. The impact of the pandemic acerbated this and in 2021 Town Council created the Affordable/Attainable Housing Committee. Since then, the Committee has been working to develop an increased understanding of the complexities of non-market housing with the goal of supporting the development of Affordable and Attainable Housing projects in the community. One of the items brought forward by staff is the inability of the town to rebate costs for Affordable or Attainable Housing projects outside of the Downtown core. Currently, multi-residential projects are eligible to receive rebates of various costs (building permit fees, incremental property taxes, etc) if they are within the Downtown core, but not if they are located outside of the core. Hence, this report recommends that the Town’s Community Improvement Plan be revised to reflect the Town’s Housing Goals as Page 235 of 342 EDM 22-24 Page 2 of 3 outlined in the approved Community Strategic Plan and then consult with the Ontario Ministry of Municipal Affairs and Housing as is required for Community Improvement Plans and then bring back to Council for approval. DISCUSSION The currently approved Community Improvement Plan documents have been revised to incorporate the terms “Affordable Housing”, Attainable Housing and “Social Housing” with the following definitions:  Affordable housing is defined as either ownership or rental housing where monthly housing costs do not exceed 30% of gross monthly household income;  Affordable Rental Housing is also defined as units rented at or below the Canadian Mortgage and Housing Corporation (CMHC) average market rent;  For the purposes of this program, Attainable Housing is defined as affordable housing made available to individuals or families that are working ages (less than 65 years old). The revised Community Improvement Plan and accompanying appendices have been attached to this report with changes redlined for Council’s ease of reference. CONSULTATION The updates to the Community Improvement Plan documents have been developed in consultation with Oxford County Planning, the Economic Development Advisory Committee (July 12, 2022 meeting), and the Affordable/Attainable Housing Committee (August 3, 2022 meeting) with the Economic Development Advisory Committee passing the following resolution: THAT the Economic Development Advisory Committee recommends that the changes made to the Town’s Community Improvement Plan to support social housing projects throughout the community be supported. Based on comments received from these committees and the County’s Manager of Housing, the draft Community Improvement Plan was further revised to clarify Affordable versus Social Housing, include Additional Residential Units or ARUs as a potential class of housing, etc. Page 236 of 342 EDM 22-24 Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. If approved, applications for Affordable or Social housing projects would be subject to further review and approval by Town Council with a source of funding being brought forward at that time. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☒ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles Strategic Direction – Work with Oxford County and community partners to ensure an adequate supply of affordable, attainable housing options Priority Project – Immediate Term - Affordable housing collaboration with Oxford County Goal – The Town of Tillsonburg will accommodate and support sustainable growth Strategic Direction – Continue to offer relevant, leading incentives for revitalization and diversification in the downtown and throughout Tillsonburg Priority Project – Attainable housing plan ATTACHMENTS Community Improvement Plan and Appendices Page 237 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 1 1.0 PREAMBLE TO THE TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN 1.1 INTRODUCTION Community improvement planning is commonly used as a tool to provide assistance to municipalities to address challenges related to growth management, accessibility and development. It provides a means of planning and financing development activities that effectively assist in the redevelopment of lands, buildings and infrastructure through the implementation of various financial incentives. The intent of a Community Improvement Plan (CIP) is to outline, in one document, the possible range of improvement options which may be undertaken to promote and encourage renewal, redevelopment and rehabilitation within the key areas of the Town requiring investment. The Plan is also intended to provide general design direction to complement and assist with the implementation of the financial incentive programs enabled by this CIP. The Plan is intended to provide a list of suggested incentive programs that Council might draw upon in its decision making to direct funding towards programs deemed as a priority to assist with downtown improvement and attracting investment for significant development projects. As such, the Town is not obligated to implement all of the incentives outlined in this Plan, and may discontinue or reduce funding for the incentives at any time. Further, Town Council reserves the right to determine, at its sole discretion, the implementation schedule of the proposed financial incentives contained in the Plan. 1.2 LEGISLATIVE AUTHORITY AND POLICY FRAMEWORK 1.2.1 Municipal Act Ontario’s Municipal Act, 2001 is the principle statute governing municipal organization and the delivery of services in Ontario. The Act came into effect on January 1, 2003, replacing the 1990 Municipal Act. Effective January 1, 2007, the Municipal Statute Law Amendment Act introduced significant amendments to the Municipal Act, providing municipalities with greater flexibility to meet community expectations and fulfilling responsibilities. Section 106 of the Municipal Act prohibits municipalities from directly or indirectly assisting any manufacturing business or other industrial or commercial enterprise through the granting of financial incentives, a practice that is commonly referred to as ‘bonusing’. Notwithstanding Section 106, the Act does provide an exception which allows a municipality to offer certain incentives where the said municipality has approved a Community Improvement Plan in accordance with Section 28 of the Planning Act. 1.2.2 Planning Act The Planning Act empowers the Council of a lower-tier or local municipality to designate Community Improvement Project Areas (CIPAs) and develop CIPs in accordance with the Page 238 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 2 Act. Where a municipality has an approved CIP in place, the Act directs that the municipality may:  Acquire, hold, clear, grade, otherwise prepare, sell, lease or otherwise dispose of lands;  Construct, repair, rehabilitate or improve buildings on lands acquired or held by the municipality;  Make grants or loans to registered owners, assessed owners and tenants of lands or buildings to pay for the whole or part of any cost of rehabilitating such lands or buildings; and  Enter into agreements with any government authority for conducting studies and for the preparation, implementation and financing of plans and programs. 1.2.3 Provincial Policy Statement The Provincial Policy Statement – 2014 (PPS) came into effect on April 30, 2014 and provides policy direction on matters of provincial interest related to land use planning and development. The PPS establishes the policy foundation for regulating the development and use of land and supports the provincial goal of enhancing the quality of life for the citizens of Ontario. The PPS is issued under Section 3 of the Planning Act, which requires that all decisions affecting land use planning matters “shall be consistent with” policy statements issued under the Act. The PPS provides high-level policy direction pertinent to community improvement areas, including intensification, redevelopment, mixed land use and heritage preservation. In this regard the PPS generally promotes:  Land use patterns in settlement areas based on densities and a mix of land uses that use land and resources efficiently, promote energy efficiency and provide a range of uses and opportunities for intensification and redevelopment (Section 1.1.3.2);  Opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites (Section 1.1.3.3);  Development standards which facilitate intensification, redevelopment and compact form (Section 1.1.3.4);  Providing an appropriate range of housing types and densities to meet projected requirements of current and future residents with residential intensification, densities which support active transportation modes including public transit, and redevelopment which facilitates a compact form (Section 1.4.3);  Planning of streets and spaces which meet the needs of pedestrians, foster social interaction and facilitate community connectivity (Section 1.5.1);  A land use pattern, density and mix of uses which minimizes vehicle trips and supports transit and active transportation (Section 1.6.7.4);  Opportunities for economic development, maintaining and enhancing the vitality and viability of the downtown and mainstreets and encouraging a sense of place by conserving features that help define culture (Section 1.7.1); Page 239 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 3  Energy conservation and efficiency and improved air quality through compact form and a structure of nodes and corridors, focusing employment and other travel- intensive uses on sites which are well served by transit, improving the mixture of employment and housing to shorten commute journeys, design to maximize energy efficiency and conservation (Section 1.8.1); and,  Conservation of significant built heritage resources and significant cultural heritage landscapes (Section 2.6.1). 1.2.4 Oxford County Official Plan Central Area Vision Section 8.1.1 of the Oxford County Official Plan outlines the Municipal Planning Strategy for the Town of Tillsonburg, as articulated in Chapter 8 of the Official Plan. The goals articulated in Section 8.1.1 serve as general guidelines for detailed policy development. The Town aims to maintain and promote the downtown as the hub or heartbeat of the town, rich in commercial diversity and amenities which bolster its role as the focal point of the community. In the future, the Central Area of the Town of Tillsonburg will remain as the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative centre. The commercial core of the Central Area will remain a viable regional retail shopping district capable of meeting the day to day and specialty needs of residents of the Town as well as serving the southern part of Oxford County and portions of Elgin and Norfolk Counties. At the same time the Central Area will increasingly serve as a people place and will have increased day and night activity through the introduction of residential development within and near the Central Area and through better integration of the Central Area with the wider community. New buildings and spaces will reflect a human scale of development which results in a significantly enhanced pedestrian environment. The heritage resources of the Central Area will be protected through heritage conservation and enhanced through new development which respects nearby heritage buildings. To support the Town’s goal of a vibrant central area, the Town supports the creation of new residential units within commercial and institutional buildings within the Central Area through the development of appropriate zoning standards. In addition, the Official Plan directs that where new development, expansion, or redevelopment is undertaken, Site Plan Control shall address issues such as parking, signage, lighting, barrier-free design and vegetation, to the effect of ensuring compatibility with adjacent land uses and achieving an overall high quality of development. Residential Areas Page 240 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 4 Official Plan policies in Section 8.2 facilitate a variety of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town. A strategic aim of the Town is also to promote and facilitate the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. Cultural Heritage Policies The Official Plan requires that significant built heritage resources and cultural heritage landscapes that are valued by the community, be conserved. Section 8.3.2.2.5 of the Official Plan recognizes the importance of conserving and enhancing the Town’s heritage resources, including buildings, structures, sites and landscape elements having architectural, historical or cultural significance. In this regard the Town:  Shall maintain the heritage resources which are in its ownership and shall ensure that public improvements are sensitive to the heritage character of the resource. In addition Town Council shall require that essential heritage elements are conserved, incorporated or maintained when any new use or development of such feature is proposed;  May designate individual buildings or sites in the Central Area under the Ontario Heritage Act;  May authorize the use of the density bonus provisions or transfer of density provisions of the Planning Act, in accordance with Chapter 10, Implementation Measures, as incentives to the private sector for heritage conservation;  May administer programs of senior levels of government directed towards heritage conservation and may develop complementary municipal programs to maintain and enhance heritage elements in the Central Area. The CIP should support these policies in the Official Plan by recognizing existing cultural heritage resources and promoting the preservation and restoration of potentially significant properties within the Community Improvement Project Area. Transportation Policies According to Section 8.3.2.2.6, a strategic approach for Transportation is to provide for a safe, convenient and aesthetically pleasing integrated transportation system which will promote cycling and walking in the Central Area while continuing to provide adequate facilities to meet vehicular needs. The Town also endeavours to support improvements to the transportation system which will increase the use of bicycles and walking in the Town for commuting to work, shopping and other purposes, consistent with efforts to improve air quality, energy efficiency and non-auto modes of transportation. Page 241 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 5 Community Improvement Policies Section 10.4 of the County Official Plan includes policies intended to direct County and Area Municipal actions regarding upgrading, redeveloping and rehabilitating the physical environment of existing, older residential neighbourhoods, ancillary open space and recreational areas, commercial centres and industrial areas. The policies are intended to guide both private and public community improvement activities within designated community improvement project areas and are premised on a number of goals, including:  The upgrade and improvement of municipal hard services, social and recreational facilities and public utilities;  The preservation and upgrade of older residential neighbourhoods and settlements;  The strengthening of existing central areas;  The improvement of existing industrial areas by encouraging further development and redevelopment;  Consideration of participation in senior government funding assistance programs; and  Encouraging the coordination of municipal, private and community organizations in promoting community improvement efforts. In addition to a number of general criteria for the designation of community improvement areas, the Official Plan provides additional guidance for identifying residential, commercial and industrial improvement areas based on, among other matters, the structural integrity of building stock, lack of community facilities and, in the case of commercial improvement districts, those areas that are experiencing high vacancy rates, inadequate off-street parking and poor traffic circulation. Contaminated Sites Section 10.4.6 of the Official Plan provides that where a redevelopment proposal demonstrates a change in land use on a site where contaminants may be present, the County and/or Town will require that environmental site assessment and site cleanup be undertaken as required in accordance with Section 3.3.3.2. The County and/or Town may:  Provide grants and/or loans to owners and tenants of properties to assist in clean up and redevelopment of the lands or buildings to conform with the Community Improvement Plan;  Cancel or not increase the municipal portion of the property tax on sites during the rehabilitiation period; and  Cancel or not increase the education portion of the property tax on sites during the rehabilitation period with the approval of the Ministry of Finance. Page 242 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 6 1.2.5 Central Area Design Study The Central Area Design Study was completed in 2012 by Brook McIllroy, Town staff, and County Planning Staff. It was approved by Council in September 2012. The main objectives of the design study are:  Elevate and promote the cultural heritage and built form of Broadway Street;  Create an urban design vision that highlights the diverse character of Central Area of Tillsonburg, while prioritizing inherently sustainable approaches;  Identify the unique character areas within the Central Area and prepare specific visions and urban design guidelines for each;  Improve connection within the Central Area as well as between the downtown and the surrounding community;  Transform Broadway Street into a weekday, evening, and weekend destination with a mix of uses and activities. Town staff have identified that the successful implementation of the study will be tied to incentives and CIP programs that will encourage property owners and developers to use the recommendations of the Design Study into their projects. To date, through a Façade Improvement Program Grant, the Town and Tillsonburg BIA has partnered with numerous businesses and property owners to improve the façade of buildings at prominent locations in the downtown. 1.3 PROCESS In August 2015, Town Staff together with Planning staff initiated the review of the three existing Community Improvement Plans (Dereham Forge, Van Norman, Tillsonburg Gateway CIPs) and determined it would be advantageous to develop a new comprehensive Town-wide CIP that would identify several financial incentive programs to assist with renewal in the Downtown areas of the Town, vacant industrial sites, and brownfield projects within the Town. The Town CIP has been prepared in accordance with the provisions of Section 28 of the Planning Act. The draft Community Improvement Plan (CIP) was circulated to the prescribed public bodies as required by Section 17 of the Act and a final draft was prepared, reflecting those comments received through the noted circulation, where applicable. Page 243 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 7 2.0 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN 2.1 COMMUNITY IMPROVEMENT PROJECT AREA (CIPA) The CIP applies to all lands within the Town of Tillsonburg, as identified on Appendices I, respectively. 