240226 Council AgendaThe Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, February 26, 2024
5:00 PM
LPRCA
4 Elm St
Tillsonburg
1.Call to Order
2.Closed Session (5:00 p.m.)
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council move into Closed Session to consider the following:
2.1 CAO Annual Performance Review
239 (2) (b) personal matters about an identifiable individual, including municipal or local
board employees;
2.2 CLD-EDM-24-003 - Project Big Swing - Waiving of Conditions
239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or
local board;
239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if disclosed,
could reasonably be expected to prejudice significantly the competitive position or interfere
significantly with the contractual or other negotiations of a person, group of persons, or
organization;
239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations
carried on or to be carried on by or on behalf of the municipality or local board.
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Minutes
2.4 Reports
2.4.1 CAO Annual Performance Evaluation
239 (2) (b) personal matters about an identifiable individual, including
municipal or local board employees;
2.4.2 CLD-EDM-24-003 - Project Big Swing - Waiving of Conditions
239 (2) (c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
239 (2) (i) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the municipality or
local board, which, if disclosed, could reasonably be expected to prejudice
significantly the competitive position or interfere significantly with the
contractual or other negotiations of a person, group of persons, or
organization;
239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to
any negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
2.5 Back to Open Session
3.Moment of Silence
4.Adoption of Agenda (6:00 p.m.)
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council meeting of February 26, 2024, be approved.
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the Council Meeting Minutes dated February 12, 2024, be approved.
Page 2 of 175
7.Presentations
8.Public Meetings
8.1 EDM-24-006 - Revised Community Improvement Plan
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report EDM 24-004 titled Revised Community Improvement Plan be
received; and,
A.
THAT the revised Community Improvement Plan be approved subject to any
final revisions/additions to be considered at the Public Meeting; and,
B.
That a bylaw be brought forward for consideration.C.
8.2 A07-23 - Application for Minor Variance (2,4 and 6 Greenhill Drive)
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council move into the Committee of Adjustment to hear an application for
Minor Variance at ____ p.m.
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approve Application File A07-23, submitted by
2407774 Ontario Limited for lands described as Lot 18 Plan 41M-395 in the Town of
Tillsonburg as it relates to:
1. Relief from Section 8.6.22.2.2 – Exterior Side Yard, Minimum Width, to
reduce the minimum required side yard width from 4.5 m (14.8 ft) to 2.8 m (9.2
ft);
2. Relief from Section 8.6.22.2.4 – Rear Yard, Minimum Depth, to reduce the
minimum required rear yard depth from 6.0 m (19.7 ft) to 4.9 m (16.1 ft);
3. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table
5.37.1 - Permitted Projections into Required Yards – to reduce the minimum
required exterior side yard setback for a covered deck from 3.0 m (9.8 ft) to 1.3
m (4.3 ft);
4. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table
5.37.1 - Permitted Projections into Required Yards – to reduce the minimum
Page 3 of 175
required rear side yard setback for a covered deck from 7.5 m (24.6 ft) to 3.8 m
(12.5 ft).
Subject to the following conditions:
i. A building permit for the proposed dwelling shall be issued within one year of
the date of the Committee's decision.
ii. That the proposed relief shall only apply to the construction of a three-unit
townhouse dwelling and covered decks of the general size and location as
illustrated on Plate 4 of Report CP 2024-32.
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council move out of Committee of Adjustment and move back into regular
Council session at ____ p.m.
9.Planning Reports
10.Delegations
11.Deputation(s) on Committee Reports
12.Information Items
13.Staff Reports
13.1 Chief Administrative Officer
13.2 Corporate Services
13.3 Economic Development
13.3.1 EDM-24-003 - Community Improvement Plan Application – 150 Vienna
Road Property
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives report titled EDM 24-003 Community
Improvement Plan Application – 150 Vienna Road Property;
A.
That 150 Vienna Road property be approved for:B.
An Accessibility Renovation Grant in matching funds to a
maximum contribution of $3,000;
a.
A 100% rebate of the building permit fees; and, b.
Page 4 of 175
The Tax Increment Grant Back Program of the Community
Improvement Plan, related to enhancements of the property,
at the Strategic Level, which offers the following growth
related rebates:Years 1 to 6 - 100% rebate of the incremental
tax increaseYear 7 - 80% rebateYear 8 - 60% rebateYear 9 -
40% rebateYear 10 - 20% rebatewith full property taxes being
payable in year 11.
c.
13.3.2 EDM-24-007 - Surplus Unopened Right-of-Way Lands South of Wood
Haven Drive - Multiple Offers to Purchase
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report EDM 24-007 Surplus Unopened Right-of-Way Lands
South of Wood Haven Drive – Multiple Offers to Purchase be
received; and
A.
THAT by-laws be brought forward authorizing the Mayor and Clerk
to enter into the following Agreement of Purchase and Sales and
to execute any documents required to effect the transfer of seven
portions of former Right-of-Way lands;
B.
Kenneth Agnew and Kimberly Agnew (Lot 16) for lands
described as Parts 2 and 3, Plan 41R-10605;
a.
Harry Ostrander and Elizabeth Ostrander (Lot 15) for lands
described as Parts 5 and 6, Plan 41R-10605;
b.
Timothy Hodgkinson and Deborah Hodgkinson (Lot 14) for
lands described as Parts 8 and 9, Plan 41R-10605;
c.
Dale Lee and Judith Lee (Lot 12) for lands described as Parts
14 and 15, Plan 41R-10605;
d.
Jason Freeman and Charlene Freeman (Lot 11) for lands
described as Parts 17 and 18, Plan 41R-10605;
e.
Jay Jackson and Lynn Jackson (Lots 33 and 34) for lands
described as Part 22, Plan 41R-10605;
f.
Linda Carpani (Lot 35) for lands described as Part 23, Plan
41R-10605; and,
g.
That the bylaws include authorization for the Town of Tillsonburg
to take possession of 1 foot by 1 foot blocks of land along the
frontage of the lots along Wood Haven Drive and Ridge Boulevard
for the purpose of deeming “a lot not to be a lot” under the
Planning Act, thereby enabling the parts being acquired by the
property owners to merge with their existing lands and to create a
new contiguous parcel of land for each of the properties, and as
follows:
C.
Part 1 on Lot 16a.
Page 5 of 175
Part 4 on Lot 15b.
Part 7 on Lot 14c.
Part 13 on Lot 12d.
Part 16 on Lot 11e.
Parts 19 and 20 on Lots 33 and 34, Ridge Boulevardf.
Part 21 on Lot 35, Ridge Boulevard.g.
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations and Development
13.7 Recreation, Culture and Parks
13.7.1 RCP-24-009 - Lake Lisgar Waterpark 2024 Operations
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report titled RCP 24-009 Lake Lisgar Waterpark 2024
Operations be received as information; and
A.
THAT the Town of Tillsonburg supports the amended hours for
Lake Lisgar Waterpark for the 2024 season as outlined in the
report in order to provide aquatic program offerings such as
swimming lessons and water fitness while the indoor pool is closed
for renovations.
B.
13.7.2 RCP-24-012 - Pickleball and Tennis Court RFP
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report titled RCP 24-012 Pickleball and Tennis Court RFP
be received as information; and
A.
THAT Court Surface Specialists be awarded the tender for a total
of $296,705 + HST, inclusive of:
B.
$200,500.00 +HST for the design, supply and install of 3
pickleball courts; and
i.
$ 96,205.00 +HST for the resurfacing of 3 tennis courtsii.
13.7.3 RCP-24-014 - Lake Lisgar Canteen Project Update
Page 6 of 175
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report titled RCP 24-014 Lake Lisgar Canteen Renovation
Budget Update be received as information; and
A.
THAT the budget overage of $49,674 + HST for capital project 698
LLWP Canteen Reno be hereby approved and be funded from the
Facilities Reserve; and
B.
THAT the LLWP Canteen Reno project construction project be
awarded to PK Construction for $231,474 + HST.
C.
13.7.4 RCP-24-015 - TCC Renovation Update
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report RCP 24-015 titled TCC Renovation Update be received as
information.
14.New Business
15.Consideration of Minutes
15.1 Advisory Committee Minutes
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the following Advisory Committee minutes be received as information:
Youth Advisory Committee Meeting Minutes dated February 7, 2024 •
Traffic Advisory Committee Meeting Minutes dated February 15, 2024 •
16.Motions/Notice of Motions
16.1 Councillor Parker - Grants Policy
*Final wording may be adjusted at the time of the meeting
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: ________________
THAT staff be directed to bring to Council a grant policy to their 2024 Business Plan
which includes community grant applications and in-kind donations with a report to
Page 7 of 175
Council for consideration prior to the commencement of the 2025 Budget
deliberations.
17.Resolutions/Resolutions Resulting from Closed Session
18.By-Laws
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the following By-Laws be read for a first, second and 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.
18.1 By-Law 2024-018 A BY-LAW to amend By-Law 2023-017 to Appoint Directors to the
Board of Management of the Tillsonburg Business Improvement Area (BIA)
Established by The Corporation of the Town of Tillsonburg.
18.2 By-Law 2024-019 A BY-LAW to amend By-Law 4255, A By-Law to control noise in
the Town of Tillsonburg
18.3 By-Law 2024-020 A BY-LAW to close the Unopened Right-of-Way, known as a
Road Allowance south of Ridge Boulevard and Wood Haven Drive and deem lands
surplus to needs of the Town
19.Confirm Proceedings By-law
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT By-Law 2024-021, A By-Law to Confirm the Proceedings of the Council Meeting held
on February 26, 2024, be read for a first, second, third and final reading and that the Mayor
and the Clerk be and are hereby authorized to sign the same, and place the corporate seal
thereunto.
20.Items of Public Interest
21.Adjournment
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the Council meeting of February 26, 2024, be adjourned at _____ p.m.
Page 8 of 175
1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, February 12, 2024
6:00 PM
LPRCA
4 Elm St
Tillsonburg
ATTENDANCE: Mayor Gilvesy (Chair)
Deputy Mayor Beres
Councillor Luciani
Councillor Parker
Councillor Parsons
Councillor Rosehart
Councillor Spencer
Staff: Kyle Pratt, Chief Administrative Officer
Johnathon Graham, Director of Operations & Development
Julie Columbus, Director of Recreations, Culture & Parks
Cephas Panschow, Development Commissioner
Renato Pullia, Director of Innovation and Strategic Initiatives and
Interim Director of Finance/Treasurer
Andrea Greenway, Recreation Program & Services Manager
Joanna Kurowski, Manager of Human Resources
Julie Ellis, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 6:02 p.m.
2. Closed Session
Page 9 of 175
2
3. Moment of Silence
4. Adoption of Agenda
Resolution # 2024-071
Moved By: Councillor Parsons
Seconded By: Councillor Parker
THAT with 2/3 majority, the rules of procedure be waived to add the following
agenda items:
14.2.1 Staff Report CS 24-019 BIA Appointment
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town
Tillsonburg Business Improvement Area
Carried
Resolution # 2024-072
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parsons
THAT the Agenda for the Council meeting of February 12, 2024, be approved
with the following amendment:
Item 14.1.2 be moved to be presented directly following Item 7.1
14.2.1 Staff Report CS 24-019 BIA Appointment
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town
Tillsonburg Business Improvement Area
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 2024-073
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
Page 10 of 175
3
THAT the Special Council Meeting minutes dated January 29, 2024 and the
Council meeting minutes dated February 5, 2024, be approved and the Council
Meeting minutes dated January 23, 2024 be approved, as amended.