2.2 PURPOSE The purpose of the Town CIP is to promote the development and redevelopment of buildings and lands within the Town’s Central Area (areas designated as Central Business District & Entrepreneurial District as depicted on Schedule T-1 of the Oxford County Official Plan), as well as promote support brownfield redevelopment opportunities, and support redevelopment of vacant employment buildings throughout the Town and support the Town’s Housing objectives and other goals and objectives as outlined in the Town’s Community Strategic Plan. 2.3 GOALS AND OBJECTIVES The fundamental goal of the CIP is to promote development in the Central Areas and employment lands by encouraging property and business owners to improve the visual quality and function of buildings with a view to enhancing the long-term viability and economic stability of the Town. Generally, the objectives of the CIP are to:  facilitate the ongoing viability, vitality and revitalization of the Central Area of the Town;  encourage long-term investment that improves the economic climate of the Town;  outline a set of key design principles to form a basis for improvement efforts;  improve the physical and visual quality of the existing building inventory;  conserve and strengthen traditional heritage features within designated community improvement areas by encouraging improvement that is ‘sympathetic’ to the history of the area and encouraging reuse;  promote a visually attractive, safe and clean public realm that is accommodating and accessible to all users;  stimulate private investment activity and private property maintenance;  stimulate investment in housing that meets the goals and objectives of the Community Strategic Plan; including various forms of accommodation along the Housing Continuum (such as Affordable/Affordable Rental*); and,  increases the sense of community participation and civic pride. *NOTE: AFFORDABLE HOUSING HAS TYPICALLY BEEN DEFINED AS EITHER OWNERSHIP OR RENTAL HOUSING WHERE MONTHLY HOUSING COSTS DO NOT EXCEED 30% OF GROSS MONTHLY HOUSEHOLD INCOME. AFFORDABLE RENTAL HOUSING HAS ALSO BEEN DEFINED AS UNITS RENTED AT OR BELOW THE CMHC AVERAGE MARKET RENT. FOR THE PURPOSES OF THIS PLAN, THE Page 244 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 8 DEFINITION FOR THESE CATEGORIES OF HOUSING WILL BE AS DEFINED IN THE CURRENT VERSION OF THE COUNTY OF OXFORD’S MUNICIPAL HOUSING FACILITIES BYLAW. 2.4 MONITORING AND CHANGES TO THE CIP The Town supports actions that may be undertaken to promote revitalization and renewal, either through the use of one initiative or a combination of complementing incentives. However, the Town is not obligated to implement the incentive programs as outlined in this Plan and may choose to discontinue any incentive associated with the CIP at the sole discretion of Town Council. Where Town Council resolves to discontinue a program or incentive, any approved projects underway at the time will generally be honoured until the development is concluded. 2.5 IMPLEMENTATION Council shall prepare and adopt a set of guidelines and procedures to establish specifics on how the various elements of the Plan will be implemented. The guidelines will address such issues as the application and approval procedures, agreement requirements, and how decisions will be made regarding which projects receive approval. At the time Council establishes its annual budget, Council will determine the maximum contribution to be made available to various programs under the CIP for the current year. The Town will conduct periodic reviews of the programs being implemented under the CIP to determine their effectiveness and to determine whether funding levels should be increased or decreased, or whether modifications to the program should be made. Any changes to the financial incentives programs will require pre-consultation with Ministry of Municipal Affairs and Housing (MMAH). 3.0 FINANCIAL INCENTIVE PROGRAMS This section outlines the financial incentive programs that may be implemented by the Town through the CIP. These incentive programs are designed to stimulate and assist new development, redevelopment and rehabilitation of vacant, underutilized or deteriorated properties in the designated areas of the Town and may be funded by way of both grants and loans. Annual limits on expenditures/funds to be made available for the financial incentive programs in this Plan will be determined by Town Council. Detailed program implementation policies will also be established by the Town for the programs identified in this Plan. The following general implementation and eligibility criteria shall apply to all financial incentive programs offered through this plan: Page 245 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 9  Applications for funding shall generally be submitted prior to the issuance of a building permit. Grants will only be paid out after the applicable improvements have been completed and inspected by the Town and all outstanding work orders have been satisfied;  All taxes and other Municipal financial obligations for a property must be paid in full before any grant or loan is paid to an eligible property owner. The Town reserves the right to request an independent audit of the applicants accounts, at the expense of the applicant;  If a property is under an assessment appeal, the grant or loan application will be held in abeyance until the appeal is resolved;  Any program applicant may be required to provide a business plan and detailed cost estimates for the proposed works as part of the application;  Participating property owners may be required to enter into an agreement with the Town specifying such items as the level of loan or grant available and the terms and conditions associated with the loan or grant, including the circumstances whereby an owner would be obligated to repay the Town for any loans or grants received;  If a building erected or improved with a program grant or loan is demolished prior to the expiry of the grant or loan period, or the property is not maintained in a satisfactory state of repair consistent with Town By-laws, the grant or loan is forfeited and will be recovered by the Town;  To be eligible for any of the funding programs, the proposed work shall conform with the goals of this CIP, all Town policies, standards and procedures including the Town’s Property Standards By-law, Town’s Sign By-law, Town Zoning By-law, site plan guidelines and the Central Area Design Study as appropriate, and will be subject to review and the issuance of all required planning and development approvals and building permits;  The total cost of all grants and loans provided by the Town and County combined may not exceed the total cost of rehabilitation;  All applications for loan assistance under this CIP will be considered on a 'first come, first served' basis and will be restricted to the limit of budgeted funding. Should the number of eligible projects exceed the annual funding available, those eligible projects will be held in queue until and if funding becomes available the following year;  Any applicant may be required to provide detailed quotes and/or cost estimates for services and materials subject to an application;  The Town may, at any time, discontinue or cancel funding of a program. Page 246 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 10  Unused funds from a particular program may to be transferred to reserve for CIP use in future years at the discretion of Town Council. The following is a brief description of each program that may be offered at the discretion of Town Council within all or part of the Community Improvement Project Area. A summary of the program descriptions appear in Appendix II of this Plan. 3.1 INCREMENTAL TAX REBATE PROGRAM This program is intended to provide a grant to owners of lands and buildings who undertake improvements or redevelopment that result in an increased property assessment. The amount of the grant provided will depend on the amount of the municipal portion of property taxes that has increased as a result of the improvements. The increase in realty tax represents the annual municipal realty tax in each year following improvement or redevelopment of lands and buildings over and above municipal realty tax prior to improvement or redevelopment of the lands in question. All commercial and residential properties located in the Central Area are eligible for this program. Residential, Commercial and Industrial areas outside of the Central Area and industrial properties may also be eligible, where appropriateapplicable. For additional clarity, only multi-residential or ARU developments that meet one or more Town housing objectives (as outlined in the Community Strategic Plan) are eligible for consideration under this program. The increase in taxes, or tax increment, is calculated by subtracting the municipal portion of property taxes before reassessment from the municipal portion of property taxes after reassessment. The Town may provide any proportion of the increment for any length of time that Council deems appropriate, to a maximum of 10 years. The tax increment does not include any increase/decrease in municipal taxes due to a general tax rate increase/decrease, or projects that result in a tax class change without an increase in assessment due to redevelopment. Where a redevelopment results in a tax class change, the Base assessment shall be set as the initial value in the new tax class. 3.2 FAÇADE IMPROVEMENT GRANT This program is intended to provide a loan or grant to encourage exterior renovations which are in keeping with the desired aesthetic effect and historical/heritage characteristics of buildings within the designated areas. Eligible improvements may consist of external repairs to façades, including signage, lighting, entrances and display windows. Interior work will not be eligible. All commercial and residential properties in the Central Area shall be eligible and commercial properties outside of the Central Area may be eligible at prominent locations. 3.3 ALLEYWAY FAÇADE IMPROVEMENT GRANT This Program is intended to provide loans to property owners in the Central Area to assist with non-street front façade improvements to be consistent with the Central Area Design Page 247 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 11 Study and to improve the appearance of rear alleys and other visible servicing corridors. All commercial and residential properties in the Central Area shall be eligible. For the purposes of this program, a non-street front facade shall mean a portion of a non- street front building that is visible from an adjacent street or alleyway. All works shall be pre-approved and generally be in keeping with the Central Area Design Study. 3.4 BUILDING PERMIT FEE REBATE PROGRAM This program is intended to provide a grant equivalent to the fees paid for Building Permits. The program is meant to stimulate and encourage development and property improvements. All commercial properties located in the Central Area shall be eligible, as well as all industrial properties throughout the Town. 3.5 ARCHITECTURAL DESIGN GRANT PROGRAM This program is intended to provide a grant to owners of lands and buildings in the Central Area who wish to hire a professional such as an architect (for preparing designs, estimates, etc.), an engineer (for structural analysis) or accredited designer (landscape, interior, lighting or graphics/signage) to develop a project concept for other programs offered under this CIP. Design Grants may be applied for prior to the submission of an application for such applicable program. All design work shall generally be in keeping with the Central Area Design Study to be eligible for funding through this program. All commercial properties in the Central Area shall be eligible. 3.6 LEGAL AND REGISTRATION COSTS In order to provide additional motivation for those landowners accssessing the CIP programs, the Town will may assume a portion of the legal costs and costs associated with registration of agreements for all of the above listed programs. 3.7 BROWNFIELD REDEVELOPMENT INCENTIVE PROGRAM This program is intended to stimulate private sector investment in the reuse and redevelopment of brownfield sites and partially offset the costs associated with the site assessment and remediation. Incentives offered by the Town could include a grant equivalent to 50% of the cost of a Phase II Environmental Site Assessment, designated substances and hazardous materials survey, remedial work plan or risk assessment. A maximum grant would be determined by Town Council per environmental study and per property. 3.8 HOUSING PROJECTS The Town may provide loans, either interest bearing or interest free, or grants for projects that increase the supply of non-market housing, i.e. affordable, attainable or community housing projects (e.g. Habitat for Humanity). Financial support should be accompanied Page 248 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN P a g e | 12 by a legal and binding commitment by the project owner/manager in terms of providing these non-market housing units. In general, commitments should be longer term in nature and demonstrate benefits that exceed the support provided. 3.98 COUNTY TAX GRANT BACK INCENTIVE PROGRAM The County has also adopted a Community Improvement Plan that applies to those lands within the County of Oxford that are subject to a local municipal downtown, central area, or village core-oriented community improvement plan. All lands within the Central Area of the Town of Tillsonburg, as identified on Appendix I, have been designated by County Council, by by-law, as a Community Improvement Project Area (CIPA) for the purpose of administrating the CCIP. Similar to the tax incentive program offered through the Town CIP, the County CIP provides a tax grant back to owners of commercial, industrial or institutional properties and buildings who undertake improvements or redevelopment that result in an increased property assessment. Where a property is eligible for a tax grant back in accordance with the eligibility criteria as contained in the Town CIP and is located in the Central Area, as defined in the County CIP, the subject property may be eligible to receive a grant back for the increased County portion of taxes that would result in the proposed redevelopment or improvement. As the County CIP is intended to complement and enhance the incentives offered through the Town CIP, this duplication of financial assistance is acknowledged and will be permitted. Page 249 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN APPENDIX II TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN SUMMARY OF RECOMMENDED COMMUNITY IMPROVEMENT INITIATIVES PROGRAM ELIGIBILITY CRITERIA Alleyway Façade Improvement Grant Interest free loan or grant for alleyway building facade improvements and works to comply with the Central Area Design Study, for properties in the Central Area.  50/50 matching funds.  Maximum of $10,000 per project.  Commercial properties in the Central Area are eligible.  Projects that incorporate Ontario Building Code improvements such as stairs, railings, guards, fire escapes, etc. are also eligible.  Projects that meet energy conservation and efficiency goals shall be given a higher score. Architectural Design Grant Program Grant to offset cost of retaining professionals to provide acceptable design(s), in accordance with the Town Central Area Design Study for eligible properties in the Central Area.  50/50 matching funds.  Maximum of $2,500 per project.  Commercial properties in the Central Area are eligible.  Affordable or social housing projects are eligible Brownfield Redevelopm ent Grant Program Grant to cover up to 50% of the cost of a Phase II Environmental Site Assessment (ESA), designated substances and hazardous materials survey, remedial work plan or risk assessment.  50/50 matching funds.  Maximum of $5,000 per project.  Applicant must provide a copy of the ESA to the Town. Page 250 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN PROGRAM ELIGIBILITY CRITERIA Building Permit Fee Rebate Program Rebate of Building Permits fees for commercial and industrial properties in the CIP area. Commercial Properties outside of the Central Area are not eligible for building permit grants. Industrial Projects – Small (Project value of $150,000 to $500,000)  Grant of 100% of the applicable building permit fees offered as a rebate once the project is completed. Industrial Projects – Large (Project value of $500,000 or more)  Grant of 50% of the applicable building permit fees offered as a rebate once the project is completed. Commercial Projects – Central Area (Minimum project value of $150,000) Rebate of the applicable building permit fee offered once the project is complete, as follows:  General renovations/rehabilitations - 25% Rebate;  Projects that will improve the overall attractiveness of the streetscape and downtown - 50% Rebate;  Projects that meet above criteria and provide exemplary attention to detail and a high level of design – 75% Rebate. Facade Improvement Grant Interest free loan or grant for exterior renovations of buildings within the Central Area. Eligible improvements may consist of external repairs to facades, including signage, lighting, entrances and display windows. Interior renovations will not be eligible.  50/50 matching funds.  Maximum of $10,000 per façade.  Commercial properties in the Central Area are eligible.  Other commercial properties outside of the Central Area may also be eligible at prominent locations. These projects will not be eligible for the matching BIA funds.  Project shall conform to the design principles contained within the Town’s Central Area Design Study as determined by the Façade Improvement Review Committee.  Projects that meet energy conservation and efficiency goals shall be given a higher score.  Affordable or social housing projects may also be eligible subject to Council approval and funding Page 251 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN PROGRAM ELIGIBILITY CRITERIA Accessibility Renovation Grant Grant, of up to $3000, to improve accessibility to existing commercial buildings and properties through the renovation of:  building entrances;  upgrading of doors;  installation of power assist door operators;  installation of ramps;  elevating devices;  accessible washrooms for the public. This grant is intended to provide funds to assist owners and tenants of existing commercial buildings, particularly older buildings in the Central Area, with accessibility improvements to improve the accessibility of commercial buildings within the Town. Page 252 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN Incremental Tax Rebate Program Grant to rebate increase in Town property taxes resulting from improvements or redevelopment of lands and buildings, for properties located in the CIP area. Projects must meet the following general eligibility criteria:  An increased property assessment value;  Support Town objectives such as increased residential density, affordable or social housing, retail, business services and industrial diversity as contained in the Town’s strategic plans;  Conform to the principles of the Town’s Central Area Design Study (where applicable);  Additional criteria including 75% of the front of the building is comprised of glass, brick or stone and preference given to projects that use a brick consistent with the yellow heritage brick evidenced throughout the downtown (for properties zoned ‘Central Commercial (CC)’ & ‘Entrepreneurial (EC)’, where applicable).  