Carried
7. Presentations
7.1 Marianne Love, ML Consulting Re: Town of Tillsonburg 2023/2024
Management/Non-union Compensation Review
Marianne Love, ML Consulting, presented the Town of Tillsonburg
2023/2024 Management/Non-union Compensation Review and responded
to questions of Council.
Resolution # 2024-074
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the presentation from Marianne Love, ML Consulting Re: Town of
Tillsonburg 2023/2024 Management/Non-Union Compensation Review be
received as information.
Carried
14.1.2 CAO-24-005 - Management and Non Union Staff Market
Compensation Review
Resolution # 2024-075
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
A. THAT report titled “Management and Non Union Staff Market
Compensation Review” be received as information; and
B. THAT staff be directed to adopt the pay band based on the 65th
percentile of the defined pay market; and
C. THAT the Treasurer and Manager of Human Resources be
directed to implement the new pay band effective April 1, 2024.
Carried
8. Public Meetings
Page 11 of 175
4
9. Planning Reports
10. Delegations
11. Deputation(s) on Committee Reports
11.1 Economic Development Advisory Committee Resolution - Oversizing
of Municipal Services - EDM-24-005
Resolution # 2024-076
Moved By: Deputy Mayor Beres
Seconded By: Councillor Rosehart
A. THAT report titled “EDM 24-005 Economic Development Advisory
Committee Resolution – Oversizing of Municipal Services” be
received; and
B. THAT the recommendation of the Economic Development Advisory
Committee be supported by Council and that Oxford County be
requested to provide a rationale for sizing and oversizing of
municipal services in support of future growth;
C. THAT Oxford County be encouraged to consider entering into cost-
sharing agreements with developers for the oversizing of municipal
services where it is in the interest of the Town/County to do so.
Carried
12. Information Items
Resolution # 2024-077
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
THAT the following information items be received as information:
12.1 Correspondence from the Minister of Infrastructure Re: Housing
Enabling Water Systems Fund – Application Intake Launch
12.2 Correspondence from the Honourable Todd McCarthy, Minister of
Public and Business Service Delivery Re: ServiceOntario
12.3 Additional Residential Units (ARU's) Information & Open House
Page 12 of 175
5
12.4 Correspondence from Nadia Facca, President and Chief Executive
Officer, Tillsonburg District Memorial Hospital
12.5 Long Point Region Conservation Authority Minutes - January 3, 2024
12.6 Long Point Region Conservation Authority - Inventory of Programs
12.7 Correspondence from the Honourable Robert J. Flack - Associate
Minister of Municipal Affairs and Housing
Carried
13. Mayor Reports
13.1 2024 Rural Ontario Municipal Association (ROMA) Conference
Resolution # 2024-077
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT report titled ROMA 2024 be received as information.
Carried.
14. Staff Reports
14.1 Chief Administrative Officer
14.1.1 CAO-24-003 - Personnel Policy Update
Resolution # 2024-078
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
A. THAT report titled “Personnel Policy Update” be received as
information; and
B. THAT Council approves the updated Personnel Policy, as
presented on February 12, 2024, with an effective date of
January 1, 2024, including corresponding updated policies
HR-07, HR-08, HR-09 and HR-10; and
C. THAT a By-Law be brought forward to enact the Personnel
Policy.
Carried
Page 13 of 175
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14.2 Corporate Services
14.2.1 CS 24-019 BIA Appointments
Resolution # 2024-079
Moved By: Councillor Parsons
Seconded By: Councillor Spencer
A. THAT the report titled CS 2024-019 “BIA Appointments” be
received as information; and
B. THAT Carl Heuntinck, Holly Vallee and Allison Biggar be
appointed as directors to the Tillsonburg Downtown
Business Improvement Area (BIA); and
C. THAT a By-Law be brought forward brought forward to
amend By-Law 2023-017.
Carried
14.3 Economic Development
14.3.1 EDM-24-004 - Highway 3 Land Acquisition – Share Purchase
Agreement and Offer to Purchase
Resolution # 2024-080
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
A. THAT report titled EDM 24-004 Highway 3 Land Acquisition
– Share Purchase Agreement and Offer to Purchase be
received;
B. THAT the Share Purchase Agreement with Redling Farms
Ltd be approved and the Mayor and Clerk be authorized to
execute all documents required to effect the acquisition of
this corporation;
C. That the Offer to Purchaser from Edwin McLaughlin
Holdings (2014) Inc, as co-purchaser, be approved as
revised to reflect an additional upset limit, and the Mayor
and Clerk be authorized to execute all documents required
to effect the transfer of a portion of these lands; and,
Page 14 of 175
7
D. THAT By-laws to enter into a Share Purchase Agreement
with Redling Farms Ltd and to effect the Offer to Purchaser
from Edwin McLaughlin Holdings (2014) Inc, as well as
authorizing the Mayor and Clerk to execute any associated
documents for said transactions be presented to Council for
consideration.
Carried
14.4 Finance
14.4.1 FIN-24-008 - 2024 Draft Budget Summary and
Recommendations
Resolution # 2024-081
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
A. THAT Report # FIN 24-008 2024 Draft Budget Summary and
Recommendations Report be received as information; and
B. THAT the 2024 Operating Budget of $28,800,258 with a levy
of $17,676,194, and the 2024 Capital Budget of $22,972,600
with a levy of $3,082,500, being a combined budget amount
of $51,772,858 with $20,758,694 from taxation, be adopted;
and
C. THAT upon finalization of the County’s tax ratios and
discount factors, a By-Law be brought forward setting the
2024 Property Tax Rates.
Carried
14.4.2 Tax Rate Stabilization Fund
The following resolution was withdrawn by the mover:
Moved By: Councillor Parker
Seconded By: Councillor Luciani
A. THAT to an upset limit of $400,000 to meet the cost of living
percentage be moved from Tax Rate Stabilization Fund to
reduce the 2024 Tax Increase ; and
Page 15 of 175
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B. THAT the same dollar amount from the 2023 Budget Surplus
be used to re-fill the Tax Rate Stabilization Fund; and
C. THAT the 12 month average of 2023 CPI be used as that
number.
Resolution # 2024-081
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT the Tax Rate Stabilization Fund Information Memo be
received as information.
Carried
14.5 Fire and Emergency Services
14.6 Operations and Development
14.6.1 OPD 22-048 Hangar Land Lease Agreement Taxiway G1-2
Resolution # 2024-082
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
A. THAT Council receives Report OPD 22-48 Airport Hangar
Land Lease Taxiway G1 Lot #2 as information;
B. AND THAT a By-Law be prepared to
A. Terminate the Land Lease Agreement with 2664165
Ontario Ltd (Jeff Howe) for Taxiway G1 Lot #2; AND
B. THAT By-Law 19-4320 be repealed.
C. AND THAT the Mayor and CAO be authorized to enter into a
new Land Lease Agreement for Taxiway G1 Lot #2 with the
Tillsonburg Flying School (Don Huras) retroactively effective
from November 1st 2022.
Carried
14.6.2 OPD-24-010 RFP 2023-012 Tillsonburg Airport Land Lease
Resolution # 2024-083
Page 16 of 175
9
Moved By: Councillor Spencer
Seconded By: Deputy Mayor Beres
A. THAT report titled RFP 2023-012 – Lease of Agricultural
Land at the Tillsonburg Airport be received as information;
and
B. THAT Council award RFP 2023-012 – Lease of Agricultural
Land at the Tillsonburg Airport to Glencar Farms, at a sum of
$138,800 per annum for a three-year term;
C. AND THAT a By-law authorizing Mayor and Clerk to execute
the Agricultural Land Lease Agreement with Glencar Farms
be brought forward for Council consideration.
Carried
14.7 Recreation, Culture and Parks
15. New Business
16. Consideration of Minutes
16.1 Advisory Committee Minutes
17. Motions/Notice of Motions
17.1 Councillor Rosehart - Bert Newman Park
Resolution # 2024-084
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
WHEREAS at their July 17, 2023 meeting, Tillsonburg Town Council
passed a resolution to secure the gates of Bert Newman Park nightly due
to an increase of vandalism; and
WHEREAS, vandalism has decreased due to the winter weather; and
WHEREAS, use of the park by nearby residents is in high-demand; and
BE IT THEREFORE RESOLVED
THAT the gates of Bert Newman Park be unlocked so that the park can be
fully reopened to use by residents; and
Page 17 of 175
10
THAT the Director of Recreation, Culture and Parks be permitted to lock
and unlock the gates at their discretion if any further issues arise.
Carried
17.2 Councillor Spencer - Black Heritage Event
Resolution # 2024-085
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
WHEREAS Black Heritage Month is a nationally recognized event brought
into the House of Commons in 1995; and
WHEREAS the event is free event and open to all community members;
and
WHEREAS the event will be hosting speakers from Oxford County
Archives, curator of the Norwich and District Museum and Archives and
Oxford County Historians, sharing history, culture and heritage of
Tillsonburg and surrounding areas; and
WHEREAS the goal is to create and share culture and heritage, celebrate
neighbours networking with neighbours, and learning more about local
businesses and building connectivity; and
WHEREAS the Town of Tillsonburg supports the SAFE and Well Oxford
plan that acknowledges community-addressed advocacy for
implementation of community initiatives that deliver services that
acknowledge the expanse of human difference in Tillsonburg and Oxford
County, to create more inclusivity and celebrate diversity; and
WHEREAS, the Town has a Recreation, Culture and Parks department.
BE IT RESOLVED:
A. THAT the rental fee including taxes and insurance for the Black
Heritage Month event at the Tillsonburg Community Center
scheduled on February 25, 2024 in the amount of $490.39 be
allocated from the Tax Rate Stabilization Reserve; and
B. THAT the organizers of the Black Heritage Month event be
encouraged to apply for funding relief with the cultural grant
through the Town of Tillsonburg, Cultural, Heritage and Special
Awards Advisory Committee for subsequent events/years; and
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C. THAT Recreation, Culture and Parks staff provide a report to
Council in regards to a policy pertaining to waiving of total or partial
rental fees for open community events organized by non-profit or
not for profit organizations that enhance and celebrate culture in
the Town of Tillsonburg.
D. THAT staff be directed to bring to Council a grant policy to their
2024 Business Plan which includes community grant applications
and in-kind donations with a report to Council for consideration
prior to the commencement of the 2025 Budget deliberations.
Defeated
17.3 Councillor Parker - Grant Policy
The following motion will be presented at the next meeting:
Moved by: Councillor Parker
Seconded by: __________________
THAT staff be directed to bring to Council a grant policy to their 2024
Business Plan which includes community grant applications and in-kind
donations with a report to Council for consideration prior to the
commencement of the 2025 Budget deliberations.
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
Resolution # 2024-086
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT the following By-Laws be read for a first, second and third and final
reading and that the Mayor and the Clerk be and are hereby authorized to sign
the same, and place the corporate seal thereunto.
19.1 By-Law 2024-011 A BY-LAW to Authorize a Share Purchase
Agreement with Redling Farms Ltd.
19.2 By-Law 2024-012 A By-Law to authorize an Offer to Purchase from
Edwin McLaughlin Holdings (2014) Inc., as co-purchaser.
19.3 By-Law 2024-013 A By-Law to Authorize a Personnel Policy
Page 19 of 175
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19.4 By-Law 2024-014 A By-Law to enter into an airport hangar land lease
agreement with Tillsonburg Flying School (Don Huras) for Taxiway
G1-2, and to repeal By-Law 4320.
19.5 By-Law 2024-015 A By-Law to authorize a land lease agreement
between the Town of Tillsonburg and Glencar Farms for agricultural
purposes
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town
Tillsonburg Business Improvement Area
Carried
20. Confirm Proceedings By-law
Resolution # 2024-087
Moved By: Councillor Parker
Seconded By: Councillor Parsons
THAT By-Law 2024-016 A By-Law to Confirm the Proceedings of the Council
Meeting held on February 12, 2024, be read for a first, second, third and final
reading and that the Mayor and the Clerk be and are hereby authorized to sign
the same, and place the corporate seal thereunto.
Carried
21. Items of Public Interest
22. Adjournment
Resolution # 2024-088
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT the Council meeting of February 12, 2024, be adjourned at 7:56 p.m.
Carried
Page 20 of 175
Page 1 of 4
Subject: Revised Community Improvement Plan
Report Number: EDM 24-004
Department: Economic Development Department
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT report EDM 24-004 titled Revised Community Improvement Plan be
received; and,
B. THAT the revised Community Improvement Plan be approved subject to any
final revisions/additions to be considered at the Public Meeting; and,
C. That a bylaw be brought forward for consideration.
BACKGROUND
Over the years, the Town’s Community Improvement Plan has been utilized to support
investment in strategic projects throughout the community, including, most significantly,
Tillsonburg’s growing Food Processing sector and various Downtown redevelopment
projects. With support from this program, a number of older industrial buildings have
been converted to state-of-the-art Food Processing facilities and a number of new
residential buildings have been constructed in the downtown. As well, a number of
properties have received façade, building permit and accessibility improvement grants.
The current Community Improvement Plan (CIP) was approved by Town Council on
February 13, 2017 (Report CASPO 2017-30). On November 14, 2022 Town Council
received a draft Community Improvement Plan with support for various types of social
housing projects and passed the following resolution:
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.
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Page 2 of 4
The draft Community Improvement Plan was circulated to the Ministry of Municipal
Affairs and Housing with comments provided on July 17, 2023. Their comments noted
appreciation for the early circulation and that the draft CIP was consistent with the
Official Plan and the Community Strategic Plan. They also provided a number of other
comments and suggestions for consideration.
Since the initial draft was brought approved in principal on November 14, 2022, a
number of revisions in addition to support for social housing have been made including:
The introduction of a two year limit for works to be completed, after which the
approved funding expires;
Revisions to the Brownfield Redevelopment program to become a Contaminated
Property or Substandard Building Incentive Program;
The addition of a Commercial Building Interior Renovation Program; as well as,
A number of grammatical and text changes to enhance clarity and ease of use of
the program.
Town staff is seeking final approval from Town Council for the revised Community
Improvement Plan. Should additional comments be received up to and including the
Public Meeting on February 26, 2024, Council may consider including additional
changes in the final program, which will be brought back for bylaw consideration.
DISCUSSION
The detailed updates to the 2017 Community Improvement Plan program are as
follows:
Revisions to various sections (1.1, 1.2.4, 2.2, 2.3, 3.1, 3.9, Appendices II and III) to
reflect the ability to consider Affordable, Social and Market Rate (multi-unit) housing
outside of the Central Area and within the Town in the program;
Addition of “security enhancements” to Section 3.2 Façade Improvement Program;
Additional clarification regarding Council’s ability to adjust program parameters, first
year of program (sections 3.0, 3.1);
Reduction in number of residential units to be considered in the program (reduced to
4 units from 5) as noted in Appendix III (Incremental Tax Rebates for Downtown
Commercial and Multi-Residential (including Affordable or Social Housing) Projects);
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EDM 24-004
Page 3 of 4
Renamed the “Brownfield Redevelopment Incentive Program” to the “Contaminated
Property or Substandard Building Incentive Program” to enhance clarity and to enable
support for substandard buildings;
Addition of Section 3.10 Commercial Building Interior Renovation Program;
Other minor grammatical and verbiage changes to enhance clarity (sections 1.1, 1.2.3,
1.3, 3.0, 3.2, 3.3, 3.4 3.5, 3.7).
Since the creation of the Affordable and Attainable Housing Committee in 2021, the
need for all types of housing has become even more acute, yet the cost environment
has increasingly made housing projects unfeasible. Approving the proposed revisions
will enable the Town of Tillsonburg to provide support for projects that meet the Town’s
Community Strategic Plan goals and objectives, including more housing units, as well
as other needs that are arising in the community.
CONSULTATION
The Economic Development Advisory Committee reviewed the draft CIP at their
December 12, 2023 meeting and provided a number of suggestions that have been
considered or incorporated into the proposed plan.
A number of comments and suggestions collected over the years, including from the
Chief Building Official (2 year period to complete works), have also been incorporated in
the proposed plan. The Finance Department has provided important advice regarding
enhancements and clarity regarding the Incremental Tax Rebate Program.
The Ministry of Municipal Affairs has been consulted and their comments/suggestions
considered.
Notice of the revised CIP and the redlined version was circulated to Town Council, the
Town’s Senior Leadership Team, the Economic Development Advisory Committee, the
Tillsonburg District Chamber of Commerce, the Downtown Tillsonburg Business
Improvement Association, and Oxford County Planning on February 1, 2024.
The Public Meeting Notice was published on the Town’s website on February 5, 2024
with a main page banner added on February 6, 2024. Notice was also published in the
Tillsonburg News on February 8, 15, and 22.
The Tillsonburg District Chamber of Commerce circulated the Notice to their
membership on February 14, 2024.
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FINANCIAL IMPACT/FUNDING SOURCE
There is no financial impact related to this report. If approved, all applications would be
subject to further review and approval by Town Council with a source of funding being
brought forward at that time.
However, the approved 2024 Economic Development & Marketing budget includes
$60,000 in Community Improvement Plan funding, which is an increase of $40,000 from
previous years with the reason being the increase in the number of investment projects
in the Town, the increase in the size of these projects, and the increase in the number
of applications being received as well as the revised programs within the CIP, which are
anticipated to be well received in the community.
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
ATTACHMENTS
1. Public Meeting Notice Pursuant to the Planning Act
2. Revised Community Improvement Plan-Redline Comparison to Current Plan
(2017)
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P U B L I C N O T I C E
pursuant to Sections 17(15(d)) and 28(4) of the Planning Act, R.S.O. 1990, as amended
COMMUNITY IMPROVEMENT PLAN
TOWN OF TILLSONBURG
10 Lisgar Ave, Tillsonburg, ON N4G 5A5 Telephone: (519) 688-5651
DATE: February 26, 2024
FILE: Town of Tillsonburg Community Improvement Plan
Purpose and Effect of the Proposed Community Improvement Plan
The Town of Tillsonburg has initiated an update to the 2017 Community Improvement Plan program as
follows:
Revisions to various sections (1.1, 1.2.4, 2.2, 2.3, 3.1, 3.9, Appendices II and III) to reflect the ability to
consider Affordable, Social and Market Rate (multi-unit) housing outside of the Central Area and within the
Town in the program;
Addition of “security enhancements” to Section 3.2 Façade Improvement Program;
Additional clarification regarding Council’s ability to adjust program parameters, first year of program
(sections 3.0, 3.1);
Reduction in number of residential units to be considered in the program (reduced to 4 units from 5) as
noted in Appendix III (Incremental Tax Rebates for Downtown Commercial and Multi-Residential
(including Affordable or Social Housing) Projects);
Rename the “Brownfield Redevelopment Incentive Program” to the “Contaminated Property or
Substandard Building Incentive Program” to enhance clarity and to enable support for substandard
buildings;
Addition of Section 3.10 Commercial Building Interior Renovation Program;
Other minor grammatical and verbiage changes to enhance clarity (sections 1.1, 1.2.3, 1.3, 3.0, 3.2, 3.3,
3.4 3.5, 3.7).
Public Meeting
The Council of the Town of Tillsonburg will hold a formal public meeting under Sections 17(15(d)) and 28(4) of
the Planning Act to consider the proposed Community Improvement Plan on:
Date: Monday, February 26, 2024
Time: 6:00 p.m.
Place: Town Council Chambers, 4 Elm St (LPRCA Building), Tillsonburg
You are invited to attend the public meeting and we would welcome your comments or suggestions either in
writing or presented in person at the meeting.
Please be advised that Council, at the public meeting may approve, modify or refuse to enact the proposed
plan. If you do not attend or are not represented at the meeting, Council may proceed and may not advise you
of any proposed modifications. If the amendment to the Community Improvement Plan is approved, notice of
passing will be mailed or published in a local newspaper.
Additional information relating to the proposed Community Improvement Plan amendment will be available for
inspection between 8:30 and 4:30 p.m., Monday to Friday, at the Town of Tillsonburg Customer Service
Centre or the County of Oxford Community and Strategic Planning Office at 21 Reeve Street, Woodstock.
If you have any questions regarding the proposed changes to the Community Improvement Plan or would like
to provide written comments, please contact:
Cephas Panschow
Development Commissioner
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg, ON N4G 5A5
519.688.5651
cpanschow@tillsonburg.ca
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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, as well as the creation of affordable housing, as 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 developments 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
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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 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 2020 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);
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Opportunities for economic development, maintaining and enhancing the vitality and viability of the downtown and mainstreetsmain streets and encouraging a sense of place by conserving features that help define culture (Section 1.7.1);
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 10-Year Shelter Plan and Master Housing Strategy The County of Oxford adopted a 10-year Shelter Plan in 2014 for the purpose of providing a vision of how housing services and supports should be delivered to meet the diverse needs of the community. As required by the Ministry of Municipal Affairs and Housing (MMAH), a five-year review of the Plan took place in 2019, highlighting a number of projected outcomes and strategies into 2024, including the preservation and optimization of existing housing stock and an increase in the affordable rental housing supply. In light of rising rental and housing costs, and the growing wait-list for community housing, affordable housing was further identified as a top priority item in the 2022 County Budget Survey. While the creation of affordable housing is central to the County’s 10-Year Shelter Plan, based on significant changes in the housing market, there was a need to consider a Master Housing Strategy (MHS) to support the implementation of additional housing options. Through the completion of the MHS, it was determined that a lack of housing supply is leading to less affordability and more demand on rental housing. In light of this, the MHS was developed in an effort to provide a variety of strategies and initiatives to assist in addressing the current housing supply shortage. Of note, the Strategy included the consideration of
incentives to further promote more affordable housing options throughout the County. In following development of this strategy, County Council further authorized their staff to review the CIP with the intent of formally exempting affordable housing projects from County planning application fees and encouraging Area Municipalities to consider similar incentives with respect to Affordable Housing. 1.2.41.2.5 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,
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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
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
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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.
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:
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• 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 rehabilitation 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.
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 the 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;
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• 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 consolidated Town-wide CIP was approved in 2017. Subsequently, it was determined in 2022 that an update to the CIP to reflect housing needs was required. 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. 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 promotesupport 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.
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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. The goals of the CIP are consistent with the policies of the County Official Plan and compliment the directives of the County’s 10-Year Shelter Plan and the Master Housing Strategy. 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; and
increasecreation of affordable housing for low and moderate income households by assisting to minimize the barriers and costs associated with the development process;
further promote and encourage the development of affordable housing;
use existing services and infrastructure more effectively;
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, AS PROVIDED BY THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING. FOR THE PURPOSES OF THIS PLAN, THE DEFINITION FOR THESE
CATEGORIES OF HOUSING WILL BE AS DEFINED IN THE CURRENT VERSION OF THE COUNTY OF OXFORD’S MUNICIPAL HOUSING FACILITIES BY-LAW. 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.