Projects that meet energy conservation and efficiency goals, as well as water conservation and re-use goals shall be given a higher score. Commercial and Multi-Residential Projects (Within Central Area and Affordable or Social Housing Projects within the Town Boundary) - Phase-in Schedule  General renovations/rehabilitations – Rebate of 100% of increased taxes in year 1, 80% in year 2, 60% in year 3, 40% in year 4 and 20% in year five, with full taxes payable in year 6.  Projects that improve the overall attractiveness of the streetscape/community and provide attention to detail and a high level of design – Rebate of 50% of increased taxes from years 1 – 6, 40% of increased taxes in year 7, 30% in year 8, 20% in year 9, 10% in year 10, with full taxes payable in year 11.  Projects that are of strategic interest to the community and provide exemplary attention to detail and a high level of design – Rebate of 100% of increased taxes from years 1 – 6, 80% in year 7, 60% in year 8, 40% in year 9 and 20% in year 10, with full taxes payable in year 11. Commercial Projects (Outside Central Area) - Phase-in Schedule  General renovations/rehabilitations – Rebate of 100% of increased taxes in year 1, 80% in year 2, 60% in year 3, 40% in year 4 and 20% in year five, with full taxes payable in year 6.  Projects that improve the overall attractiveness of the streetscape/community and provide attention to detail and a high level of design – Rebate of 50% of increased taxes from years 1 – 6, 40% of increased taxes in year 7, 30% in year 8, 20% in year 9, 10% in year 10, with full taxes payable in year 11.  Projects that are of strategic interest to the community and provide exemplary attention to detail and a high level of design – Rebate of 100% of increased taxes from years 1 – 6, 80% in year 7, 60% in year 8, 40% in year 9 and 20% in year 10, with full taxes payable in year 11. Industrial Projects - Phase-in Schedule  General renovations/rehabilitations – Rebate of 100% of increased taxes in year 1, 80% in year 2, 60% in year 3, 40% in year 4 and 20% in year five, with full taxes payable in year 6.  Projects that improve the overall competitiveness of Tillsonburg’s economic base while provide a high level of design – Rebate of 50% of increased taxes from years 1 – 6, 40% of increased taxes in year 7, 30% in year 8, 20% in year 9, 10% in year 10, with full taxes payable in year 11.  Projects that are of strategic interest to the community and provide a high level of design – Rebate of 100% of increased taxes from years 1 – 6, 80% in year 7, Page 253 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN PROGRAM ELIGIBILITY CRITERIA 60% in year 8, 40% in year 9 and 20% in year 10, with full taxes payable in year 11. Legal and Registration Costs Grant Grant to reimburse legal costs and costs associated with the registration of agreements associated with the above programs.  Town staff may register applicable agreements on title, or provide a grant to a maximum of $250 to reimburse legal costs of having a solicitor register the applicable agreements on title. Page 254 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN APPENDIX III TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN RECOMMENDED INCREMENTAL TAX REBATE GUIDELINES - DECISION MAKING MATRIX DEVELOPMENT TYPE CRITERIA LEVEL OF TAX INCREMENT GRANT Downtown Commercial and Multi- Residential (including Affordable or Social Housing) Projects Projects that meet General Downtown Development Objectives:  General property renovations/ rehabilitations that will improve the attractiveness of the Downtown Year 1 - 100% rebate Year 2 - 80% rebate Year 3 - 60% rebate, Year 4 - 40% rebate Year 5 - 20% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 6  Only Multi-Residential projects with a minimum of 5-units are considered Projects that meet High Level Downtown Development Objectives:  Improves the overall attractiveness of the streetscape/community  Projects that conform to some of the design and general guidelines contained in the Town’s Central Area Design Study o E.g. Matching height with adjacent buildings, building maintains/ improves consistency with heritage elements from adjacent buildings  Improved accessibility Years 1 to 6 - 50% rebate of the incremental tax increase Year 7 - 40% rebate Year 8 - 30% rebate Year 9 - 20% rebate Year 10 - 10% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 11  Only Multi-Residential projects with a minimum of 5-units are considered Projects that meet Strategic Level Downtown Development Objectives:  Projects that conform to many of the design and general guidelines contained in the Town’s Central Area Design Study  Incorporate environmental sustainability features and Years 1 to 6 - 100% rebate of the incremental tax increase Year 7 - 80% rebate Year 8 - 60% rebate Year 9 - 40% rebate Year 10 - 20% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 11 Page 255 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN technology that results in energy conservation and reduced environmental impact  Improved accessibility with no barriers to access  Only Multi-Residential projects with a minimum of 5-units are considered Commercial Projects Outside of Downtown Projects that meet General Commercial Development Objectives:  General property renovations/ rehabilitations that will improve the attractiveness of the community Year 1 - 100% rebate Year 2 - 80% rebate Year 3 - 60% rebate Year 4 - 40% rebate Year 5 - 20% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 6 Projects that meet High Level Commercial Development Objectives:  Improves the overall attractiveness of the streetscape/community  Projects that provide a higher level of architectural design o E.g. majority of front of building comprised of glass, brick or stone, inclusion of heritage elements Years 1 to 6 - 50% rebate of the incremental tax increase Year 7 - 40% rebate Year 8 - 30% rebate Year 9 - 20% rebate Year 10 - 10% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 11 Projects that meet Strategic Level Commercial Development Objectives:  Significantly improves the overall attractiveness of the streetscape/ community  Provides for a high level of architectural design: o E.g. majority of front of building comprised of glass, brick or stone, inclusion of heritage elements  Incorporates environmental sustainability features and technology that results in energy conservation and reduced environmental impact Years 1 to 6 - 100% rebate of the incremental tax increase Year 7 - 80% rebate Year 8 - 60% rebate Year 9 - 40% rebate Year 10 - 20% rebate  Rebate amount is calculated based on incremental assessment growth  Full taxes are payable in year 11 Page 256 of 342 TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN Industrial Projects Projects that meet General Industrial Development Objectives:  General property renovations/ rehabilitations that will improve the attractiveness of the community Year 1 - 100% rebate Year 2 - 80% rebate Year 3 - 60% rebate, Year 4 - 40% rebate Year 5 - 20% rebate Rebate amount is calculated based on the incremental assessment growth only Full taxes are payable in year 6 Projects that meet High Level Industrial Development Objectives:  Improves the overall attractiveness of the streetscape/community  Projects that provide a higher level of architectural design: o E.g. majority of front of building comprised of glass, brick or stone, inclusion of heritage elements Years 1 to 6 - 50% rebate of the incremental tax increase Year 7 - 40% rebate Year 8 - 30% rebate Year 9 - 20% rebate Year 10 - 10% rebate Rebate amount is calculated based on the incremental assessment growth only Full taxes are payable in year 11 Projects that meet Strategic Level Commercial Development Objectives:  Significantly improves the overall attractiveness of the streetscape/community  Provides for a high level of architectural design: o E.g. majority of front of building comprised of glass, brick or stone, inclusion of heritage elements  Incorporates environmental sustainability features and technology that results in energy conservation and reduced environmental impact  Supports growth in key economic sectors for the Town, E.g. Automotive, High Tech Manufacturing, Agri-food/Food Processing, Energy, etc. Years 1 to 6 - 100% rebate of the incremental tax increase Year 7 - 80% rebate Year 8 - 60% rebate Year 9 - 40% rebate Year 10 - 20% rebate Full taxes are payable in year 11 Page 257 of 342 Page 1 of 5 Subject: Surplus Land Declaration – 25 Maple Lane Property Report Number: EDM 22-25 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT the 25 Maple Lane property, described as Part Lot 380, Plan 500; Part 1, Plan 41R-9104, Except Part 1 Plan 41R-10139; 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 acquired the 25 Maple Lane or former Maple Lane Public School property on August 16, 2022 as a “Preferred Entity” under the Education Act (Regulation 444/98), which provides for public bodies to have advance circulation of surplus school properties. The subject property has been acquired to enable the development of 160 Long Term Care beds and accompanying retirement home developments in the community. In 2019, the Town of Tillsonburg entered into an agreement with a developer for the conditional sale of the 31 Earle Street (Elliott Fairburn) property; however, it was identified, even at that time, that Maple Lane property would be more suitable for the proposed development. Since 2019, the 25 Maple Lane property has been declared surplus by the Thames Valley District School Board and acquired by the Town. Hence, the Town is moving forward with the surplus declaration to enable the potential sale of the property. Should Page 258 of 342 EDM 22-25 Page 2 of 5 the property be declared surplus, a bylaw will be brought forward at a future meeting to enter into an agreement with a developer for this property. Figure 1 – Subject Property: 25 Maple Lane (former Maple Lane Public School) DISCUSSION The 25 Maple Lane property is approximately 5.7 Acres (See Appendix A for legal plans). The lands are currently designated Residential and zoned Minor Institutional. Planning has advised that a re-designation and rezoning of the lands would be required to proceed with re-developing the property. Page 259 of 342 EDM 22-25 Page 3 of 5 CONSULTATION Notice of the potential surplus property has been provided in accordance with Bylaw 2021-031, and specifically, by:  Posting of two notices on the property (November 1, 2022);  Posting a notice on the Town’s website (November 1, 2022); and,  Publishing a notice in the Tillsonburg News (to be published in the Nov 9 and 16 updates). FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Work with Oxford County and community partners to ensure an adequate supply of affordable, attainable housing options Priority Project – Short Term - Long-term care advocacy ATTACHMENTS Page 260 of 342 EDM 22-25 Page 4 of 5 Appendices – Legal Plans Page 261 of 342 EDM 22-25 Page 5 of 5 Page 262 of 342 Page 1 of 6 Subject: Economic Development Advisory Committee Recommendation – Project Consultant Report Number: EDM 22-26 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 RECOMMENDATION THAT the Economic Development Advisory Committee recommendation for the Town to consider project management options for the development of Phase 2 of the Van Norman Innovation Park be referred to 2023 budget deliberations for consideration. BACKGROUND The purpose of this report is to provide Council with advice from the Economic Development Advisory Committee (EDAC) regarding the development of Phase 2 of the Van Norman Innovation Park (VIP). The Committee passed the following resolution at their September 13, 2022 meeting: THAT the Economic Development Advisory Committee recommends to Council that the Town investigate hiring a project manager to handle the future phases of industrial land development. If Council approves the recommendation, staff will conduct research options in this regard and bring forward for Council’s consideration as part of the 2023 budget process. Page 263 of 342 EDM 22-26 Page 2 of 6 DISCUSSION Subsequent to the success the Town has experienced with respect to land sales in Phase 1 of the Van Norman Innovation Park, the Economic Development Advisory Committee asked for a “roadmap” for the development of future phases of the Van Norman Innovation Park. The first phase of the VIP represented the first Industrial Plan of Subdivision ever approved in the Town of Tillsonburg and there were a number of obstacles and key learnings obtained through that process. Based on the significant complexity of the Draft Plan of Subdivision and Engineering Design Approvals process (see Appendix A), the Committee is recommending that a project lead be retained by the town in order to expedite the development and approvals for Phase 2 of the VIP. Southwestern Ontario is currently experiencing unprecedented demand for industrial development sites and, if the Town of Tillsonburg wishes to be part of future growth, it will need to move forward with bringing additional industrial lands to market in an expedited manner. If Council approves the recommendation, staff will conduct research options in this regard and bring forward for Council’s consideration. CONSULTATION This report is being brought forward based on the advice of the Town’s Economic Development Advisory Committee and the resolution passed at their September 13, 2022 meeting. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth Page 264 of 342 EDM 22-26 Page 3 of 6 ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – Ensure adequate supply of “shovel ready” land for business attraction and expansion Priority Project – Short Term - Build out of new industrial land purchase ATTACHMENTS None Page 265 of 342 EDM 22-26 Page 4 of 6 Appendix A – Approval Processes Draft Plan of Subdivision Page 266 of 342 EDM 22-26 Page 5 of 6 Engineering Design Approvals Process Page 267 of 342 EDM 22-26 Page 6 of 6 Page 268 of 342 Page 1 of 2 Subject: Hangar Land Lease Agreement Taxiway C1-9 Report Number: OPD 22-46 Department: Operations and Development Department Submitted by: Richard Sparham, Manager of Public Works Meeting Type: Council Meeting Meeting Date: Tuesday, October 11, 2022 RECOMMENDATION THAT Council receives Report OPD 22-46 Airport Hangar Land Lease Taxiway C1 Lot #9; AND THAT a By-law to a) execute the Agreement to Terminate the Lease with Danny Richer for Taxiway C1 Lot #9, b) to execute the Hanger Land Lease Agreement for Taxiway C1 Lot #9 with Mark Kniss and c) repeal By-law 3883, be brought forward for Council consideration. BACKGROUND Council approved by-law 3883 to enter into a lease agreement with Danny Richer for Taxiway C1 Lot #9 on February 26th, 2015. Danny Richer has agreed to sell Taxiway C1 Lot #9 to Mark Kniss and have requested the current lease be terminated and a new lease with Mark Kniss for Taxiway C1 Lot #9 be authorized. The existing lease with Danny Richer shall be terminated as of October 31st, 2022 with the new lease with Mark Kniss shall take effect as of November 1st, 2022 and end on January 1st, 2042. DISCUSSION After reviewing the existing lease agreement and amendments for this hangar, Staff recommends that the current lease agreement with Mark Kniss be executed. CONSULTATION The following staff and resources have been consulted in preparing this report: Page 269 of 342 OPD 22-45 Hangar Land Lease Agreement Taxiway C1-9 Page 2 of 2  Interim Director of Operations and Development  Director of Finance FINANCIAL IMPACT/FUNDING SOURCE No changes. The rent is the same at $1,116.00 per annum (based upon $0.31 per square foot of Hangar building area) plus H.S.T. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction – Leverage the municipal airport more effectively to increase access, visibility and business activity in Tillsonburg. Priority Project – Immediate Term – Airport Master Plan and implementation ATTACHMENTS: Hangar C1-9 Termination of Existing Agreement Hangar C1-9 Tillsonburg Airport Hangar lease agreement Mark Kniss Existing Lease Agreement with Danny Richer Page 270 of 342 THE CORPORATION OF THE TOWN OF TIUSONBURG BY-LAW NUMBER 3883 A BY-LAW to Authorize a Lease Agreement Between the Corporation of the Town ofTillsonburg and Danny Richer, for the construction of a 3,600 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2035 subject to the terms and conditions contained within the lease. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Danny Richer; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the 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. This by-law shall come into force and take effect immediately after the final passing hereof. READAFIRSTANDSECONDTIMETHIS261hDAYOFFEBRUARY, 2015. READATHIRDAND FINAL TIME AND PASSEDTHIS261h DAY OF, 2015. Page 271 of 342 WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) ~r-e'n<'><>-"-1.­ Made this Bt, day of, 2015. 0 BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Danny Richer. (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property") in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 60 feet wide by 60 feet deep comprising of approximately 3,600 square feet, more or less, as marked on Schedule "A" (the "Premises") to construct a new aircraft hangar (the "Hangar"). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Rent"): For every year of the Term, the total sum of$ 1,044 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on April1'1, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: (a) To pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; Page 272 of 342 2 (b) To pay $100.00 annually as Additional Rent for such expenses incurred by the Lessor for the maintenance and servicing to the Airport. The Parties further agree that this amount may, in the Lessor's sole and absolute discretion, be increased annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada or its successor organization, for the previous calendar year. The Parties agree that all increases in the Additional Rent by the Consumer Price Index shall be cumulative; and, (c) To pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following: (i) All utilities and services including, but not limited to, electricity, water, sewage, natural gas and/or propane. The Lessee acknowledges that connection fees for utilities and services are entirely at the Lessee's cost. Further, the Lessee acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Lessor to provide connections, utilities and/or services to the Premises or that the services and/or utilities can be extended to the Premises; (ii) Snow removal and landscaping on the Premises including cutting the grass and weed control within one (1) metre of the Premises, if applicable; and, (iii) All repair, service and maintenance to the Hangar including reasonable wear and tear; (d) To pay a one-time airport infrastructure fee as contained within the current Rates & Fees Bylaw for the Town of Tillsonburg; (5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing to the Lessor in respect of the expenses payable by the Lessee as provided for herein; (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 2 (2). (7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Lessor and shall be delivered to the Lessor at the Lessor's address for service set out in Section 14 or to such other place as the Lessor may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Lessor's bank plus two (2) per cent. (9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Lessor's right to recover any Rent owing. 3. TERMS AND POSSESSION (1) (2) The Lessee shall have possession of the Premises for a period of twenty (20) years (the "Term"), commencing on the 151 day of April, 2015 and ending on the 31" day of December 2035. Subject to the Lessor's rights under this Lease, and as long as the Lessee is in good standing, the Lessor covenants that the Lessee shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Lessor or any other person or persons lawfully claiming through the Lessor. 4. ASSIGNMENT (1) (2) (3) The Lessee shall not assign this Lease or sublet the whole or any part of the Premises unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Premises without the Lessor's consent. The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as Lessor's Initials ___ _ Lessee's lniti~~ Page 273 of 342 3 provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes and all reasonably related functions, without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Contravene the tenant policy as established by the Lessor from time to time; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. 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 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 or Articles 5{2)(e) or as a result of the septic bed system used by the Lessee 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. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport who are acting reasonably; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Lessor of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Lessor, in their sole and absolute discretion and such approval not to be unreasonably withheld; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, Ul Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) (b) The dimension of the Hangar shall be 60 feet by 60 feet for a total of 3,600 feet; The style of the Hangar shall be either a pole barn style building or a metal frame Lessor's Initials ___ _ Page 274 of 342 (b) (c) (d) (f) (e) (f) 4 building; The siding, siding colour, roof colour and height of the building will be maintained in accordance with current Airport standards as approved by the Lessor; Any construction and/or renovation shall comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of South West Oxford and any federal or provincial statutes, rules or regulations; Prior to the commencement of construction, the Lessee shall submit, at its sole cost, a drainage/grading plan which includes, but not limited to, the information required in this article 5(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Lessor; The Lessor agrees to maintain the lot grading during construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Property, Lessor and the Township of South-West Oxford, as approved by the Lessor, in their sole and absolute discretion, and at the sole cost of the Lessee;T Obtain all necessary permits as applicable at the expense of the Lessee; and, The Lessee shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Lessor responsible for any such costs. (6) The Lessor acknowledges that it has granted access to the Lessee for the Lessee to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Lessor hereby grants to the Lessee, its successors and assigns, free and uninterrupted access in, over, upon, across or through the hangar apron area, defined as sixteen point five (16.5) metres at the front and rear of the Hangar. The Lessor grants to the Lessee the right to enter upon the hangar apron area at all times and to pass and repass thereon as may be required by the Lessee, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable, in the sole and absolute discretion of the Lessor, surface treatment to the hangar apron. Any cost of installing, removing, maintaining, replacing and/or reconstructing the hangar apron shall be at the sole expense of the Lessee without contribution of the Lessor. The Lessee covenants that it shall not conduct such work to the hangar apron without first obtaining the consent of the Lessee and such consent shall not be unreasonably withheld. The Lessee hereby releases the Lessor from any and every claim which may or might arise out of the proper exercise by the Lessee of any of the rights granted herein. 6. REPAIR AND MAINTENANCE (1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor's, or its agents, contractors and employees, negligence and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises. (2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: (3) (a) (b) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the notice; and, if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss, damage or inconvenience to the Lessee in connection with the Lessor's entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of them immediately as Additional Rent. Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Lessee is in arrears of any rent whatsoever the Lessee agrees that the Lessor shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be Lessor's Initials ___ _ Lessee's lnitial~b ' -------. --- Page 275 of 342 5 obtained by the Lessee until the lien is paid in full with all accrued interest and legal fees. (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Lessor's signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (6) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property 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 Premises 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. (2) The Lessee shall carry insurance in his own name insuring against the risk of damage to the Lessee's property and the Hangar within the Premises caused by fire or other perils. --·-"0 Lessor's Initials Lessee's Initials ":\. ~<-.~ ---··----··· Page 276 of 342 6 (3) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least one million ($1,000,000.00) dollars in limits of each occurrence with respect the Premises and Lessee's occupation of the Premises. (4) All insurance policies in this Section 8 including this Article shall name the Lessor, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. (5) Upon demand of the Lessor, the Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Lessor. If any policy of insurance is canceled the Lessee shall inform the Lessor without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 8. 9. ACTS OF DEFAULT AND LESSOR'S REMEDIES (1) (2) (3) (4) (a) (b) An Act of Default has occurred when: The Lessee has failed to pay Rent for a period of 45 consecutive days from the date that payment has been requested by the Lessor; The Lessee has breached his covenants or failed to perform any of his obligations under this lease for a period of 45 consecutive days plus: (i) The Lessor has given ten (10) days notice specifying the nature of the default and the steps required to correct it; and, (ii) The Lessee has failed to correct the default as required by the notice; (c) The Lessee has: (i) Become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) Had its property seized or attached in satisfaction of a judgment; (iii) Had a receiver appointed; (iv) Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Lessor's property; or, (v) Taken action with a view to dissolution or liquidation; (d) Any insurance policy is canceled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums; (e) The Premises: (i) Has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms "vacant and "unoccupied" shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) Is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the 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, (b) The Lessor shall have the right to terminate this Lease and to re-enter the Premises 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 Premises 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 Premises or otherwise dealt with the Premises 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 Premises, 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 Initial;·yR Page 277 of 342 7 (5) 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. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (2) (3) (4) (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this Article and Articles 10(3) and 10(4) fair market value shall be determined as of the date of the issuing of the Notice. If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles 6(3) and 7(5) of this Lease. Other than a termination of this Lease in accordance with Article 1 0(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the "Third Party Offer") the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee's interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor's discretion, as contained in the Third Party Offer (the "Lessor's Offer''). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor's Offer. If the Lessor does not exercise its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. Lessor's Initials ___ _ ~'R Lessee's Initiais"V , Page 278 of 342 8 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) The amount of Rent being paid; (c) The dates to which Rent has been paid; (d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and, (f) Particulars of any subtenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor's interest in the property. (2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee's rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Lessee shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Premises by the Lessee as long as the Lessee performs his obligations under this Lease. 13. RULES AND REGULATIONS The Lessee agrees on behalf of itself and all persons entering the Premises with the Lessee's authority or permission to abide by such reasonable rules and regulations of the Airport and/or Property which shall form part of this Lease and as the Lessor may make and/or amend from time to time. 14. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Lessor at: Tillsonburg Regional Airport Att: Airport Administrator 244411 Airport Rd Tillson burg, ON N4G 4H1 Fax: 519.842.9431 To the Lessee at the Premises or at: 63 Highland Dr RR4 Brantford, ON N3T 5L7 (2) The above addresses may be changed at any time by giving ten (1 0) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 15. REGISTRATION The Lessee shall not at any time register notice of or a copy of this Lease on title to the property of which the premises form part without consent of the Lessor. Lessor's Initials ___ _ Lessee's Initial;;,C~ Page 279 of 342 9 16. INTERPRETATION (1) 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. (2) Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to included the executors, administrators, successors and assigns of the Lessor and Lessee, respectively_ (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor, acting reasonably; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) 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. (4) 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. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) 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. (8) 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. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. --<C:::;J Lessor's Initials Lessee's Initi,;}~( ' v Page 280 of 342 10 In Witness of the foregoing covenants the Lessor and the Lessee have exe Witness ' > \ ' • (;;;) \ "' w -· " z .. I ' i' Lessor's Initials ___ _ Lessor Stephen Molnar, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. ----~:,_,.. ---=~ .._ Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. I have authority to bind the Corporation APPENDIX A-THE "PREMISES" \ ';. \ ';. •. \ • .. 't ~.----.-~ \ ) ...... ]=:l.] ) \ L.-, .... , '· _l_..l..._ _ _j • .. "'t \ \ '""'" ..,.,. '""'" ...~~ ...... .. • ' • • Page 281 of 342 THIS AGREEMENT made the 31st day of October 2022 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Landlord”) AND Danny Richer (the “Present Tenant”) AND Mark Kniss (the “New Tenant”) WHEREAS: the Landlord owns all and singular that certain parcel or tract of land and premises situated lying and being in the Township of South West Oxford in the County of Oxford, being compromised of: PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; S/T 406551; SOUTH-WEST OXFORD; PIN: 00016-0089 (LT); LRO #41; municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1; referred to herein as the “Premises” upon which is located at the Tillsonburg Airport which is owned and operated by the Landlord. AND WHEREAS: By a lease made as of 26 February 2015 (By-law 3883) (the “Present Lease”), a copy of which is attached hereto as Schedule “A”, the Landlord leased to the Present Tenant the lands (the “Leased Premises”) more fully described in the Present Lease and comprising approximately _3600_ square feet subject to the terms and conditions set forth in the Present Lease; AND WHEREAS: The Landlord and the Tenant have agreed that the Present Lease dealing with the Leased Premises shall be terminated and the Present Lease will be at an end October 31st 2022 (the “Termination Date”), on and subject to the terms and conditions contained herein; AND WHEREAS: the termination of the Present Lease is conditional on the New Tenant, as that term is defined herein, the Present Tenant, and the Landlord entering into a lease for the Leased Premises in the form attached hereto as Schedule “B” (the “New Lease”); NOW THEREFORE in consideration of the covenants and agreements herein set forth and provided for, the sum of two dollars ($2.00) paid by each Party to the other and other good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, the Parties hereto respectively covenant and agree as follows: 1.0 Termination of Present Lease 1.1 Subject to the provisions of section 1.5, the term of the Present Lease shall be fully completed and ended with effect from and after the Termination Date and the Present Lease is hereby amended accordingly. 1.2 On or before the Termination Date the Tenant shall, unless otherwise agreed to in writing with the New Tenant and the Landlord, remove from the Leased Premises, all furniture, equipment (including wiring and related devices), fixtures, other personal property and any leasehold improvements which the Landlord requires it to remove, and shall repair any damage caused to the Leased Premises as a result of such removal, all at the Present Tenant’s expense. The Present Tenant’s obligation to observe and perform this covenant shall survive the Termination Date. Any personal property of the Present Tenant remaining at the Leased Premises after the Termination Page 282 of 342 Date shall, at the Landlord’s option, become the Landlord’s property and may, in any case, be removed, stored or disposed of by the Landlord as it sees fit at the Present Tenant’s expense. 1.3 The Present Tenant hereby remises, releases and forever discharges the Landlord, with effect as and from the Termination Date, of and from all manner of actions, causes of action, suits, debts, duties, accounts, covenants, contracts, claims and demands whatsoever which the Present Tenant now has or can, shall or may hereafter have against the Landlord arising out of or under or by virtue of the Present Lease, except as expressly set out herein. 1.4 The termination provided for hereunder is conditional upon the Landlord, the New Tenant and the Present Tenant entering into the New Lease. If the New Lease is not executed by all parties prior to the Termination Date, this Agreement shall be deemed to have been terminated and the Present Lease shall continue in full force and effect and without amendment. 1.5 Notwithstanding any termination of the Present Lease, the Present Tenant shall continue to be responsible to the Landlord for all amounts in arrears under the Present Lease, all damage to the Premises, and for all charges and expenses incurred by or on behalf of the Landlord with respect to such default including, without limitation, all legal, bailiff’s and other professional fees. 2.0 Creation of New Lease 2.1 Subject to the terms and conditions herein, from and after the Termination Date the parties agree that the Present Lease shall be, and shall be deemed to have been, terminated and the New Lease shall be immediately in effect. 2.2 The parties agree that the Landlord shall be entitled to enter upon the Leased Premises, including any building thereon, at any time during the currency of the Present Lease and the New Lease to carry out such tests and inspections in and on the Leased Premises as it reasonably deems necessary. 2.3 The New Tenant has, and shall be deemed to have, relied upon its own inspections of the Premises and not relied upon any representations or warranties or the Landlord in entering into this Agreement or the New Lease. 2.4 The New Tenant shall pay the Landlord’s reasonable legal costs, including fees, disbursements and HST, associated with the preparation of this Agreement and the New Lease within 30 days of the Landlord’s presentation of invoices to the New Tenant, which invoices may be redacted to remove privileged and confidential information. 3.0 General 3.1 The Landlord represents and warrants that it has the right, full power and authority to enter into this Agreement and to perform its obligations hereunder, that it has not assigned or encumbered its interest in the Lease and that no consent from any mortgagee or other party is required. 3.2 All notices required or permitted to be given hereunder shall be in writing and delivered or sent by prepaid registered mail to the address of the intended recipient set forth below or at such other address as may from time to time be notified by the Landlord or the Tenant in writing. To the Landlord at: The Corporation of the Town of Tillsonburg Attention: Director of Operations and Development 200 Broadway Street Tillsonburg, Ontario N4G 5A7 To the New Tenant at: Mark Kniss 104 Crosier Street, Delhi Ontario N4B 3A9 Page 283 of 342 3.3 Each party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party or parties thereto may reasonably require for the purpose of giving effect to this Agreement and carrying out its provisions and completing the transactions contemplated by this Agreement. 