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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. who may also adjust rebate amounts in accordance with available funds and Community Strategic Plan objectives. 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:
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;
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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;
All construction should be completed within two (2) years of the application being approved or following the issuance of a building permit, whichever is later, as determined by the Town in its sole and absolute discretion, acting reasonably. Failing which, the approved funding, either all or in part, shall be cancelled.
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.
Unused funds from a particular program may to be transferred to reserve for CIP use in future years at the discretion of Town Council.
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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 applicable. For additional clarity, the only residential properties outside of the Central Area that may be considered under this program are multi-residential projects, non-profit owned rental or ownership projects, or affordable housing projects subject to an appropriate. funding agreement with the County, or Additional Residential Unit developments that meet one or more Town housing objectives (as outlined in the Community Strategic Plan). 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 pre-project assessment shall be set as the initial value in the new tax class. The pre-project municipal property taxes will be calculated by taking the pre-project assessment
multiplied by the current year tax rate of the applicable property class. The first year of the program shall generally be the first full tax year after completion of the project and following the issuance of the occupancy permit. For clarity, the specific calculation used in determining the annual grant amount shall be: Annual Grant = (Post-project Municipal Property Taxes – (Pre-project Assessment * Current Year Municipal Tax Rate)) * Increment Tax Rebate Percentage. 3.2 FAÇADE IMPROVEMENT GRANTPROGRAM 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
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repairs to façades, including signage, lighting and security enhancements, entrances and display windows. Interior work will is 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 GRANTPROGRAM This program is intended to provide a loan or grant to property owners in the Central Area to assist with non-street front façade improvements to be consistent with the Central Area Design 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 or other design guidelines as may be approved from time to time. 3.4 ACCESSIBILITY RENOVATION GRANTPROGRAM This program is intended to provide a grant to improve accessibility to and of 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, and accessibility 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 spaces in the Town. 3.5 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. 3.6 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.
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3.7 LEGAL AND REGISTRATION COSTS In order to provide additional motivation for those landowners assessingaccessing the CIP programs, the Town willmay assume a portion of the legal costs and costs associated with registration of agreements for all of the above listed programs. 3.8 BROWNFIELD REDEVELOPMENT3.8 CONTAMINATED PROPERTY OR SUBSTANDARD BUILDING INCENTIVE PROGRAM This program is intended to stimulate private sector investment in the reuse and redevelopment of brownfieldsuspected contaminated sites or Substandard Buildings and partially offset the costs associated with the site/building assessment and remediation. Incentives offered by the Town could include a grant equivalent to 50% of the cost of a environmental or building hazard study including 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. 3.9 HOUSING PROJECT Incentive Program 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. non-profit owned, Habitat for Humanity). Financial support should be accompanied by a legal and binding commitment by the project owner/manager in terms of providing these non-market housing units, or by way of a municipal housing facilities agreement with the County. In general, commitments should be longer term in nature and demonstrate benefits that exceed the support provided. In addition, Oxford County currently offers an Affordable Housing Incentive Program. This Program will provide a waiver for the costs of applicable County planning application fees,
including Condominium, Official Plan Amendment and Consent, as set out in the County’s Fees and Charges By-Law.. The County of Oxford is strongly committed to working with the Town to cooperatively and effectively address housing needs. The County CIP and the Town’s CIP works together to address common housing goals in a partnership beneficial to both levels of government, with the understanding that varying incentives can be provided at each level. To complement the County’s Affordable Housing Incentive Program, and provide further incentives for affordable housing, the Town of Tillsonburg will offer eligible housing projects with a waiver from Town planning application fees. The waiver will not include any deposits required to cover the costs of peer reviews in relation to studies submitted in support of a planning application. In order to qualify for the Housing Project Incentive Program, the eligible housing project must be located within the Town limits, and generally meet one or both of the following criteria:
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• An affordable rental housing project that is subject to a Municipal Housing Facilities Agreement with the County, pursuant to Section 110(1) of the Municipal Act and County By-law 4664-2006, as amended, including appropriate securities, to ensure the property is developed and maintained, either primarily or partially, as affordable rental housing for a specified term.
• An affordable ownership housing project that is developed by Habitat for Humanity, or a similar non-profit organization that is devoted to providing affordable ownership
housing, and is subject to a Municipal Housing Facilities Agreement, pursuant to Section 110(1) of the Municipal Act and County By-law 4664-2006, as amended, or a similar funding agreement, with the County, including appropriate securities to ensure the property is developed and offered, either primarily or partially, as affordable ownership housing for a specified term. The Town of Tillsonburg is committed to working with the County of Oxford to cooperatively and effectively address housing needs. The Town’s CIP enables the both levels of Local Government to further address common housing goals in a partnership beneficial to both levels of government, with the understanding that varying incentives can be provided at each level. The Town of Tillsonburg may, in accordance with its Community Improvement Plan, and subject to the sole and absolute discretion of Town Council, provide any/all of the support programs offered by the Town even in the case where the project is not subject to a Municipal Housing Facilities Agreement or owned by a non-profit organization.
3.10 COMMERCIAL BUILDING INTERIOR RENOVATION PROGRAM The Commercial Building Interior Renovation Program provides grants for renovations to commercial properties within the Town of Tillsonburg. Interior improvements to commercial units can help property owners and new business tenants fill vacant storefronts, support a more vibrant street life, and create better first impressions of the community. The Program is available to owners of vacant properties or tenants of vacant street level buildings subject to approval by Town Council and available funding. Tenants applying to the Program must have the property owner’s written permission to make any improvements to the property and apply for this program. Grants can be up to 50% of the costs of eligible interior improvements to a maximum of $10,000. Applications for work totaling less than $2,500 are ineligible. Common areas (foyers or hallways) are not eligible unless improved along with a commercial unit. Eligibility Eligible applications must answer yes to all of the following:
• Commercial unit is located on the main floor and facing the street;
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• Commercial unit is located within the Town of Tillsonburg;
• Building is at least 20 years old;
• Commercial unit has been vacant for at least 6 months prior to applying to the Program or has been underutilized over the last 3 years;
• Application submitted prior to the start of construction; • By construction’s end, and for the length of the maintenance period, windows and doors will not be covered by security bars, grills, rolling shutters or doors, posters, large window appliques, vinyl wraps or otherwise obscured; and,
• By project’s end, the commercial unit must have a minimum 2-year lease with a commercial tenant. Eligible Work Eligible work improvements are to the interior of the commercial unit only and include at least three of the following:
• Structural repairs;
• Electrical upgrades;
• Plumbing upgrades and fixtures (i.e. sinks, toilets, etc);
• HVAC;
• Flooring and/or doors, windows and ceilings;
• Demising walls;
• Drywall and/or painting;
• Improved accessibility (i.e. ramps, handrails, accessible washrooms);
• Fire safety compliance (i.e. sprinklers); and,
• Improvements related to health and safety; including asbestos/other hazardous material abatement; Eligible costs that can be reimbursed through the Program also include architecture/design/engineering fees (20% maximum), project management/administration fees (10% maximum), demolition, equipment rentals and labour costs. Ineligible items of work include:
• Non-permanent fixtures such as bars or cabinetry;
• Appliances, furniture, window coverings and other moveable objects;
• Lightbulbs;
• Permit fees, service fees and insurance; and
• Gas, tools, consumables, cell phone fees and other incidental costs. The Commercial Building Interior Renovation Program is not a maintenance program to fix broken windows, interior lighting or security systems, clean clogged plumbing and/or replace ceiling panels. The intent of the Program is to improve the function, efficiency and interior appearance of commercial business premises.
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3.119 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.
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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 Contaminated Property or Substandard Building Redevelopment Grant Program
Grant to cover up to 50% of the cost of an environmental or building hazard study including 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 $105,000 per project. • Applicant must provide a copy of the ESA final report to the Town.
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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 $1,500,000)
• Grant of 100% of the applicable building permit fees offered as a rebate once the project is completed. Industrial Projects – Large (Project value of $51,000,000 or more)
• Grant of 50% of the applicable building permit fees up to a maximum of $20,000, or other amount as may be approved by Council, 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. Social Housing Projects as defined herein may be eligible for 100% rebate of Building Permit Fees 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 and security enhancements, 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
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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.
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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 the Central Area (Including Affordable or Social Housing 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 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 and Multi-Residential Projects (Outside the Central Area) (Including Affordable or Social Housing 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 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,
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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.
Commercial Building Interior Renovation Program
Grant, of up to $10,000 to assist with interior renovations of existing commercial buildings including:
• Structural repairs;
• Electrical upgrades; • Plumbing upgrades and fixtures (i.e. sinks, toilets, etc);
• HVAC;
• Flooring and/or doors, windows and ceilings;
• Demising walls;
• Drywall and/or painting;
• Improved accessibility (i.e. ramps, handrails, accessible washrooms);
• Fire safety compliance (i.e. sprinklers); and, • Improvements related to health and safety; including asbestos/other hazardous material abatement; This grant is intended to provide supportive funding for renovations to commercial properties within the Town of Tillsonburg in order to fill vacant storefronts, support a more vibrant street life, and create better first impressions of the community.
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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 45-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 technology that results in
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
• Only Multi-Residential projects with a minimum of 45-units are considered
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TOWN OF TILLSONBURG COMMUNITY IMPROVEMENT PLAN
energy conservation and reduced environmental impact
• Improved accessibility with no barriers to access
Commercial and, Multi-Residential (including Affordable or Social Housing) 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
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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
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Community Planning
P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 • Fax: 519-421-4712 Website: www.oxfordcounty.ca Our File: MV 07-23
APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: February 12, 2024
REPORT NUMBER: CP 2024-32 OWNER: 2407774 Ontario Limited
500 Highway 3, Tillsonburg, ON N4G 4G8 AGENT: Tillsonburg Developments Inc.
146 Tillson Avenue, Tillsonburg, ON N4G 3E8 VARIANCES REQUESTED: An application has been received to facilitate the construction of a three-unit townhouse requiring
the following relief: 1. Section 8.6.22.2.2 – Exterior Side Yard, Minimum Width, to reduce the minimum required side yard width from 4.5 m (14.76 ft) to 2.8 m (9.2 ft); 2. Section 8.6.22.2.4 – Rear Yard, Minimum Depth, to reduce the minimum required rear yard depth from 6.0 m (19.7 ft) to 4.9 m (16.1 ft);
3. Section 5.37.1 - Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections into Required Yards – to reduce the minimum required exterior side yard setback for a covered deck from 3.0 m (9.8 ft) to 1.3 m (4.3 ft); and,
4. Section 5.37.1 - Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections into Required Yards – to reduce the minimum required rear yard setback for a covered deck from 7.5 m (24.6 ft) to 3.8 m (12.5 ft).
LOCATION: The subject lands are described as Lot 18, Plan 41M-395 in the Town of Tillsonburg. The lands are located on the southeast corner of Baldwin Street and Greenhill Drive, and are municipally known as 2, 4, and 6 Greenhill Drive, Tillsonburg.