3.4 Unless the context otherwise requires, words importing the singular in number only shall include the plural and vice versa, words importing the use of gender shall include the masculine, feminine and neuter genders, and words importing persons shall include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities. If this Agreement has been executed by more than one party as Tenant, their obligations hereunder shall be joint and several, and all references to the “Tenant” herein shall refer to all such parties, as the context requires. 3.5 Delivery of an executed copy of a signature page to this Agreement by electronic transmission shall be effective as delivery of an original executed copy of this Agreement, and each party hereto undertakes to provide each other party with a copy of the Agreement bearing original signatures forthwith upon demand. 3.6 The rights and liabilities of the parties shall ensure to the benefit of their respective legal representatives, heirs, executors, administrators, successors and assigns, as the case may be. 3.7 The Parties covenant and agree that all provisions, terms and conditions contained in this Agreement shall not merge upon completion of this Agreement. 3.8 The parties acknowledge and agree that they enter into this Agreement out of their own volition, and that they have not been induced to sign this Agreement by any representation or warranty. This Agreement, inclusive of its schedules constitutes the entire Agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings, undertakings, representations, warranties, terms, conditions and agreements, whether collateral, express, implied or statutory, between the parties. 3.9 The parties acknowledge that they have obtained independent legal advice concerning the content of this Agreement or that they have had the opportunity to obtain independent legal advice and chosen not to do so. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement. THE CORPORATION OF THE TOWN OF TILLSONBURG _________________________________________ Stephen Molnar, Mayor I have authority to bind the corporation. _________________________________________ Kyle Pratt, CAO I have authority to bind the corporation. PRESENT TENANTS ______________________ _________________________________________ Witness Danny Richer I have authority to bind the corporation. NEW TENANTS Page 284 of 342 ______________________ _________________________________________ Witness Mark Kniss I have authority to bind the corporation. Page 285 of 342 Landlord’s Initials __________ Tenant’s Initials __________ TILLSONBURG AIRPORT HANGAR LEASE This Lease is made this 1st day of November, 2022 (the “Effective Date”). B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Landlord”) - and – Mark Kniss 104 Crosier Street, Delhi Ontario (the “Tenant”) WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated, lying and being in the Township of South West Oxford in the County of Oxford, being compromised of: PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; S/T 406551; SOUTH-WEST OXFORD; PIN: 00016-0089 (LT); LRO #41; municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1; referred to herein as the “Property”, the “Airport” or the “Tillsonburg Airport” upon which is located the Tillsonburg Airport which is owned and operated by the Landlord. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto respectively covenant and agree as follows: 1. LEASED PREMISES (1) The Leased Premises shall consist of a portion of the Tillsonburg Airport identified as Taxiway C1 Lot 9 on the plan attached as Schedule “A”, being the area upon which the Tenant’s airplane hangar shall be located plus one (1) metre of land extended beyond the exterior perimeter of the Tenant’s airplane hangar building (the “Leased Premises”). (2) Notwithstanding the above, the Landlord reserves the right to assign an alternate lot to the Tenant on thirty (30) days’ written notice at any time prior to the commencement of construction of the Tenant’s hangar. (3) The Landlord covenants and agrees to the construction by the Tenant of an airplane hangar on the Leased Premises being a Hangar, (the “Hangar”) subject to the provisions of Schedule “B”. The Tenant shall complete the construction of the Hangar at its sole cost and expense. (4) The Landlord covenants and agrees that the Hangar on the Leased Premises is not owned by the Landlord but is owned by the Tenant. 2. GRANT OF LEASE (1) The Landlord leases the Leased Premises to the Tenant: (a) at the Rent set forth in Section 3; (b) for the Term set forth in Section 4; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein including schedules. (2) The Landlord covenants that it has the right to grant the leasehold interest in the Leased Premises free from encumbrances except as disclosed on title. 3. RENT (1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section and includes Additional Rent. (2) The Tenant covenants to pay to the Landlord, during the Term of this Lease rent as follows (the “Base Rent”): for every year of the Term, the total sum of $1,116.00 per annum (based upon $0.31 per square foot of Hangar building area) plus H.S.T., and any other applicable services tax which may accrue on account of the Landlord collecting rent, payable yearly Page 286 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 2 in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2023 and every 1st day of January thereafter. The Parties further agree that the Landlord may, in their sole and absolute discretion, increase the Base Rent annually in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. If the square footage of the Hangar on the Leased Premises expands then the Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Tenant to the Landlord or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional Rent”) whether or not specifically designated as such in this Lease. (4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Landlord and that the Landlord shall not, during the Term of this Lease, be required to make any payments in respect the Leased Premises other than charges of a kind personal to the Landlord (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Tenant promises: (a) to pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; (b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended, as Additional Rent for such expenses incurred by the Landlord for the maintenance and servicing of the Airport; and, (c) to pay the Landlord a one-time capital recovery charge, based on actuals, for the Landlord to construct the associated hangar apron, if applicable; and, (d) to pay for or provide servicing and maintaining the Leased Premises and the Hangar and shall include the following: (i) all utilities and services including, but not limited to, electricity, water, sewage, natural gas and propane. The Tenant acknowledges that connection fees for utilities and services are entirely at the Tenant’s cost. Further, the Tenant acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Landlord to provide connections, utilities or services to the Leased Premises or that the services or utilities can be extended to the Leased Premises; (ii) snow removal and landscaping on the Leased Premises including cutting the grass and weed control of the Leased Premises including the one (1) metre area around the perimeter of the Hangar; (iii) all repair, service and maintenance to the Hangar including reasonable wear and tear; and, (iv) to pay airport infrastructure fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. (5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided for herein. (i) The Tenant on behalf of itself/himself/herself/themselves, its/his/her/their heirs, executors, administrators and assigns, including its/his/her/their successors in title, hereby covenants and agrees to indemnify and save harmless the Landlord from all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make brought or prosecuted, including legal fees, which the Landlord may incur or have to pay, which may arise either directly or indirectly by reason of any activity, actions, performance, negligence or non-performance of the Tenant, its employees, servants, agents, contractors, subcontractors, architect, landscape architect, engineer, surveyor, planner, consultant, project manager or any other person the Tenant is responsible for at law during the duration of this Agreement; in executing the Works under this Agreement; by reason of installation of any Works required under this Agreement; by the failure of the Tenant to complete the installation of the Works required under this Agreement; because of or on account of the ownership, construction, use existence, or maintenance of the property described in the Agreement; by the exercise of the Tenant’s powers under this Agreement; the construction, maintenance or the improper or inadequate construction, installation and/or maintenance of the Works; any act or omission of said parties while undertaking the Works; or by reason of the neglect of the Tenant or its employees, servants, agents, contractors, subcontractors or others for whom the Tenant is responsible at law. (ii) Without limiting the generality of the foregoing, the Tenant agrees to indemnify and save harmless the Landlord for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any taxiway within the Airport, or by reason of the failure, neglect or omission of the Tenant to do anything agreed to be done pursuant to this Agreement or by reason of Page 287 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 3 any act or omission of the Tenant, including failure of the Tenant to comply with the Construction Act. (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 3 (2). (7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Landlord and shall be delivered to the Landlord at the Landlord’s address for service set out in Section 17 or to such other place as the Landlord may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord’s bank plus two (2) per cent. (9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord’s right to recover any Rent owing. 4. TERMS AND POSSESSION (1) The Tenant shall have possession of the Leased Premises for a period of twenty years, ten months (the “Term”), commencing on the 1st day of November, 2022 and ending on the 1st day of January, 2042. (2) The Tenant shall pay any and all connection costs for hydro, gas, water, heating, air- conditioning and for all other services and utilities as may be provided to the Leased Premises. The Tenant shall arrange with the local authority for connection of gas, electricity and water in the name of the Tenant. Nothing in this paragraph or lease is a warranty or representation by the Landlord that any utilities or services are extended to the Leased Premises or can be extended to the Leased Premises. (3) Subject to the Landlord’s rights under this Lease, and as long as the Tenant is in good standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Leased Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. 5. ABATEMENT OF RENT DURING CONSTRUCTION (1) So long as the Lease has been fully executed, the Tenant has provided the Landlord with proof of the Tenants insurance, and the Tenant has paid the first and last month’s Rent to be held as a deposit, the Landlord shall provide the Tenant with possession of the Leased Premises for a period of up to six (6) months commencing on the Effective Date for the purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall be applicable from the Effective Date save and except for the payment of Rent, Base Rent and Additional Rent which shall be payable as of the first day of the month of occupancy of the Hangar or the expiry of the six (6) month construction period whichever occurs first. (2) In the event the Tenant has not completed construction of the Hangar within the six (6) month construction period, the Landlord, in its sole and absolute discretion, may extend the construction period upon written request of the Tenant or terminate this Lease of which then the Tenant’s deposit provided in Section 5 (1) would be forfeited. 6. ASSIGNMENT (1) The Tenant shall not assign this Lease or sublet the whole or any part of the Leased Premises unless they first obtain the consent of the Landlord in writing, which consent shall not unreasonably be withheld and provided the sub-Tenant and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Tenant hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Tenant to assign this Lease or sublet the Leased Premises without the Landlord’s consent. (2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Landlord to any assignment or other disposition of the Tenant’s interest in this Lease or in the Leased Premises shall not relieve the Tenant from its obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred in any manner to a person other than the Tenant, then such transferee shall be bound by Page 288 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 4 the terms and conditions of this Lease. 7. USE (1) During the Term of this Lease the Leased Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Landlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease. (2) The Tenant shall not do or permit to be done at the Leased Premises anything which may: (a) contravene any Airport use, standards, or tenant policy as established by the Landlord from time to time; (b) cause damage to the Leased Premises; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Leased Premises; (e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and, (f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order. (3) The Tenant shall: (a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably; (b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; (d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; (e) not perform aircraft repair or maintenance outside of the Leased Premises; (f) not start any aircraft in the Hangar; (g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products; (i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld; (j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees; and, (k) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Tenant covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Parties. (5) The Tenant shall be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows: (a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor area of 3,600 square feet; (b) the style of the Hangar shall be either a pole barn style building or a metal frame building; Page 289 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 5 (c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with current Airport standards as approved by the Landlord; (d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord; (e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; (f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord; (g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant; (h) obtain all necessary permits, as applicable, at the expense of the Tenant; and, (i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs. (6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 19 metres wide and 6.5 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any and every claim which may or might arise out of the proper exercise by the Tenant of any of the rights granted herein. 8. CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Applicable / Existing Hangar) (1) The Tenant hereby undertakes to complete the work herein in accordance with the timeframes set out in the Schedule “C” (the “Construction Schedule”). The Tenant shall submit a proposed construction schedule which shall be subject to amendments and approval by the Landlord and attached hereto as Schedule “C”. A variance to the timeframes will only be allowed if approved in writing by the Landlord. Failure to comply may result in the Tenant being in default of this Agreement and the Landlord may seek remedy pursuant to this Agreement. (2) The Landlord approved work shall be carried out by the Tenant in a proper and professional manner so as to do as little damage or disturbance as possible to the Airport lands or the Airport’s infrastructure. The Tenant shall repair and make good all damage and disturbance that may be caused to the Airport lands or the Airport’s infrastructure, to the satisfaction of the Landlord, acting reasonably, at the sole expense of the Tenant. (3) During construction, the works to be carried out by the Tenant, shall be maintained in all respects in a state of good repair by the Tenant, including keeping the site in a sound, neat, safe and clean condition to the satisfaction of the Landlord. If the site is not kept in a state of good repair, upon seven (7) business days written notice to the Tenant (or such shorter time as may be required in the case of an emergency or other urgent matters or as otherwise provided herein), the Landlord shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Landlord shall be recovered from the Tenant and may be recovered as Additional Rent. 9. REPAIR AND MAINTENANCE (1) The Tenant covenants that during the term of this Lease and any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord’s, or its agent’s, contractor’s and employee’s negligence or intentional actions, at no time is the Landlord responsible for any repairs or Page 290 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 6 damage to the Hangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (b) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant’s use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant’s use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees. 10. ALTERATIONS AND ADDITIONS (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations. (2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration. (3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises. (4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing. Page 291 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 7 (5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant. (6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property. 11. INSURANCE (1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Leased Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Leased Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Tenant shall carry insurance in its own name insuring against the risk of damage to the Tenant’s property and the Hangar within the Leased Premises caused by fire or other perils. (3) The Tenant shall carry such general liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Leased Premises and Tenant’s occupation of the Leased Premises. Such insurance policy shall contain no airport site exclusion. (4) All insurance policies in this Section 11 including this Article shall name the Landlord, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. All policies shall be applicable as primary insurance, taking precedence over any other insurance protection owned by the Landlord. The Tenant shall insure that each insurance policy contains a waiver of subrogation rights which the insurer may have against the Landlord and the persons for whom is legally responsible. (5) Upon demand of the Landlord, the Tenant shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Landlord. If any policy of insurance is canceled the Tenant shall inform the Landlord without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 11. Under no circumstances shall delivery of and review by the Landlord of any certificate set forth or any insurance policy or any other proof of existence of the insurance coverage release the Tenant of its obligations to take out insurance in strict compliance with the present provisions or constitute a waiver in favour of the Tenant of any of the Landlord's rights. 