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File Number: MV 07-23 Report Number CP 2024-32 Page 2 BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Environmental Protection Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential ZONING BY-LAW: ‘Special Low Density Residential Zone (R3-22)’
SURROUNDING USES: Low density residential uses consisting of single detached dwellings are planned for the lands to the
west; there is existing low density residential to the north (in the form of single detached dwellings), an existing golf course to the south, and a municipal
right-of-way to the east. COMMENTS: (a) Purpose of the Application The applicant is proposing relief from the above-noted provisions in the Town of Tillsonburg’s Zoning-By-law to facilitate the construction of one, three-unit townhouse on the subject lands. As illustrated in Plate 4, the proposed structure will have a building footprint of approximately 398 m2
(4,284 ft2) and consist of three dwelling units, each with a covered deck at the rear of the unit.
The applicant has indicated that relief is required due to the proposed location of the structure on the irregularly shaped lot, which impacts the available building envelope on the property. More specifically, a small portion of each of the two end units will extend into required yard setbacks
(side yard and rear yard respectively). In addition, the proposed covered decks for both end units will slightly extend into the permitted projections into required yards.
The subject property is approximately 2,433 m2 (26,188.6 ft2) in area and is currently vacant. Plate 1, Location Map and Existing Zoning, shows the location of the subject lands and the current zoning in the immediate vicinity. Plate 2, 2020 Aerial Map shows the location of the subject lands and surrounding properties. Plate 3, Location Map & Existing Official Plan Designations illustrates the location of the subject lands and current Official Plan designations on the subject lands. Plate 4, Applicant’s Sketch, illustrates the proposed 3-unit structure on the subject lands, as submitted by the applicant. (b) Agency Comments
Tillsonburg Hydro, Tillsonburg Water & Sewer, Tillsonburg Economic Development & Marketing, Tillsonburg Building Services, Tillsonburg Engineering Services, and County Public Works
indicated that they do not have any concerns or comments with the proposed variances.
Page 51 of 175
File Number: MV 07-23 Report Number CP 2024-32 Page 3 Prior to issuance of a building permit, the Applicant is required to obtain a permit from the Long Point Region Conservation Authority (LPRCA). (c) Public Consultation Public notice was provided to neighbouring property owners in accordance with the provisions of the Planning Act. At the time of writing this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan As illustrated on Plate 3, most of the subject lands are designated ‘Low Density Residential’ and
a portion of the subject lands designated ‘Environmental Protection’ according to County of Oxford Official Plan.
Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting townhouses. The proposed use of the subject lands for a 3-unit townhouse dwelling conforms to
the ‘Low Density Residential’ policies of the Official Plan and based on the applicant’s submission, Planning staff are generally satisfied that the proposed residential use is in keeping with the policy direction of the ‘Low Density Residential’ designation in the Official Plan. Within the ‘Environmental Protection’ designation, uses incompatible with the ensuring the long-term protection, conservation, and enhancement of designated Environmental Protection Areas will be prohibited, and development permitted within or adjacent to Environmental Protection Areas must adhere to environmental planning principles. The subject lands are part of the Bridges Subdivision (SB 20-02-7). Through the subdivision planning process, LPRCA staff reviewed the subject lands and provided a clearance letter for proposed development. To ensure that any proposed development is consistent with ‘Environmental Protection’ policies, the Applicant is
required to obtain a permit from LPRCA prior to issuance of a building permit. (e) Intent and Purpose of the Zoning By-law
The subject lands are zoned ‘R3-22’ according to the Town of Tillsonburg Zoning By-law. The ‘R3-22’ zone permits several residential uses including a converted dwelling, a single detached
dwelling, a duplex dwelling, a semi-detached dwelling, a street fronting townhouse dwelling, a group home, and a multiple unit dwelling in accordance with the provisions of the ‘R3-22’ zone. The ‘R3-22’ zone requires a minimum Exterior Side Yard Width of 4.5 m (14.76 ft) and a minimum Rear Yard Depth of 6 m (19.68 ft). The purpose of establishing minimum yard widths and depths is to ensure adequate space for drainage, and that sufficient space is maintained to access building(s) for maintenance purposes. In this case, as illustrated in Plate 4, the site plan provided by the applicant indicates that a small part of the proposed structure will be located 2.8 m (9.2 ft) from the exterior side yard property line, and a small part of the proposed structure will be located 4.9 m (16.1 ft) from the rear yard property line. Staff are satisfied that the requested relief is reasonable and reducing the exterior side yard to 2.8 m (9.2 ft) and the rear yard depth to 4.9 m (16.1 ft) will provide appropriate drainage and access, and a reasonable amount of amenity space for occupants of the units.
Section 5.37.1 of the Zoning By-law permits certain structures, such as covered porches and decks, to project into required side and rear yards, provided that a minimum setback of 3.0 m (9.8 ft) can be maintained between the projection and the side yard lot line, and a minimum of 7.5 m
(24.6 ft) can be maintained between the projection and the rear lot line.
Page 52 of 175
File Number: MV 07-23 Report Number CP 2024-32 Page 4 The purpose of these provisions is to recognize that structures like covered decks and porches often function as additional amenity space for residential uses and as they are smaller in scale and size than the related dwelling, a certain amount of projection into required yards is reasonable. In this instance, the site plan provided by the applicant as shown in Plate 4 indicates that the proposed covered deck for one end unit will be 1.3 m (9.8 ft) from the side lot line and the proposed covered deck for the other end unit will be 3.8 m (12.5 ft) from the rear lot line. It is not anticipated that the minor increases to the permitted projections into the required exterior side yard width and required rear yard depth will have negative impacts on neighbouring properties, or to lot grading or drainage. It is noted that a final grading and drainage plan will be reviewed by the Town Engineering Department to ensure there are no adverse impacts resulting from the proposed construction. In addition, staff are satisfied that the proposed construction will provide for sufficient amenity area for the rear yard of the subject lands, 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.
The proposed relief will facilitate the development of a 3-unit townhouse building that will provide additional housing opportunities in the Town of Tillsonburg. More specifically, the proposed reduction in the required exterior side yard width and required rear yard depth, and minor increases to permitted projections of the covered decks into the rear and side yards will not negatively impact the effective functioning of the site or negatively impact surrounding land uses. The reduction in the exterior side yard width will continue to allow for appropriate drainage on the site and provide reasonable access to the building for maintenance purposes, and the reduction in the rear yard depth will continue to provide for a reasonable amount of amenity space. Additionally, staff are satisfied that the requested increase in projection of the covered decks into the exterior side yard and rear yard can be considered minor departures from the provisions of
the By-law. 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 will provide opportunity to construct a building of the proposed size and can be given favourable consideration.
RECOMMENDATION: That the Committee of Adjustment approve Application File A07-23, submitted by 2407774 Ontario Limited for lands described as Lot 18 Plan 41M-395 in the Town of Tillsonburg as it relates to: 1. Relief from Section 8.6.22.2.2 – Exterior Side Yard, Minimum Width, to reduce the minimum required side yard width from 4.5 m (14.8 ft) to 2.8 m (9.2 ft); 2. Relief from Section 8.6.22.2.4 – Rear Yard, Minimum Depth, to reduce the minimum required rear yard depth from 6.0 m (19.7 ft) to 4.9 m (16.1 ft); 3. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections into Required Yards – to reduce the minimum required exterior side
yard setback for a covered deck from 3.0 m (9.8 ft) to 1.3 m (4.3 ft); 4. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 -
Permitted Projections into Required Yards – to reduce the minimum required rear side yard setback for a covered deck from 7.5 m (24.6 ft) to 3.8 m (12.5 ft).
Page 53 of 175
File Number: MV 07-23 Report Number CP 2024-32 Page 5 Subject to the following conditions: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. ii. That the proposed relief shall only apply to the construction of a three-unit townhouse dwelling and covered decks of the general size and location as illustrated on Plate 4 of Report CP 2024-32. The requested variance meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows:
1. The proposed relief are considered minor variances from the provisions of the Town’s Zoning By-law in that the requested relief from exterior side yard width, rear yard depth, and increased
projections into the exterior side yard and rear yard will not impact neighbouring properties, is compatible with surrounding land uses, is minor, and is desirable for the development of the lands.
2. The proposed relief maintains the general intent and purpose of the Town’s Zoning By-law, and no negative impacts are anticipated due to the proposed reduction in the required yards and increased projections into the required yards.
3. The relief is desirable for the use of the land as the said relief will allow for development that
is permitted by the Zoning By-law, the use is compatible with planned development and is complimentary to proposed development in the area.
4. The relief maintains the intent and purpose of the Official Plan as the proposed relief will facilitate development that is contemplated within the Low Density Residential designation.
Authored by: Original signed by Laurel Davies Snyder, RPP, MCIP Development Planner
Approved for submission by: Original signed by Gordon K. Hough, RPP Director
Page 54 of 175
January 4, 2024
This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey
Legend
1210
Notes
NAD_1983_UTM_Zone_17N
61 Meters
Zoning Floodlines Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays 1:16000 to 1:500)
Plate 1: Location Map and Existing Zoning A07-23 - 2407774 Ontario Limited Lot 18, Plan 41M-395 - 2, 4, 6 Greenhill Drive, Tillsonburg
Subject Property
Greenhill Drive
Baldwin Street
Borden Crescent
Hickory Lane
Bridle Path
Wilson Avenue
Clear Valley Drive
Page 55 of 175
January 4, 2024
This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey
Legend
1210
Notes
NAD_1983_UTM_Zone_17N
61 Meters
Zoning Floodlines Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays 1:16000 to 1:500)
Plate 2: 2020 Aerial Map A07-23 - 2407774 Ontario Limited Lot 18, Plan 41M-395 - 2, 4, 6 Greenhill Drive, Tillsonburg
Greenhill Drive Borden Crescent
Baldwin Street
Hickory Lane
Bridle Path
Wilson Avenue
Subject Property
Clear Valley Drive
Page 56 of 175
January 30, 2024
This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey
Legend
480
Notes
NAD_1983_UTM_Zone_17N
24 Meters
100 Metre Buffer Ingersoll
Village Land Use Designation
Village Core
Service Commercial
Low Density Residential
Medium Density Residential
Industrial
Minor Institutional
Major Institutional
Future Urban Growth
Open Space
Environmental Protection
School
Requiring Secondary Planning (See Sec. 4.2.2.4)
Land Use Designation
Residential
Residential Reserve
Central Business District
Entrepreneurial District
Neighbourhood Shopping Centre
Service Commercial
Regional Commercial Node
Business Park
Traditional Industrial
Community Facility
Open Space
Environmental Protection
Future Urban Growth
Rural Buffer
Industrial Site Specific Policy Area
Agricultural Reserve
Settlement
County Biosolid Storage Facility
County Landfill Site
Quarry Area
Industrial
Linear Rural Cluster
Pedestrian Predominate Area
Plate 3: Location Map & Existing Official Plan Designations
A07-23 - 2407774 Ontario Limited
Lot 18 Plan 41M-395 - 2, 4, 6 Greenhill Drive, Tillsonburg
Subject Property
Baldwin Street
Greenhill Drive
Hickory Lane
Page 57 of 175
Plate 4: Applicant's Sketch A07-23 - 2407774 Ontario Limited Lot 18 Plan 41M-395 - 2, 4, 6 Greenhill Drive, Tillsonburg Borden CrescentLocation of proposed 3-unit townhouseGreenhill DriveBaldwin StreetSubject PropertyPage 58 of 175
Page 1 of 4
Subject: Community Improvement Plan Application – 150 Vienna Road Property
Report Number: EDM 24-003
Department: Economic Development Department
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT Council receives report titled EDM 24-003 Community Improvement Plan
Application – 150 Vienna Road Property;
B. That 150 Vienna Road property be approved for:
a. An Accessibility Renovation Grant in matching funds to a maximum
contribution of $3,000;
b. A 100% rebate of the building permit fees; and,
c. The Tax Increment Grant Back Program of the Community Improvement
Plan, related to enhancements of the property, at the Strategic Level,
which offers the following growth related rebates:
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
with full property taxes being payable in year 11.
BACKGROUND
The owner of the 150 Vienna Road property, 1991041 Ontario Inc, operating as West
Rental Co., has submitted an application to the Town for property tax and building
permit fee rebates in accordance with the Town’s Community Improvement Plan. The
purpose of this report is to seek Council’s approval to provide these rebates in support
of the refurbishment/renovation of the main buildings on the property.
Page 59 of 175
EDM 24-003 Community Improvement Plan Application – 150 Vienna Road Property
Page 2 of 4
DISCUSSION
The Town of Tillsonburg has received a Community Improvement Plan application from
1991041 Ontario Inc for the 150 Vienna Road. They have applied for support under the
following Community Improvement Plan programs:
Program Comment
Accessibility Renovation Grant Grant of up to $3,000 in matching 50:50
funds to assist property owners and
tenants with accessibility improvements
Grant in Lieu of Permit Fees Program The building permit fees for small
industrial projects ($150,000 to $500,000)
are able to be granted at 100% of the
permit value.
Tax Increment Equivalent Grant Back
Program
Grant to rebate increases of Town portion
of property taxes resulting from
improvements of lands and buildings.
Requires an increase in the assessed
value of the property.
The property owner has indicated that the project includes accessibility improvements
for the building access doorway and bathroom. Approved applications are required to
show proof of expenses incurred and the work is inspected by the Building Department
prior to any rebate being issued.
Based on the deteriorated nature of the property, the Development Commissioner is
recommending that the application be approved as submitted and at the Strategic Level
for the Tax Increment Equivalent Grant Back program.
CONSULTATION
The Community Improvement Plan was developed through extensive consultation and
input from the Economic Development Advisory Committee and the community. The
application has been submitted by a property owner/investor in the community and
circulated to the Building, Planning and Finance Departments.
In terms of the future assessed value of the proposed building, the Finance Department
has been advised by the Municipal Property Assessment Corporation that they are
unable to give a definitive estimate of what proposed construction projects will add from
a hypothetical standpoint as it depends on how the new building is constructed. The
permit value does provide an indication; however, it is important to keep in mind that
Page 60 of 175
EDM 24-003 Community Improvement Plan Application – 150 Vienna Road Property
Page 3 of 4
they continue to be required to value property based on the 2016 market value and with
a significant rise in material costs the building permit value and final assessment applied
are unlikely to be identical.
Further comments are summarized in the below table:
Department Comment Additional Response
Building The building permit fee for
this project was $2,192
The permit is required to
be closed before any
rebates are released
None
Finance If the property assessment
increases by $100,000, the
that would result in an
approximately $1,600
increase to the Town’s
portion of the property tax
None
FINANCIAL IMPACT/FUNDING SOURCE
Since the application was received and reviewed in 2023, along with the majority of the
work, the accessibility and permit fee rebates are anticipated to be funded out of the
2023 Economic Development & Marketing budget, which contains $20,000 in funding.
The Tax Increment Grant will be rebated in 2024 from the property tax funds received.
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.
Page 61 of 175
EDM 24-003 Community Improvement Plan Application – 150 Vienna Road Property
Page 4 of 4
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 – Not applicable
Priority Project – Ongoing Projects – Increase diversity in manufacturing and other key
sectors
ATTACHMENTS
Appendix A – CIP Application – 1991041 Ontario Inc
Page 62 of 175
Page 63 of 175
Page 64 of 175
Page 65 of 175
Page 66 of 175
Page 67 of 175
Page 68 of 175
Page 69 of 175
Page 70 of 175
Page 71 of 175
Page 72 of 175
Page 73 of 175
Page 74 of 175
Page 1 of 8
Subject: Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Report Number: EDM 24-007
Department: Economic Development Department
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT report EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood
Haven Drive – Multiple Offers to Purchase be received; and
B. THAT by-laws be brought forward authorizing the Mayor and Clerk to enter into
the following Agreement of Purchase and Sales and to execute any documents
required to effect the transfer of seven portions of former Right-of-Way lands;
a. Kenneth Agnew and Kimberly Agnew (Lot 16) for lands described as Parts
2 and 3, Plan 41R-10605;
b. Harry Ostrander and Elizabeth Ostrander (Lot 15) for lands described as
Parts 5 and 6, Plan 41R-10605;
c. Timothy Hodgkinson and Deborah Hodgkinson (Lot 14) for lands
described as Parts 8 and 9, Plan 41R-10605;
d. Dale Lee and Judith Lee (Lot 12) for lands described as Parts 14 and 15,
Plan 41R-10605;
e. Jason Freeman and Charlene Freeman (Lot 11) for lands described as
Parts 17 and 18, Plan 41R-10605;
f. Jay Jackson and Lynn Jackson (Lots 33 and 34) for lands described as
Part 22, Plan 41R-10605;
g. Linda Carpani (Lot 35) for lands described as Part 23, Plan 41R-10605;
and,
C. That the bylaws include authorization for the Town of Tillsonburg to take
possession of 1 foot by 1 foot blocks of land along the frontage of the lots along
Wood Haven Drive and Ridge Boulevard for the purpose of deeming “a lot not to
be a lot” under the Planning Act, thereby enabling the parts being acquired by
the property owners to merge with their existing lands and to create a new
contiguous parcel of land for each of the properties, and as follows:
Page 75 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 2 of 8
a. Part 1 on Lot 16
b. Part 4 on Lot 15
c. Part 7 on Lot 14
d. Part 13 on Lot 12
e. Part 16 on Lot 11
f. Parts 19 and 20 on Lots 33 and 34, Ridge Boulevard
g. Part 21 on Lot 35, Ridge Boulevard.
BACKGROUND
Council approved the following resolution at their June 26, 2023 meeting:
THAT report EDM 23-11 titled Surplus Land Declaration – Multiple Portions of
Unopened Right-of-Way South of Wood Haven Drive be received as information;
and
THAT the Unopened Right-of-Way Lands located south of Ridge Boulevard and
Wood Haven Drive, described as parts of Part 8, Plan 41R-940, and portions of a
1 foot reserve described as parts of Block 45, Plan 41M-232, south of Wood
Haven Drive, be closed; and,
THAT portions of the Unopened Right-of-Way, described as parts of Part 8, Plan
41R-940, and portions of a 1 foot reserve described as parts of Block 45, Plan
41M-232, south of Wood Haven Drive, 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; and,
THAT a road closure bylaw be brought forward for Council’s consideration.
Figure 1 illustrates the parcel of land declared surplus by Town Council on June 26,
2023 (Report EDM 23-11). This parcel is to the rear of eight properties that front on
either Wood Haven Drive (6 lots) or Ridge Boulevard (2 lots).
Seven (of eight) property owners have now submitted Offers to Purchase for Council’s
consideration.
Page 76 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 3 of 8
Figure 1 – Lands Declared Surplus Per EDM 23-11
DISCUSSION
Figure 2 illustrates the parcels being sold by the Town (highlighted light green) and the
blocks being acquired by the Town to enable the parcels to merge (highlighted in
yellow) for the first three Offers to Purchase for Lots 16, 15 and 14).
Figure 3 illustrates the parcels being sold by the Town (highlighted light green) and the
blocks being acquired by the Town to enable the parcels to merge (highlighted in
yellow) for the remaining four Offers to Purchase for Lots 12, 11, 33/34 and 35.
Page 77 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 4 of 8
Figure 2 – First Three Parcels Subject to Offers to Purchase (Lots 16, 15, and 14)
The Offers to Purchase received for the first three transactions are summarized as
follows:
Agnew
Parts 2 and 3, with
Part 1 reverting to the
Town
Ostrander
Parts 5 and 6
with Part 4
reverting to the
Town
Hodgkinson
Parts 8 and 9 with
Part 7 reverting to
the Town
Price $2,500 $2,500 $2,500
Page 78 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 5 of 8
Area Approximately 5,496
square feet
Approximately
5,493 square feet
Approximately
5,495 square feet
Irrevocable
Date
Feb 16, 2024
(to be further revised
through amendment)
Feb 16, 2024
(to be further
revised through
amendment)
Feb 16, 2024
(to be further
revised through
amendment)
Closing Date Apr 29, 2024 Apr 29, 2024 Apr 29, 2024
Purchaser
Conditions
Confirmation of
Purchaser obtaining a
Partial Discharge of
their mortgage over the
1x1 square as in
paragraph 16(1)
None None
Figure 3 – Remaining Four Parcels Subject to Offers to Purchase (Lots 12, 11,
33/34 and 35)
Page 79 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 6 of 8
The Offers to Purchase received for the remaining four transactions are summarized as
follows:
Lee
Parts 14 and
15, with Part 13
reverting to the
Town
Freeman
Parts 17 and 18
with Part 16
reverting to the
Town
Jackson
Part 22 with
Parts 19 and
20 reverting
to the Town
Carpani
Part 23 with
Part 21
reverting to the
Town
Price $2,500 $2,500 $2,500 $2,500
Area Approximately
8,752 square
feet
Approximately
5,749 square
feet
Approximately
9,904 square
feet
Approximately
4,744 square
feet
Irrevocable
Date
Feb 16, 2024
(to be further
revised through
amendment)
Feb 16, 2024
(to be further
revised through
amendment)
Feb 16, 2024
(to be further
revised
through
amendment)
Feb 16, 2024
(to be further
revised through
amendment)
Closing
Date
Apr 29, 2024 Apr 29, 2024 Apr 29, 2024 Apr 30, 2024
Purchaser
Conditions
None Partial
Discharge of
their mortgage
over the
adjoining
property for the
1x1 property
transferred to
the Vendor
None None
Based on there being no municipal need for these parcels and the interest and offers to
purchase received from the property owners, the Development Commissioner is
recommending that Council enter into an Agreement of Purchase and Sale with these
property owners to enable them to individually purchase the small portions of unopened
Right-of-Way lands and 1 foot reserve adjacent to the rear of their respective properties.
Page 80 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 7 of 8
CONSULTATION
EDM 23-11 titled Surplus Land Declaration – Multiple Portions of Unopened Right-of-
Way South of Wood Haven Drive details previous public notices and consultation with
various parties.
The Offers to Purchase submitted have been reviewed by the Town’s solicitor with
advice/amendments prepared as required.
FINANCIAL IMPACT/FUNDING SOURCE
The Offers to Purchase have all been submitted at the same value as accepted by
Town Council for the sale of the adjacent Right-of-Way lands to Bamford, or at a value
of $2,500 per property.
Based on the seven offers received, the total revenue is anticipated to be $17,500,
which will be contributed to the Economic Development Reserve at year-end.
As is required by the Town’s Land Disposition Bylaw, the Purchasers are responsible to
pay for all of the Town’s legal, survey and opinion of value costs.
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.
Page 81 of 175
EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive –
Multiple Offers to Purchase
Page 8 of 8
Priority Project – Not applicable
ATTACHMENTS
Plan 41R-10605
Offer to Purchase – Agnew and Tillsonburg
Offer to Purchase – Ostrander and Tillsonburg
Offer to Purchase – Hodgkinson and Tillsonburg
Offer to Purchase – Lee and Tillsonburg
Offer to Purchase – Freeman and Tillsonburg
Offer to Purchase – Jackson and Tillsonburg
Offer to Purchase – Carpani and Tillsonburg
Page 82 of 175
Page 83 of 175
Page] i
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
KENNETH WILLIAM AGNEW and KIMBERLY ANN AGNEW
(collectively the "Purchaser")
WHEREAS the Vendor Is the owner, in fee simple, of the lands and premises described in Schedule
"A" (the "Property");
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows:
SECTION I-GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement.