12. ACTS OF DEFAULT AND LANDLORD’S REMEDIES (1) An Act of Default has occurred when: (a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date that payment was required to be paid to the Landlord; (b) the Tenant has breached its covenants or failed to perform any of its obligations under this Lease for a period of 45 consecutive days and: (i) the Landlord has given ten (10) days’ notice specifying the nature of the default and the steps required to correct it; and, (ii) the Tenant has failed to correct the default as required by the notice; (c) the Tenant has: (i) become bankrupt or insolvent or made an assignment for the benefit of Page 292 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 8 creditors; (ii) had its property seized or attached in satisfaction of a judgment; (iii) had a receiver appointed; (iv) committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord’s property; or, (v) taken action with a view to dissolution or liquidation; (d) any required insurance policy is cancelled or not renewed by reason of the use or occupation of the Leased Premises, or by reason of non-payment of premiums; (e) the Leased Premises: (i) has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms “vacant and “unoccupied” shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord; (f) failure to install or remedy faulty work, if, in the opinion of the Landlord the Tenant: i. is not proceeding or causing to be proceeded the works required in connection with this Agreement within thirty (30) days’ of notice given; or ii. is improperly performing the works; or iii. has neglected or abandoned before the completion, or unreasonably delayed the same, so that conditions of this Agreement are being violated or carelessly executed or being carried out in bad faith; or iv. has neglected or refused to renew or again perform such work as may be rejected by the Landlord as defective or unsuitable; or v. has defaulted performance of the terms and conditions of this agreement; then, in any such instance, the Landlord shall promptly notify the Tenant, in writing, of such default or neglect and if such notification be without effect within ten (10) business days after such notice, the Landlord shall thereupon have full authority and power to purchase materials and employ workers and machines for the proper completion of the works at the cost and expense of the Tenant. The cost of such work shall be calculated by the Landlord whose decision shall be final and be paid to the Landlord by the Tenant on demand. Should payment not be received following the issuance of an invoice from the Landlord, the Landlord shall collect same as Additional Rent in addition to any other remedy available to the Landlord. It is further understood and agreed between the parties hereto that such entry upon the Premise shall be as an agent for the Tenant and shall not be deemed, for any purposes whatsoever, as an acceptance of the works by the Landlord. (2) When an Act of Default on the part of the Tenant has occurred: (a) the current year’s Rent together with the next years’ Rent shall become due and payable immediately; and, (b) the Landlord shall have the right to terminate this Lease and to re-enter the Leased Premises and deal with them as it may choose. (3) If, because an Act of Default has occurred, the Landlord exercises its right to terminate this Lease and re-enter the Leased Premises prior to the end of the Term, the Tenant shall nevertheless be liable for payment of Rent and all other amounts payable by the Tenant in accordance with the provisions of the Lease until the Landlord has re-let the Leased Premises or otherwise dealt with the Leased Premises in such manner that the cessation of payments by the Tenant will not result in loss to the Landlord and the Tenant agrees to be liable to the Landlord, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Tenant pays to the Landlord. (4) If when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Leased Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. Page 293 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 9 13. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Landlord shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) days’ notice (the “Notice”) in writing to the Tenant and, at the Tenant’s option, the Landlord shall pay to the Tenant the fair market value for the Hangar or the Tenant agrees to remove the Hangar and comply with Articles 9(3) and 10(5) of this Lease. Upon expiry of the Notice the Tenant shall provide vacant possession of the Leased Premises provided the Landlord pays to the Tenant a bonus of $500.00. For the purposes of this Article and Articles 13(3) and 13(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Tenant remains in possession of the Leased Premises after termination of this Lease as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the Landlord shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Tenant is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the Landlord shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the “Notice”) if the Leased Premises are required for any reason or purpose of the Landlord in which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Tenant shall provide such vacant possession upon the expiry of the Notice provided the Landlord pays to the Tenant a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Tenant covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Landlord to exercise its Option as set out in the terms of this paragraph. Upon the Tenant receiving a bona fide offer in writing (the “Third Party Offer”) the Tenant shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Landlord shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Landlord exercises its option in the Notice Period then it must inform the Tenant at the Property in writing that it will purchase the Tenant’s interest in the Hangar on the same terms and conditions, or more favourable terms to the Tenant at the Landlord’s discretion, as contained in the Third Party Offer (the “Landlord’s Offer”). If the Landlord exercises its Option in the Notice Period then the Tenant must sell the Hangar to the Landlord upon the terms and conditions as contained in the Landlord’s Offer. If the Landlord does not exercise its option in the Notice Period then the Tenant shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Landlord shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Tenant is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Tenant by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party then the Landlord will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Landlord to accept any amendment of the term or new term. 14. ACKNOWLEDGMENT BY TENANT (1) The Tenant agrees that it will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a statement in writing certifying: (a) that this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and Page 294 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 10 effect as modified); (b) the amount of Rent being paid; (c) the dates to which Rent has been paid; (d) other charges payable under this Lease which have been paid; (e) particulars of any prepayment of Rent or security deposits; and, (f) particulars of any sub tenancies. 15. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Leased Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Landlord’s interest in the Property. (2) Upon the request of the Landlord the Tenant will execute any form required to subordinate this Lease and the Tenant’s rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Tenant shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Leased Premises by the Tenant as long as the Tenant performs his obligations under this Lease. 16. RULES AND REGULATIONS The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the Tenant’s authority or permission to abide by such reasonable rules, standards and regulations of the Airport and/or Property which shall form part of this Lease and as the Landlord may make and/or amend from time to time. 17. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Landlord at: Tillsonburg Regional Airport Attn: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Tenant at the Leased Premises or at: Mark Kniss 104 Crosier Street, Delhi Ontario (2) The above addresses may be changed at any time by giving ten (10) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 18. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the Property of which the Leased Premises form part without consent of the Landlord. 19. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine, feminine or neutral gender shall include the other genders, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word “Landlord” and the word “Tenant” wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. (3) When there are two or more Tenants bound by the same covenants herein contained, their Page 295 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 11 obligations shall be joint and several. 20. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Tenant is in default under the terms of the Lease which include but are not limited to: (a) its obligations to pay Rent, Base Rent and/or Additional Rent; (b) non-repair or maintenance of the Leased Premises; (c) subleased the Leased Premises without the authorization of the Landlord, acting reasonably; (d) changed its use of the Leased Premises; or, (e) used the Leased Premises in any manner contrary to Article 7. (3) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (4) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (5) The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease and seek independent legal advice. (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and it’s schedules constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (8) The Tenant agrees that it has not relied upon any representation, promise or warranty of the Landlord with respect to the condition of the Leased Premises, Hangar or any representation or promise of the Landlord to repair, renovate or otherwise alter the Leased Premises in any manner prior to or after commencement of the Term. The Parties agree that the Leased Premises are being offered to the Tenant in an “as is” condition. The Tenant shall not call on or demand the Landlord to perform any repairs or renovations prior to or after it obtains possession. The Tenant acknowledges that it has performed its own due diligence in establishing the state of repair of the Leased Premises including the Hangar. In Witness of the foregoing covenants the Landlord and the Tenant have executed this Lease. __________________________________ Landlord Stephen Molnar, Mayor The Corporation of the Town of Tillsonburg __________________________________ Landlord Kyle Pratt, CAO The Corporation of the Town of Tillsonburg Page 296 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 12 We have authority to bind the Corporation. Per: ____________________ _________________________ Witness Name Tenant Page 297 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 13 Schedule “A” THE “LEASED PREMISES” Taxiway C1 Lot 9 Page 298 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 14 SCHEDULE “B” (Not Applicable / Existing Hangar) CONSTRUCTION REQUIREMENTS 1. The Tenant shall construct an airplane hangar building with approximate dimensions of XX feet wide by XX feet deep compromising a floor area of XXXX square feet. 2. The Tenant covenants and agrees, notwithstanding any other statute, regulation or provision regarding the federal government’s authority to regulate the aeronautics industry, to: (a) obtain from the Landlord an Airport Development Permit prior to construction; (b) to pay to the Landlord a flat fee of $600 to administer the Airport Development Permit; (c) to construct the airplane hangar, and any other building that may be permitted, to the standard of the Ontario Building Code, O. Reg. 332/12 as amended or replaced from time to time (the “OBC”) and to the satisfaction of the Landlord in its sole and absolute discretion, and; (d) to ensure all persons retained by the Tenant have appropriate health and safety policies, insurance and WSIB coverage. 3. The Tenant shall provide to the Landlord the following in order to obtain an Airport Development Permit and approval for use of the Leased Premises and hangar thereon: (a) prior to construction, submission of: 1. all applicable fees; 2. 2 copies of a site plan showing the proposed location of the hangar and dimensions to the adjacent buildings; 3. 2 copies of construction drawings (foundation plan, floor plan, building elevations, diaphragm/truss bracing, anchorage, construction details/finishes, etc.) stamped by a professional engineer; 4. 2 copies of the truss drawings stamped by a professional engineer; and 5. Commitment to General Reviews form completed by both the building owner and professional engineer; (b) prior to occupancy and acceptance: 1. inspection of the construction and acceptance of same by the Landlord in in respect of compliance with the OBC, the terms of this Airport Lease and all policies and rules regulating the Tillsonburg Airport; and 2. submission of all site reports (footing inspection, framing inspection, occupancy inspection) and an occupancy report from the professional engineer; and, (c) final approval: 1. provide a final report (verifying outstanding items not completed at occupancy have been completed/corrected) from the professional engineer if applicable. 4. The parties covenant and agree that the Tenant is not required to obtain a building permit from the Township of Southwest Oxford for construction of buildings on the Tillsonburg Airport. 5. The Tenant covenants and agrees that failure to comply with the provisions of this schedule shall be an event of default of this Lease and in the absence of remedying such default, shall permit the Landlord to terminate this Lease and seek any and all other recourse against the tenant in such instance. Page 299 of 342 Landlord’s Initials __________ Tenant’s Initials __________ 15 SCHEDULE “C” (Not Applicable / Existing Hangar) CONSTRUCTION SCHEDULE Provided by the Tenant prior to execution of the lease agreement and approved by the Landlord. Preliminary Construction Schedule: Start of Construction Insert date End of Construction Insert date Note: Tenant has expressed that a detailed construction schedule will be provided once contractor and Tenant have finalized. Page 300 of 342 Page 1 of 3 Subject: South Ridge Playground Replacement Report Number: RCP 22-22 Department: Recreation, Culture & Parks Department Submitted by: Julie Columbus, Director Meeting Type: Council Meeting Meeting Date: Monday, November 14, 2022 Recommendation: THAT Council receives Staff Report RCP 22-22 South Ridge Playground Replacement, as information; and THAT the funds from capital project #717 (OPP Security Replacement Access System/$55,000) be reallocated to cover emergency replacement of the playground at South Ridge Park. Background: South Ridge Park playground was installed prior to year 2000 and guesstimated to be at least 22+ years old (exact age is unknown). Playground structures, if maintained properly, reach end of life at approximately 15 years, depending on variables such as ongoing maintenance, weather exposure and usage. Recently, the South Ridge playground had a failure when a piece of the bridge railing connecting the two playground towers broke off. Concerns were raised around the safety of the entire play structure upon a site visit. Upon inspection the unit was deemed unsafe for use and staff immediately arranged removal. The playground was noted for replacement in 2023 as part of the playground replacement program. Following the removal of play equipment on October 15th, an RFQ was created to obtain quotations for a replacement playground unit, including supply, delivery and installation of a playground comparable to what was at the park, as well as supply of engineered wood fiber chips for AODA compliant surfacing. Page 301 of 342 RCP 22-22 Page 2 of 3 Three (3) quotes were received: OpenSpace Solutions Inc. - $48,350.00 +HST ABC Recreation - $48,965.00 + HST Playpower Inc. - $49,350.00 + HST Staff recommend the submission received from OpenSpace Solutions Inc. be selected for $48,350.00 + HST, which comes in $6,650.00 less than the $55,000.00. The playground unit RFQ submission includes: -two slide units -two double-sided accessible, inclusion play panels -annex H accessible transfer platform -monkey bars -four climbing access points -two standalone towers with different heights -step bridge connection -low swing -two decorative shade canopies The reallocation of funds from project #717 (OPP Security Replacement Access System) will cover the cost of the proposed playground replacement project. The OPP Security Replacement Access System had been included in the 2022 capital budget. Staff were recently contacted to by the OPP to confirm that the town will not be required to complete the project. The OPP informed staff that they will take the lead and covert the upgrade to their security system as they are obligated to meet the specific safety requirements noted in the provincial regulations for security. Therefore, the project no longer requires funding from the town. CONSULTATION This report has been prepared in consultation with the RCP Director, Manager of Parks & Facilities, Director of Finance and CAO. FINANCIAL IMPACT/FUNDING SOURCE Finances to pay for the playground replacement at $48,350 will be funded from the reallocation of funds from capital budget project #717. The project was included in 2022 capital at $55,000 and covered by taxation. Page 302 of 342 RCP 22-22 Page 3 of 3 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Target new programs, services, amenities and attractions that will be a magnet for young families. Priority Project – Immediate Term – Replacement of playground. ATTACHMENT Playground Unit – OpenSpace Solutions Inc. Page 303 of 342 Page 304 of 342 View 1 Southridge Park Town of Tilsonburg Page 305 of 342 View 2 Southridge Park Town of Tilsonburg Page 306 of 342 View 3 Southridge Park Town of Tilsonburg Page 307 of 342 Page 1 of 3 The Corporation of the Town of Tillsonburg Recreation & Sports Advisory Committee October 5, 2022 5:30 p.m. Council Chambers MINUTES Present: Chris Parker, Christian Devlin, Scott Gooding, Carrie Lewis, Taylor Campbell Absent with Regrets: Susie Wray Staff Present: Andrea Greenway, Julie Columbus, Margaret Puhr 1. Call to Order The meeting was called to order at 5:33 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Scott Gooding Seconded by: Christian Devlin THAT the Agenda as prepared for the Recreation & Sports Advisory Committee meeting of October 5, 2022, be adopted as amended. Carried 3. Minutes of the Previous Meeting 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 308 of 342 Page 2 of 3 5. General Business and Reports 5.1. Pickleball presentation – John Verbakel and Diane Peacock. Presentation to ask the town and the committee’s recommendation to support 6 dedicated pickleball courts. This group has approximately 70+ people interested in playing. Current painted lines at the tennis courts are painted with wrong paint and flaking, the schedule is difficult to follow. Smaller communities have better facilities for pickleball which puts Tillsonburg behind. There is a group of people who are ready and willing to get engaged to make this happen. Having these facilities would bring more people to town as well as engage youth. Group does not to own this on their own, but Stonebridge is also interested in participating. The sport is affordable for everyone. The group has done some preliminary research into costs and estimates which are 30 – 40K per court to build. The entire project could vary from 200 – 300K. Presentation is attached to the minutes. Resolution #2 Moved by: Chris Parker Seconded by: Scott Gooding THAT the council add creation of new pickleball courts to the 2023 capital budget considerations. Carried 5.2. Recreation Survey results. – Andrea shared the results, attached to the minutes. 