2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price of Twenty-Five Hundred ($2500.00) Dollars. The
estimated area of the Property is 510.6 square metres. In addition to the foregoing, the
Purchaser shall pay the Vendor's surveying, legal and opinion of value costs on the Completion
Date.
3. The Purchase Price shall be paid as follows:
One Thousand Two Hundred and Fifty Dollars ($1250.00) deposit is payable by the
Purchaser by certified cheque upon Acceptance of this Agreement, to be held on an interest
free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction
on account of the Purchase Price on completion, or if this Agreement is not completed through
no fault of the Purchaser, the deposit shall be returned to the Purchaser; and
(a) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor
on the Completion Date, by certified cheque or bank draft.
Buyer's lnitials-7f'/r>' Seller's Initials.
Page 84 of 175
SECTION II" PURCHASE OF PROPERTY
4. Irrevocable Date
(a) This APS shall be irrevocable and open for acceptance by the Vendor until 1 1:59 p.m.
on the 29thth day of November, 2023 ("Acceptance"), and when accepted shall
constitute a binding contract of purchase and sale, otherwise the APS shall be null and
void and alt deposit monies paid shall be returned to the Purchaser without deduction.
(b) Acceptance shall mean the date upon which the Mayor and Clerk of the Town of
Tillsonburg, or such other persons as the Vendor may authorize from time to time, sign
and execute this APS subsequent to the requirement that the Council of The
Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing
and approving the sale of the Property to the Purchaser pursuant to the terms of this
APS.
(c) The parties agree and acknowledge that negotiation of this APS is not a valid and
binding agreement until accepted by the Council of The Corporation of the Town of
Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall negotiate the terms of this APS in good faith. However, the negotiation
of the terms of this APS by the Chief Administrative Officer of the Town of Tillsonburg,
or his or her designate, in no ways binds The Corporation of the Town of Tiilsonburg
until such time as this APS is authorized and approved by the Council of The
Corporation of the Town ofTiilsonburg.
5. Council Approval
(a) This transaction is subject to compliance with Section 270 of the Municipa! Act, 2001,
S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of the
Town of Tilisonburg in its sole and absolute discretion by resoiution or by-law. If
Council approval is not obtained on or before the Completion Date, then this Agreement
shall be null and void and any deposits paid by the Purchaser shall be returned to the
Purchaser without interest or deduction.
6. Deed/Transfer
(a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the
terms of this Agreement.
7. Completion Date
(a) The closing of this transaction shall take place on December 21st, 2023, or such other
date as mutually agreed upon (the "Comp!etion Date") at which time possession of the
Property in "as is, where is" condition shall be given to the Purchaser other than as
provided in this APS. The Vendor acknowledges that it has the right and authority to
sell the Property.
8. Documents, Reports and Information
(a) The Vendor will produce and deliver to the Purchaser within twenty-eight (28) days
of Acceptance of the APS any documents, reports or information in its possession in
respect to the Property. The Purchaser agrees to return all of the above documentation
to the Vendor if this transaction is not completed.
Buyer's Initials"?^ ^ Seller's Initials^\^
Page 85 of 175
SECTION III - CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and
that it must satisfy itself by December 14th, 2023 regarding the condition of the Property
including, but not limited to, ali existing physical conditions of this Property,
environmental conditions, fitness for any purpose, suitability for construction, soil
bearing capacity for any building proposed, and the availability of municipal services
and utiiities necessary for the Purchaser's proposed use of the Property. The
Purchaser acknowledges that the Vendor shall not be responsible for any physical
deficiencies of the Property or for any past, present or future environmental liabilities
and hereby waives any claims against the Vendor in respect of any environmental
liabilities on the Property. The Purchaser agrees to sign a release and indemnity in
favour of the Vendor on or before closing with respect to matters set out in the
preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with
the Property, it shall deliver written notice to that effect to the Vendor by no later than
the time specified herein, and this Agreement shall be terminated and the deposit shall
be returned to the Purchaser without interest or deduction. If the Vendor is notified
that the condition of the Property is not satisfactory, then the Purchaser shail, prior to
receiving its deposit monies back and prior to being entitled to a full release from the
Vendor with respect to this Agreement, restore the Property to its original condition as
it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole
expense. !f the Purchaser fails to deliver written notice to the Vendor within the time
specified herein regarding this condition, this condition shall be deemed to have been
waived by the Purchaser.
10. Other Conditions
(a) This APS and completion of this transaction is subject to the conditions set out in
Schedules "A" and "B".
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the APS
and understands that upon Acceptance by the Vendor, and subject to any conditions
herein, there shall be a binding agreement of purchase and saie between the Purchaser
and the Vendor. It shail be the Purchaser's responsibility to provide, at its own expense,
any soil bearing capacity tests or environmental inspection, as may be required or
desired, and the Vendor shall grant the Purchaser access for such testing or inspection
at all reasonable times, on reasonable notice, for the purpose of conducting reasonable
inspections.
12. Future Use
(a) The Vendor and the Purchaser agree that there is no condition, express or implied,
representation or warranty of any kind that the future intended use of the Property by
the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in
this Agreement.
Buyer's Initials ^ /^ Seller's Initials.\^-
Page 86 of 175
13. Provision of Plans
(a) The Purchaser agrees and covenants that prior to the issuance of a building permit,
the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of
the building(s) and outside storage, the front elevation of the building(s), the exterior
building materials, the landscaping treatment and the screening of outside storage. The
provisions of this paragraph shail survive closing.
14. Reasonable Assistance
(a) The Vendor agrees to provide reasonable assistance and co-operation to the
Purchaser in obtaining the necessary approvals for the development of the Property
subject to the Purchaser's compliance with all relevant building codes, by-laws, land
use controls, any other statutory requirements and payment of the fees provided for in
the Town of Tillsonburg's current fees by-iaw.
45:—Development Covonanto and Roctrictions
{a)—The Property ohall bo Gubjoct to the dovolopmont covenanto and restriction&-meise
particulcirly set out in Schedule "D" ottachod to this APS, which ohal! survive the
completion of this transQction and run with the Property. The dovolopment covenants
and restrictions shall bo rogictorod on title by tho Vendor. In the ovont that the said
covonants and restrictions arc not rogictorod on titles to the Property on or before
closing, the Purchacor covonanto and agrees to conoont to the rogiotration of the
covenants and restrictions after closing. .
16. Property Not for Resale
(a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the parcel with the Purchaser's adjoining property and not for the
purpose of resale of vacant land. The Purchaser agrees that on the Completion
Date:
(i) it shall transfer to the Vendor a 1 x 1 parcel of land from the Purchaser's existing
property free and dear of any charges, liens or encumbrances excepting
registered municipal agreements and restrictive covenants such have been
complied with; and,
(ii) shall also execute a direction that the title be granted In the same manner that
the Purchaser holds title to the adjoining property as of the Completion Date.
SECTION IV - PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) The Purchaser, its agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable notice
to the Vendor.
^Buyer's Initials^'/0 Seller's initials,
Page 87 of 175
18. insurance
(a) Pending closing, the Vendor shali hold al! insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance and
complete the purchase or to cancel the APS and have ati the deposit monies paid to
the Vendor returned together with all interest earned thereon without deduction.
SECTION V " COMPLETING THE TRANSACTION
19. Deed/Transfer
(a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of
the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser
will pay ail Land Transfer Tax, Harmonized Sales Tax and other costs in connection
with the registration of it.
20. Electronic Registration
(a) The parties agree that the transaction shall be completed by electronic registration
pursuant to Part 111 of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as
amended. The parties acknowledge and agree that the delivery and release of
documents may, at the discretion of the lawyer: a) not occur contemporaneously with
the registration of the transfer/deed and other registrable documentation, and b) be
subject to conditions whereby the lawyer receiving documents and/or money will be
required to hold them in trust and not release them except in accordance with the terms
of a written agreement between the lawyers entered into in the form of the Document
Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective
Registration of Title Documents.
21. Survey or Reference Plan
(a) The parties acknowledge that a survey, at the Purchaser's expense, is required and
a Reference Plan may be registered on title and may be used to provide a registrabie
description of the Property and any easements.
22. Letters and Reports from Officials of the Vendor
(a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if
requested, at the Vendor's expense, letters or reports from the Buiiding and Zoning
Department of the Town of Tiilsonburg and the Fire Chief of the Town of Tilisonburg
regarding the status of compliance with all codes, by-laws, ruies and regulations with
respect to the Property and any buildings located thereon.
23. Examination of Title
(a) Title to the Property shall be good and marketable and free from all encumbrances
except for any service easements or rights-of-way to be reserved in favour of the
Vendor and for any easements or rights-of-way registered on title and any minor
encroachments shown on the survey or Reference Plan delivered to the Purchaser.
Any required easement shall be in the form set out in Schedule "C".
Buyer's InitialsTC' ^ Seller's Initials,
Page 88 of 175
(b) The Purchaser is allowed until December 14th, 2023 to examine the title to the
Property. If on or before this date the Purchaser furnishes the Vendor in writing with
any valid objections: to the title; to any undisclosed outstanding work orders; to
undisclosed non-compliance with the municipal by-laws or covenants and restrictions
which run with the land and cannot be resolved before the Completion Date; as to any
objection of which the Vendor shall be unable to remedy or correct by the Completion
Date and which the Purchaser wiii not waive, then this APS shall, notwithstanding any
intermediate acts or negotiations, be terminated and the deposit shall be returned to
the Purchaser without deduction and the Vendor and the Purchaser shall not be liable
for any costs, damages, compensation or expenses.
24. Vendor to Discharge all Encumbrances
(a) The Vendor agrees to obtain and register at its own expense, on or before the
Completion Date, a discharge of all iiens, encumbrances, agreements and mortgages
now registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any and
all liens, chattel mortgages, assignments or any other security interest given by the
Vendor against its personal Property.
25. Adjustments
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates
shall be apportioned and allowed to the Completion Date, the day itself to be
apportioned to the Purchaser.
26. Deliveries by the Vendor to The Purchaser on Closing
(a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date,
all such deliveries to be a condition of the Purchaser's obligation to close this
transaction, the following:
(i) a deed/transfer of the Property;
(ii) any survey or reference plan of the Property in the possession of the Vendor;
(iii) a Statutory Declaration by an authorized officer of the Vendor stating that
accurateness and truthfulness of all of the representations and warranties;
(iv) a Statutory Declaration by an authorized officer of the Vendor as to possession
of the Property in a form acceptable to the solicitors for the Purchaser;
(v) a Statutory Declaration by an authorized officer of the Vendor that it is not now,
and upon compietion will not be, a "non-resident person" within the meaning
and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1
(5th Supp.) as amended;
Buyer's Initials^- ^ Seller's Initiais.^:
Page 89 of 175
(vi) certified copies of all appropriate certificates, by-laws and other documents of
Vendor authorizing the transaction herein; and
(vii) such further documentation and assurances as the Purchaser may reasonably
require to complete the transaction contemplated by the APS.
27. Harmonized Sales Tax
[a) The parties hereto acknowledge and agree that the transaction contemplated herein is
subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985,c.