5.3. Hall of Fame update. – There have been 11 nominations for the Hall of Fame to date, each category has a nomination. The deadline for applications is in March, the committee will convene to review all applications at that time. 5.4. General discussion – Christian extended thanks to Andrea for having the signage removed on the trails and thanks to the staff for installing the scaffolding under Kinsmen bridge. Julie shared that there is a replacement program for all playgrounds in town and Southridge park is at the top of the list. There were questions about vagrants in parks and Julie indicated that a meeting has been set up with various agencies to review and address the issues. Page 309 of 342 Page 3 of 3 6. Next Meeting November 9th at 5:30p.m., Council Chambers. 7. Adjournment Resolution #3 Moved by: Scott Gooding Seconded by: Carrie Lewis THAT the October 5, 2022 Recreation & Sports Advisory Committee meeting be adjourned at 6:45p.m. Carried Please contact the Staff Liaison listed below to gain access to this electronic meeting: Contact Margaret Puhr mpuhr@tillsonburg.ca 519-688-3009 ext.4202 Page 310 of 342 Page 1 of 5 The Corporation of the Town of Tillsonburg Tillsonburg Airport Advisory Committee September 22, 2022 5:30 p.m. Electronic Meeting MINUTES Present: Mark Renaud, Councillor Gilvesy, Emily Crombez, Jeff Miller, Dan Cameron, Euclid Benoit, David Brandon, Valerie Durston. Absent with Regrets: Jeff Dean, Mayor Molnar Also Present: Richard Sparham, Manager of Public Works Lisa Davidson, Loomex Eric Duffy, Airport Manager - Loomex Tracy Hird, Public Works Co-ordinator 1) Call to Order The meeting was called to order at 5:31 pm. Chair declared that there is a quorum for this meeting. 2) Adoption of Amended Agenda Resolution #1 Moved by: Deb Gilvesy Seconded by: Dan Cameron THAT the Agenda as prepared for the, September 22nd, 2022 meeting be amended to include a closed session at the beginning of the meeting to discuss Loomex Contracted Services. Carried Page 311 of 342 Page 2 of 5 3) Minutes of the Previous Meeting – Open Session Resolution #2 Moved by: Dan Cameron Seconded by: Emily Crombez THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting – Open Session, dated August 25th, 2022 be approved. Carried 4) Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5) Committee entered into a Closed Session to Discuss Loomex Contracted Services Resolution #3 Moved by: Dan Cameron Seconded by: Jeff Miller THAT the meeting resume to open session at 5:51 pm. Carried 6) General Business and Reports a) Airport Development Manual  No update at this time. b) Hangar Updates – Staff  Henry Breman has started construction.  2 other applicants are going through the process.  A new Cloud Permitting System is in place which will expedite the application process. Should be live in the next week or so.  Staff to communicate the new permitting system.  Staff to provide a further update at the next meeting.  Committee members would like to know metrics on the number of permits that have been applied for and how many were approved. Page 312 of 342 Page 3 of 5  Staff to have better communication with SWOX. c) Master Plan Update – Staff i) Update on Hydro Supply  Staff continuing to work on the load analysis with Hydro One.  Staff waiting for approvals from tenants. ii) Taxiway Construction Update  Going forward, staff will bring recommendations to committee members for input.  Staff to meet with committee members to do a walk through to discuss the path forward and any liability issues. Resolution #4 Moved by: David Brandon Seconded by: Emily Crombez THAT the committee requests to have staff paint center lines on the taxiway for aircraft use. Carried iii) Airport Fence and Gate Installation  Fence and gate are installed.  Staff waiting on Hydro One to connect the hydro.  Once complete, all users will require 4 digit codes. iv) Airport Security Camera Installation  Staff is working with other departments to expand this project. One camera will be placed facing the fuel station and one will be facing towards the administration building.  Fiber optics are being connected in November. v) End of Runway Trees – Staff  All of the Airport trees have been removed.  Staff continues to work on the other private trees.  Staff to get the dimensions of land that will be added to the farmland. Page 313 of 342 Page 4 of 5  Staff to reach out to K & K to see if they are interested in planting on this additional land. vi) Fuel Update  AGFT has finished the maintenance.  Regulation – CSA B836-22  The suppliers that staff contacted will not do scheduled fuel drops.  Staff will begin to re-order fuel when the supply reaches 15,000 L.  10,000 L will be purchased at that time to fill the tanks. Delivery charges will increase due to more frequent fuel drops.  Staff to contact other Airports to inquire on their fuel purchasing processes. vii) Promotion & Marketing  Website updates ongoing.  Economic Development is working on stay and play packages. More information to come. viii) Capital Projects for 2023 Budget Items Ranked (1) Apron Expansion (2) AWOS System (3) Back-up Terminal Generator (4) T-Hangar 6/8 Spaces (5) Extension of Taxiway (6) Phase 2 ESA  The committee is in favour of the sale of lands at the Airport to support future infrastructure needs.  Staff is currently looking into possible opportunities.  Staff would like to implement a 10-year capital plan. ix) Development Strategy  No update at this time. d. Safety Spreadsheet – Staff  Staff continues to remove garbage and debris from around the Airport.  Staff to contact Contractors regarding cleanup of their materials and debris from the Airport grounds.  Fire Inspector conducted hangar inspections on a few hangars. Page 314 of 342 Page 5 of 5 c. Fuel Sales and Airport Movement - Staff  Link to access Fuel Sales - https://datastudio.google.com/reporting/a8138cca-a614-4017-b562- 178c0f5e275c  Link to access Airport Movements – https://datastudio.google.com/reporting/7ae51da4-8f2f-4f42-9601- 53ca5756ba13 6) Other Business 7) Next Meeting October 20th, 2022 at 5:30 p.m. 8) Adjournment Resolution #5 Moved by: Dan Cameron Seconded by: Jeff Miller THAT the September 22nd, 2022, Tillsonburg Airport Advisory Committee meeting be adjourned at 7:15 p.m. Carried Page 315 of 342 Page 1 of 3 The Corporation of the Town of Tillsonburg Tillsonburg Dog Park Committee October 18, 2022 7:30p.m. Council Chambers MINUTES Present: Rosanne Fillion, Kelly Luciani, Katie Benko, Steve Cluett, Karen Clipson, Pete Luciani, Absent with Regrets: Marcie Walters-Turcotte, Connie Porter Staff Present: Julie Columbus, Margaret Puhr 1. Call to Order The meeting was called to order at 7:30 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Pete Luciani Seconded by: Karen Clipson THAT the Agenda as revised for the Tillsonburg Dog Park Advisory Committee meeting of October 18, 2022, be adopted as revised. Carried 3. Minutes of the Previous Meeting 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 316 of 342 Page 2 of 3 5. General Business and Reports 5.1. Grass seeding concerns at the park – it was brought to the committee’s attention that on social media someone was fundraising for grass seed for the dog park. The town staff reached out by letter to the initiator of the fundraiser and advised her that it is not appropriate behaviour to take such actions on town properties and direction on how to share ideas and feedback. Subsequently it was noted by users that grass seed was spread over the dog park property. A concern was also brought that it might be hazardous to dogs to ingest certain seeds, can puncture paws and some seeds are treated with chemicals. Staff are removing larger piles of seeds and putting woodchips over the rest. Independent actions increase town liability should something happen to park users. There was originally grass at the dog park, around 2017 and due to exuberant and enthusiastic use, it turned into dirt and mud, which were then covered with woodchips. A complaint about dog ingesting one of the chips was also shared on public social media – all pet owners are encouraged and advised to monitor their pets at all times, at home and outside home. Responsible dog ownership is imperative. With committee’s suggestion, Julie will reach out to the Communications Officer and ask to address some of these concerns via town’s social media. Committee members shared frustration of the lack of respect given through such actions as well as the growing negativity through social media and among some park users. 5.2. Evaluation of the new shelter – there is some confusion about the cap at the top, the part did not come with the structure, but the company was contacted and it is being shipped, will be installed as soon as it arrives. The concerns about bolts have been addressed – they were cut off. Members expressed that the shelter looks very nice. 5.3. Inventory of accomplishments at the park since inception – the committee would like to list these accomplishments and share not only with the council but also with general public via social media. - Shelter structure - Better woodchips - Extensive planting of trees – Tillsonburg Tree Day planted several at the park - Updated sign at the front - Landscaping at the gate - Water - Solar lighting from donations - Additional donations of lighting - General maintenance has improved, including exterior grass cutting - Maintenance of the parking lot - Addition of picnic tables - Fire hydrant features for dogs - Small and large sides - Wayfinding and directional signage around town Katie noted that as a goal, there should be more promotion of the dog park and public sharing of updates, fundraising, including more public to allow for Page 317 of 342 Page 3 of 3 more feedback and input. More events such as Pooch Plunge, but directed to promotion and fundraising for the dog park is also a goal. Dog photoshoots, training demonstrations, fun days. 5.4. General discussion – members discussed increased negativity around the dog park as well as some criticism of members of this committee who aren’t dog park users. The non-user committee members still feel passionate about bringing additional facilities to the dog park and making it a nice and friendly area for all. Julie shared that 6 staff take care of all parks and trails in the town and are very proud to do the amazing work to provide to all citizens. Pete noted that most dog parks don’t have lights and we are fortunate that Tillsonburg has at least some. He suggests that a dusk to dawn opening is a potential solution if safety is a concern, but prefers not going in that direction. As a safety consideration, providing lighting might invite use of the park for purposes it is not intended for. A broken bag dispenser at the park was replaced. Town staff continue to provide excellent maintenance to the park. The committee does not have a budget for the committee, it is to advise council, but fundraising group or a committee are always a consideration. 6. Next Meeting - This is the last meeting of this committee for the council term. Once the new council has been sworn in, new committees and applications will be posted on town website. Staff can post the posting for new committees at the dog park. Pete thanked all the members for being a part of this committee. 7. Adjournment Resolution #2 Moved by: Karen Clipson Seconded by: Pete Luciani THAT the October 18, 2022 Tillsonburg Dog Park Committee meeting be adjourned at 8:26p.m. Carried Page 318 of 342 Page 1 of 3 The Corporation of the Town of Tillsonburg Culture, Heritage & Special Awards Advisory Committee October 19, 2022 4:30 p.m. Council Chambers Present: Carrie Lewis, Jason Pankratz, Councillor Esseltine, Tabitha Verbuyst Staff: Laura Pickersgill, Executive Assistant/Assistant Clerk Regrets: Nisha Khan-Dunn, Rosemary Dean, Courtney Booth, Patty Phelps, Curator/Culture & Heritage Manager MINUTES 1. Call to Order The meeting was called to order at 4:33 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Jason Pankratz Seconded by: Tabitha Verbuyst THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of October 19, 2022, be adopted. Carried 3. Minutes of the Previous Meeting Resolution #2 Moved by: Tabitha Verbuyst Seconded by: Penny Esseltine Page 319 of 342 Page 2 of 3 THAT the minutes as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of September 7, 2022, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. General Business and Reports 5.1. Heritage Listing Members reviewed the heritage listing. Staff to circulate the Word version for corrections to be made. The column on the right needs to be wider. It was suggested that updated photos be included. Resolution #3 Moved by: Tabitha Verbuyst Seconded by: Jason Pankratz THAT the Culture, Heritage and Special Awards Committee recommends to Council that heritage listings be added to the Town’s heritage register to supplement the designated properties that are currently included there; AND THAT the heritage register be accessible to the public through the Town’s website and in print format. Carried 5.2. Kinsmen Bridge Public Consultation Members reviewed the consultation and the options available for what could happen to the Kinsmen Bridge. 5.3. Youth Engagement Grant Staff to pass information along to Salvation Army, Helping Hand Food Bank, Multi-Service Centre and the Upper Deck. Staff to circulate this information on Page 320 of 342 Page 3 of 3 our Town outlets. 5.4. Tillsonburg 150 Banners Members discussed options for selling or giving away the Tillsonburg 150 Banners. It was suggested that the banners with existing businesses on them be given to them. It was suggested that the banners be framed and given away rather than selling them. It was suggested that they be given to local charities/boards to give away at their auctions. It was suggested that they be put up on a wall at the community centre. 6. Closed Session Resolution #4 Moved by: Penny Esseltine Seconded by: Jason Pankratz THAT the Culture, Heritage and Special Awards Committee moves into closed session at 5:10 p.m. to discuss personal matters about an identifiable individual, including municipal or local board employees. Carried 7. Round Table 8. Next Meeting 9. Adjournment Resolution #3 Moved by: Penny Esseltine Seconded by: Tabitha Verbuyst THAT the October 19, 2022 Culture, Heritage and Special Awards Advisory Committee meeting be adjourned at 5:26 p.m. Carried Page 321 of 342 Page 1 of 4 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee October 11, 2022 7:30 a.m. Present: Andrew Burns, Cedric Tomico, Dane Willson, Jesse Goossens, Lisa Gilvesy, Mayor Stephen Molnar, Suzanne Renken, Randy Thornton, Councillor Deb Gilvesy Staff: Kyle Pratt, Chief Administrative Officer; Cephas Panschow, Development Commissioner; Laura Pickersgill, Executive Assistant/Assistant Clerk Regrets: Steve Spanjers, Kirby Heckford MINUTES 1. Call to Order The meeting was called to order at 7:33 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Lisa Gilvesy Seconded by: Randy Thornton THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of October 11, 2022, be adopted. Carried 3. Minutes of the Previous Meeting Resolution #2 Page 322 of 342 Page 2 of 4 Moved by: Andrew Burns Seconded by: Suzanne Renken THAT the minutes as prepared for the Economic Development Advisory Committee meeting of September 13, 2022, be adopted, as amended. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Councillor Gilvesy joined the meeting at 7:43 a.m. 5. Presentations 5.1. Airport Advisory Committee Chair Mark Renaud, Chair of the Tillsonburg Airport Advisory Committee, provided a summary of the Committee’s activities with regards to the Tillsonburg Airport. Opportunity was provided for members to ask questions. 6. General Business and Reports 6.1. Monthly Activity Update Cephas Panschow provided an overview of the monthly activity update for economic development. An update was provided regarding the environmental testing at Van Noman Innovation Park. There was concern noted regarding the fact that political pressure was required to get the testing approved. It was suggested that concerns such as these be brought forward during delegation meetings at future conferences. 7. Planning Items Circulation There were no planning items for circulation on this agenda. 8. Community Strategic Plan 8.1. Town Hall Task Force Cephas noted that an environmental assessment was done and some concerns Page 323 of 342 Page 3 of 4 were noted. There was a discussion regarding the ground lease under the Town Centre Mall. This item will be discussed further at the next meeting. Staff to investigate if the ground lease can be released. 8.2. Affordable and Attainable Housing Committee The last scheduled meeting did not have quorum. The Committee will be reviewing the Oxford County’s Housing Plan at the next meeting. The height restriction component is currently in the Planning process. 8.3. Boundary Adjustment Committee There is a meeting coming up soon where the results of the RFP will be discussed. 8.4. Physician Recruitment and Retention Committee There was a meeting held on September 20, 2022 and recruitment strategies were discussed. A new surgeon has started at TDMH on October 5th. There are negotiations taking place with a new doctor to take over some patients. 9. Community Organization Updates 9.1. Downtown Business Improvement Association 9.1.1. Report from BIA Chair ED10-01 Cedric provided a summary of the October BIA report. 9.2. Tillsonburg District Chamber of Commerce Suzanne thanked the Town for support at the Awards of Excellence event. The municipal candidate’s debate is happening tomorrow at 6:00 p.m. The Chamber is having a meeting coming up regarding WSIB claims. 8.3 Tillsonburg District Real Estate Board 8.3.1 September 2022 Statistics Page 324 of 342 Page 4 of 4 Dane provided a summary of the statistics provided. 10. Round Table 11. Next Meeting November 8, 2022 at 7:30 a.m. 12. Adjournment Resolution #3 Moved by: Dane Willson Seconded by: Randy Thornton THAT the October 11, 2022 Economic Development Advisory Committee meeting be adjourned at 9:05 a.m. Carried Page 325 of 342 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 Meeting Minutes of September 7, 2022 Approved October 5, 2022 Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Stewart Patterson Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Lorrie Minshall, Interim Manager, Watershed Services David Proracki, Water Resources Analyst Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, September 7, 2022. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Closed Session A-74/22 Moved by P. Ypma Seconded by I. Rabbitts Page 326 of 342 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 - THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Labour relations or employee negotiations (Pay Equity & Compensation Review) CARRIED The board reconvened in open session at 7:10 p.m. 5. Minutes of the Previous Meeting a) Board of Directors Meeting of July 6, 2022 There were no questions or comments. A-75/22 Moved by I. Rabbitts Seconded by V. Donnell THAT the minutes of the LPRCA Board of Directors Meeting held July 6, 2022 be approved as circulated. CARRIED 6. Business Arising There was no business arising from the previous minutes. 7. Review of Committee Minutes a) Lee Brown Marsh Management Committee Meeting of June 24, 2022 There were no questions or comments. A-76/22 Moved by M. Columbus Seconded by P. Ypma THAT the minutes of the Lee Brown Marsh Management Committee Meeting of June 24, 2022 be approved as circulated. CARRIED b) Audit and Finance Committee Meeting of August 18, 2022 There were no questions or comments. Page 327 of 342 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 - A-77/22 Moved by M. Columbus Seconded by D. Beres THAT the minutes of the LPRCA Audit and Finance Committee Meeting of August 18, 2022 be approved as circulated. CARRIED 8. Correspondence a) Email from the Ministry of Natural Resources Re: Conservation Authority Act Governance Update The Ministry of Natural Resources and Forestry (MNRF) has been designated, by the Ministry of the Environment, Conservation and Parks (MECP), as the Ministry responsible for administering the Conservation Authorities Act. MECP will support MNRF during the transition. A-78/22 Moved by P. Ypma Seconded by D. Beres THAT the correspondence outlined in the Board of Directors Agenda of September 7, 2022 be received as information. CARRIED 9. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 42 applications were approved in the past two months. LPRCA-144/22, LPRCA-145/22, LPRCA-147/22, LPRCA-148/22, LPRCA-150/22, LPRCA-151/22, LPRCA-152/22, LPRCA-153/22, LPRCA-154/22, LPRCA-155/22, LPRCA-171/21/Revised, LPRCA-156/22, LPRCA-157/22, LPRCA- 158/22, LPRCA-159/22, LPRCA-160/22, LPRCA-161/22, LPRCA-162/22, LPRCA- 163/22, LPRCA-164/22, LPRCA-165/22, LPRCA-166/22, LPRCA-167/22, LPRCA- 168/22, LPRCA-169/22, LPRCA-170/22, LPRCA-171/22, LPRCA-172/22, LPRCA- 173/22, LPRCA-174/22, LPRCA-175/22, LPRCA-176/22, LPRCA-177/22, LPRCA- 178/22, LPRCA-179/22, LPRCA-180/22, LPRCA-181/22, LPRCA-182/22, LPRCA- 184/22, LPRCA-185/22, LPRCA-186/22, and LPRCA-187/22. All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. Page 328 of 342 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 - A-79/22 Moved by M. Columbus Seconded by I. Rabbitts THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated September 7, 2022 as information. CARRIED 10. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. LPRCA hosted fishing derbies at Backus and Deer Creek. Deer Creek celebrated the 25th Anniversary of the Bob Izumi's Kids & Cops Fishing Derby. Both events were deemed a success as there were 137 participants at Backus and 133 at Deer Creek. The Leighton and Betty Brown Scholarship Awards were presented after the Lee Brown Marsh Management Committee Meeting on August 16. Ali Flinsenberg and Fred Wernaart were each awarded a $1,000 scholarship. Planning staff reviewed 185 permit applications and provided comments to municipal staff on 107 Planning Act applications. Spriet Associates Ltd. completed the technical drawings and issued an invitation for tender to upgrade the entrance and two washrooms at the Backus Education Centre to meet accessibility standards. Funded by the Enabling Accessibility fund, the tender for the construction contract was awarded to PK Construction. The project is expected to begin at the end of September to be completed by the end of November 2022. Kim Gavine, General Manager, Conservation Ontario has retired and her successor, Angela Coleman, CAO, South Nation Conservation Authority, will assume the General Manager position on September 19, 2022. A-80/22 Moved by T. Masschaele Seconded by D. Beres That the LPRCA Board of Directors receives the General Manager’s Update for July and August 2022 as information. CARRIED b) 2022 Latornell Conservation Symposium This year’s Latornell Conservation Symposium will be hosted at the Royal Botanical Gardens (RBG) in Burlington on October 17-18. Page 329 of 342 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 - A-81/22 Moved by Valerie Donnell Seconded by Dave Beres THAT the LPRCA Board of Directors approves the attendance of the General Manager, Robert Chambers, and Peter Ypma for the 2022 Latornell Conference. CARRIED c) 2nd Quarter Financial Report Revenues to June 30, 2022 represent 62.4% of the annual budget and expenditures 44.3%. The Forestry revenue to June 30 is $195,075 and is expected to exceed the 2022 budget of $300,000. Seasonal camping revenues have exceeded the budget by 3%. There are currently 432 registered seasonal campers, exceeding the budget projection of 415. The camping surplus at June 30, is $907,797. A-82/22 Moved by T. Masschaele Seconded by R. Chambers THAT the LPRCA Board of Directors receives the Q2 Financial Report – June 30, 2022 for the period up to and including June 30th, 2022 as information. CARRIED d) Watershed Conditions Update Overall, the summer has been quite dry, with very little rain in July and a below average amount in August. The long-term forecast issued in July is calling for above normal temperatures and below normal precipitation through September and October. The Low Water Response Team was reactivated this summer but the water levels stabilized and no notices were issued. The Lake Erie water level declined significantly, but it is still above the normal average and there still exists a risk of storm-surge flooding. As the water levels continue to decline, the risk of storm-surge flooding will decline but the potential for flooding will remain. Staff will continue to monitor conditions and provide flood messaging as required. Page 330 of 342 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 - A-83/22 Moved by I. Rabbitts Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Watershed Conditions Update report as information. CARRIED Adjournment The Chair adjourned the meeting at 7:45 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 331 of 342 LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of October 5, 2022 Approved November 2, 2022 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 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Ian Rabbitts Norfolk County Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Stewart Patterson Haldimand County Peter Ypma Township of South-West Oxford Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Lorrie Minshall, Interim Manager, Watershed Services Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, October 5, 2022. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Minutes of the Previous Meeting a) Board of Directors Meeting of September 7, 2022 There were no questions or comments. Page 332 of 342 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 - A-84/22 Moved by I. Rabbitts Seconded by V. Donnell THAT the minutes of the LPRCA Board of Directors Meeting held September 7, 2022 be approved as circulated. CARRIED 5. Business Arising There was no business arising from the previous minutes. 6. Review of Committee Minutes a) Backus Museum Committee Meeting of June 21, 2022 There were no questions or comments. A-85/22 Moved by D. Beres Seconded by T. Masschaele THAT the minutes of the Backus Museum Committee Meeting of June 21, 2022 be approved as circulated. CARRIED 7. Correspondence a) Email from the Ministry of Environment, Conservation and Parks Re: New Requirements under the Conservation Authorities Act: Training for CAs and Municipalities Webinars for Municipal Partners and CA staff are scheduled to provide training for the new requirements. A-86/22 Moved by M. Columbus Seconded by V. Donnell THAT the correspondence outlined in the Board of Directors Agenda of October 5, 2022 be received as information. CARRIED Page 333 of 342 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 - 8. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 15 applications were approved in the past month. LPRCA-190/22, LPRCA-191/22, LPRCA-192/22, LPRCA-193/22, LPRCA-194/22, LPRCA-195/22, LPRCA-196/22, LPRCA-199/22, LPRCA-200/22, LPRCA-201/22, LPRCA-202/22, LPRCA-203/22, LPRCA-204/22, LPRCA-205/22, and LPRCA-207/22 All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-87/22 Moved by I. Rabbitts Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated October 5, 2022 as information. CARRIED 9. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The GM and the Manager of Corporate Services met with staff of Campfire Circle (formerly Camp Trillium) to tour the facilities and discuss a future capital upgrades plan. The Director of Campfire Circle requested a discussion, in the near future, to review the current lease. Staff recently applied for federal funding to continue to upgrade the flood hazard mapping to include better flood hydrology. The board will consider approving matching funds if the application is successful. The Forestry department recently hosted a tour for a Forest Stewardship Council (FSC) working group. Staff and research partners were in attendance to highlight various work being conducted within three LPRCA forest tracts. Page 334 of 342 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 - A-88/22 Moved by M. Columbus Seconded by D. Beres That the LPRCA Board of Directors receives the General Manager’s Update for September 2022 as information. CARRIED b) Inventory of Programs and Services – October 1, 2022 Progress Report As required under Ontario Regulation 687/21 and as part of the Transition Plan, staff completed and submitted the compliance reports by the October 1 deadline. The updated Inventory of Programs and Services is posted on the LPRCA website. No formal comments have been received from the municipalities regarding the Inventory of Programs and Services to date. Norfolk County and Oxford County have appointed a municipal representative and there has been an initial meeting with Norfolk County staff. Meetings will be scheduled with all of the municipalities in the coming months. A-89/22 Moved by Valerie Donnell Seconded by Tom Masschaele THAT the LPRCA Board of Directors receives the October 1, 2022 Progress Report and Updated Inventory of Programs and Services as information. CARRIED c) 2023 Meeting Schedule The 2023 meeting schedule was presented earlier than usual to accommodate our municipal partners in light of the upcoming election. The first meeting of the New Year is scheduled for January 11, 2023 to include the final budget approval and the election of officers. A new member orientation will be held January 6, 2023 beginning at 9:30 a.m. A-90/22 Moved by I. Rabbitts Seconded by D. Beres THAT the LPRCA Board of Directors approves the Updated 2022 Meeting Schedule and the Proposed 2023 Meeting Schedule as presented. CARRIED Page 335 of 342 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 closed session began at 7:25 p.m. 10. Closed Session A-91/22 Moved by V. Donnell Seconded by R. Chambers THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Labour relations or employee negotiations (Pay Equity & Compensation Review) CARRIED The board reconvened in open session at 7:24 p.m. A-92/22 Moved by I. Rabbitts Seconded by D. Beres THAT the LPRCA Board of Directors approves the implementation of the Proposed 2022 Pay Grid as presented in the report from Ward & Uptigrove Human Resources Solutions; AND, THAT the LPRCA Board implements the Proposed 2022 Pay Grid effective July 1, 2022. CARRIED Adjournment The Chair adjourned the meeting at 7:25 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 336 of 342 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2022-068 A BY-LAW to amend By-Law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. WHEREAS Section 204 of The Municipal Act, R.S.O, 1970, grants authority to Council to pass a by-law to designate an improvement area and to establish a Board of Management therefor, to oversee the improvement, beautification and maintenance of municipally owned lands, buildings and structures in the area, beyond such improvements, beautification and maintenance as is provided at the expense of the municipality at large, and the promotion of the area as a business or shopping area; WHEREAS The Town of Tillsonburg is desirous to amend the composition of the Board to include an individual appointed by a Corporation that is the owner or tenant of commercial or industrial property within the Business Improvement Area. THEREFORE the Council of the Town of Tillsonburg enacts as follows: THAT Clause number 3 of By-Law 2013, as amended shall be removed and replaced with the following section: “The Board established under Clause 2 hereof is a Body Corporate and shall consist of such number of members appointed by Council as the Council considers advisable, at least one of whom shall be a member of Council and the remaining members shall be persons qualified to be elected as members of Council or an individual appointed by a Corporation that is the owner or tenant of commercial or industrial property within the Business Improvement Area and who are assessed for business assessment in respect to lands within the defined area.” THAT this by-law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 14th DAY OF NOVEMBER, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MOVEMBER, 2022. _____________________________ Mayor – Stephen Molnar ______________________________ Acting Clerk – Donna Wilson Page 337 of 342 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2022-075 A BY-LAW to Close a Portion of a Municipal Road Allowance known as Alley between Nelson Street and Charles Street being Part of Lot 9, Plan 500, particularly described as Part 1 and Part 2 on reference Plan 41R-10184, and to declare those lands surplus to the needs of the Town of Tillsonburg. WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, C. 25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to Section 34 of The Municipal Act, 2001 S.O. 2001, C 25, The Corporation of the Town of Tillsonburg is closing a portion of a road allowance particularly described as Part of Lot 9, Plan 500, designated as Part 1 and Part 2 on Reference Plan 41R-10184, being a portion of the Alley laying between Nelson Street and Charles Street, in the Town of Tillsonburg, County of Oxford and declaring that those lands should be declared surplus to the Town of Tillsonburg. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Part of the Alley lying between Nelson Street and Charles Street, particularly described as Part of Lot 9, Plan 500, designated as Part 1 and Part 2 on Reference Plan 41R-10184, in the Town of Tillsonburg, County of Oxford, as indicated on Schedule “A” attached, is hereby closed. 2. THAT particularly described as Part of Lot 9, Plan 500, designated as Part 1 and Part 2 on Reference Plan 41R-10184, in the Town of Tillsonburg, County of Oxford be hereby declared surplus to the Town of Tillsonburg. 3. THAT This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 21ST DAY OF NOVEMBER, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 21ST DAY OF NOVEMBER, 2022. ________________________________ Mayor – Stephen Molnar ________________________________ Acting Clerk – Donna Wilson Page 338 of 342 Schedule A - By-law 2022-075Page 339 of 342 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2022-076 A BY-LAW to Close a Portion of a Municipal Road Allowance known as an Alley between 6 and 8 John Street being Plan 500, particularly described as Part 1 on reference Plan 41R-10350, and to declare those lands surplus to the needs of the Town of Tillsonburg. WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, C. 25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to Section 34 of The Municipal Act, 2001 S.O. 2001, C 25, The Corporation of the Town of Tillsonburg is closing a portion of a road allowance particularly described as Plan 500, designated as Part 1 on Reference Plan 41R-10350, being a portion of the Alley laying between 6 John Street and 8 John Street, in the Town of Tillsonburg, County of Oxford and declaring that those lands should be declared surplus to the Town of Tillsonburg. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Part of the Alley lying between 6 John Street and 8 John Street, particularly described as Plan 500, designated as Part 1 on Reference Plan 41R-10350, in the Town of Tillsonburg, County of Oxford, as indicated on Schedule “A” attached, is hereby closed. 2. THAT particularly described as Plan 500, designated as Part 1 on Reference Plan 41R-10350, in the Town of Tillsonburg, County of Oxford be hereby declared surplus to the Town of Tillsonburg. 3. THAT This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 21ST DAY OF NOVEMBER, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 21ST DAY OF NOVEMBER, 2022. ________________________________ Mayor – Stephen Molnar ________________________________ Acting Clerk – Donna Wilson Page 340 of 342 By-Law 2022-076 Schedule A Page 341 of 342 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-066 A By-Law to confirm the proceedings of Council at its meeting held on November 14, 2022. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on November 14, 2022, 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. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 14TH DAY OF NOVEMBER, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 14TH DAY OF NOVEMBER, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ ACTING CLERK – Donna Wilson Page 342 of 342