E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall
provide the Purchaser with its HST Business Number. The Purchaser shall pay to the
Vendor any HST imposed under the Act payable in connection with the transfer of the
Property to the Purchaser.
SECTION VI" MISCELLANEOUS
28. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement of the Property other than expressed herein.
29. Tender
(a) Any tender of documents or moneys hereunder may be made upon the solicitor acting
for the party upon whom tender is desired, and it shall be sufficient that a negotiable,
certified cheque or bank draft may be tendered instead of cash.
30. Time of Essence
(a) Time shall be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective only if the provisions of Section 50 of the Planning
Act, R.S.O. 1990, c.P.13, as amended are complied with.
32. Notices
(a) All notices in this Agreement shail be in writing and shall be deemed to have been given
if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the
solicitor for the person to whom such notice is intended to be given at the following
addressed:
Solicitors for the Vendor:
Duncan, Linton LLP
ATTENTION: Adrian Rosu
45 Erb Street West
Waterloo, ON N2J 4B5
Fax: (519)886-8651
with a copy delivered to:
Buyer's Initials^ A' Seller's Initials.
^^-*
Page 90 of 175
The Corporation of the Town ofTiilsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tilisonburg, ON N4G 5A7
Fax:519-842-9431
Solicitors for the Purchaser:
Mandryk & Morgan
ATTENTION: James R. Morgan
40 Brock Street West
Tiiisonburg, Ontario N4G 2A2
Fax:519-842-7659
!f mailed, such notices must also be given by facsimile transmission on the date it was
so mailed. If so given, such notices shall be deemed to have been received on the first
business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest En and to this
APS with the Vendor's written approvaL which shall not be unreasonably withheld^
including assignment to another corporation with the same shareholders as the
Purchaser. Subject to the restrictions in the preceding sentence, the Vendor agrees to
engross the Transfer/Deed of Land as directed by the Purchase on the completion Date
as the Purchaser may elect, and the Vendor agrees to complete the transaction
contemplated by this APS on the Completion Date with such assignee or nominee. The
Purchaser is released from all liability hereunder, if it assigns its interest in this APS.
This Agreement shall be binding upon the parties hereto and their respective
successors and assigns.
34. Schedules
(a). The following Schedules shall form an integral part of this Agreement:
(i) Schedule "A" Description of the Property;
(ii) Schedule "B" Conditions;
35. Acceptance by Fax or Email
(a) The Purchaser and Vendor acknowledge and agree that the communication of this
Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic
mail, and that they agree to accept such signatures and documents to be legal and
binding upon them.
36. Counterparts
(a) This Agreement may be signed in any number of counterparts, each of which is
considered to be an original, and all of which are considered to be the same documents.
Buyer's Initials^' ^ Seller's initials^
Page 91 of 175
37. Severability
(a) If any provision of this Agreement, or the application thereof to any circumstances, shall
be hefd to be invalid or unenforceable, then the remaining provisions of this Agreement,
or the application thereof to other circumstances, shal! not be affected, and shall be
valid and enforceable.
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at Tillsonburg, Ontario this ^ { day of October, 2023.
Name; Kenneth William Agnew
^^^Name: Kim6eriyAnnAgnew
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this _ day of _, 2023.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
The Corporation of the Town of
Tillsonburg
Deb Gilvesy
Mayor
Tanya Daniels
Clerk
We have authority to bind The Corporation
of the Town of Titlsonburg.
Buyer's Initiais^T-M' Seller's Initials.
\^^.
Page 92 of 175
SCHEDULE "A" - LEGAL DESCRIPTION OF THE PROPERTY
ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the
Town of Tillsonburg in the County of Oxford, being compromised of a portion of the Unopened Right"
of-Way. described as part of Part 8, Pian 41R-940, south of Wood Haven Drive, and to be described
by a new reference plan, as Parts 2 and 3 more or less as indicated behind 32 Wood Haven Drive as
shown below.
HM Afea:5,31673iti'-'iTele( ;!98 IS
Afea 5.St>04^iPii!i"l!il('f 29297[1
Area 5,531 75!i^'imc!(ir: 233 57H|
Pcdmekr 3!i<) OB1(jd|
|s%1^?"
Buyer's Initials.^\i^Seller's Initials
Page 93 of 175
SCHEDULE "B" ~ PURCHASER CONDITIONS
The transaction of purchase and sale contemplated herein shall be subject to the fulfiltment of
the following terms and conditions on or before November 30, 2023, which terms and
conditions are for, the exclusive benefit of the Purchaser and may be waived in whole or in
part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be
returned and Agreement arising from the offer shall be at an end and ail parties released from
their obligations:
Confirmation of Purchaser obtaining a Partial Discharge of their mortgage over the 1x1 square
as in paragraph 16(1).
Buyer's initials ^P^^ Seller's Initials.\^7
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Page 1 of 3
Subject: Lake Lisgar Waterpark 2024 Operations
Report Number: RCP 24-009
Department: Recreation, Culture and Parks Department
Submitted by: Andrea Greenway, Recreation Programs & Services Manager
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT report titled RCP 24-009 Lake Lisgar Waterpark 2024 Operations be
received as information; and
B. THAT the Town of Tillsonburg supports the amended hours for Lake Lisgar
Waterpark for the 2024 season as outlined in the report in order to provide
aquatic program offerings such as swimming lessons and water fitness while the
indoor pool is closed for renovations.
BACKGROUND
In 2023 the Lake Lisgar waterpark hours were amended in order to accommodate
swimming lessons and water fitness programming due to the lack of an indoor pool
facility. With the indoor pool renovations scheduled to be completed in the summer of
2024 and the maintenance requirements to get the indoor pool up and running once
construction is complete; staff plan to run all aquatic programs out of Lake Lisgar
Waterpark for the summer season. In order to maximize the use of the outdoor pool the
schedule will be adjusted to accommodate aquatic programs.
DISCUSSION
It is recommended that, like in 2023, the Lake Lisgar Waterpark hours be adjusted in
2024 to provide public community swims from 12:00 PM to 6:00 PM. This would reduce
the community swim time by 1 hour per day as the seasonal operating hours in past
years has been 11:00 AM to 6:00 PM. This schedule change would accommodate
offering aquatic programs at the waterpark in the mornings so that there are options for
residents to participate in swimming lessons and water fitness classes. Staff also
recommend that the waterpark remain open until 7:30 PM for swimming lessons on
weekdays and that the Community Swim times are extended on weekends (Friday –
Sunday) until 8pm. This reflects a change that was implemented in the 2023 schedule
that was well received by the public. Based on the positive feedback last year this
increase in hours was included in the 2024 budget.
Page 150 of 175
RCP 24-009 Lake Lisgar Waterpark 2024 Operations
Page 2 of 3
With the amended schedule in 2023 the Town was able to offer 80 swimming lesson
programs that each ran for 8 sessions. A total of 253 participants were registered for the
summer lessons. The attendance at water fitness programs in 2023 was 1121.
Residents utilized the waterpark for aquatic programs and these numbers support
implementing a similar schedule in 2024.
The recommended schedule below balances community needs for swimming lessons,
water fitness programs, and public swim times:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
11:00am –
12:00pm 9:30am – 10:30am 11:00am –
12:00pm
Adult Swim Aqua Fit Adult
Swim
Aqua
Cycling
Adult
Swim Aqua Fit Adult
Swim
Aqua
Cycling
Adult
Swim
Aqua
Fit
Adult
Swim Adult Swim
12:00pm –
8:00pm 10:30am – 12:00pm 12:00pm –
8:00pm
Community Swim
Swimming
Lessons
Swimming
Lessons
Swimming
Lessons
Swimming
Lessons
Swimming
Lessons
Community Swim
12:00pm – 6:00pm 12:00pm –
8:00pm
Community
Swim Community Swim Community Swim Community
Swim
Community Swim 6:00pm – 7:30pm
Swimming
Lessons
Swimming
Lessons
Swimming
Lessons
Swimming
Lessons
CONSULTATION
RCP Director, Aquatic Supervisor, Elgin Contracting and Restoration Ltd. and A+Link.
FINANCIAL IMPACT/FUNDING SOURCE
There is no negative impact to the community swim revenue as rates for the swim will
not be affected. An additional $8000 for part-time wages was included in the 2024
operating budget for the increased hours at Lake Lisgar Waterpark to account for the
service level change.
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 151 of 175
RCP 24-009 Lake Lisgar Waterpark 2024 Operations
Page 3 of 3
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 – Maintain and enhance programs and facilities to support an
active, engaged youth population; Target new programs, services, amenities and
attractions that will be a magnet for young families.
Priority Project – Immediate Term - Community Centre Rehabilitation (providing
minimal service disruptions)
ATTACHMENTS
N/A
Page 152 of 175
Page 1 of 3
Subject: Pickleball and Tennis RFP
Report Number: RCP 24-012
Department: Recreation, Culture and Parks Department
Submitted by: Julie Columbus, Director of RCP
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT report titled RCP 24-012 Pickleball and Tennis Court RFP be received as
information; and
B. THAT Court Surface Specialists be awarded the tender for a total of $296,705 +
HST, inclusive of:
i. $200,500.00 +HST for the design, supply and install of 3 pickleball courts;
and
ii. $ 96,205.00 +HST for the resurfacing of 3 tennis courts
BACKGROUND
Council and Staff have received increasing inquiries, request and delegations from
residents for consideration to improve the existing three tennis courts at the Community
Centre and construction of independent pickleball courts. As the population in Tillsonburg
has grown, so has the demand for court sports mirroring the North American trend with
pickleball being the fastest growing sport. Currently, the tennis courts have been shared-
use allowing for both tennis and pickleball play with a designated schedule alternating
days for each sport.
The 10 Year RCP Capital Budget included $145,000 for the resurfacing of the tennis
courts in 2023 and $100,000 for the construction of three new pickleball courts in 2024.
As a more efficient and effectively management of the two projects, staff recommended
the court work be joined in the same RFP to complete both projects.
At the December 11, 2023, meeting of Tillsonburg Town Council, the following resolution
was passed:
Resolution # 2023-582
Moved By: Councillor Parsons
Seconded By: Councillor Spencer
Page 153 of 175
RCP 24-012 Pickleball and Tennis RFP
Page 2 of 3
A. THAT report titled RCP-43 2024 RCP Capital Pre-Budget Approvals be received as
information; and
B. THAT pre-budget approval for the following 2024 RCP capital project X27,
Pickleball Courts, in the amount of $100,000 be granted, with eligible share to be
funded from DC Reserves; and
C. THAT the 2023 capital project 399, Tennis Court Surface, in the amount of
$145,000 be carried forward to 2024 and be combined with the Pickleball Court
project; and
D. THAT a Request For Proposal be issued for a joint project of resurfacing the
existing tennis courts and adding 3 new pickleball courts with the combined funding
from capital projects X27 and 399 in the amount of $245,000
DISCUSSION
The two projects were joined under one RFP which closed on February 1, 2024.
RCP received the following three proposals for the RFP:
COMPANY TENNIS COURT
RESURFACING
PICKLEBALL
COURTS (3)
TOTAL
Court Surface
Specialists Ltd. $96,205.00 $200,500.00 $296,705.00
J-AAR Excavating Ltd. $123,296.00 $311,567.00 $454,863.00
Armstrong Paving &
Materials Group Ltd. $179,305.00 $371,177.56 $550,483.03
CONSULTATION
The lowest bid of $296,705.00 + HST was received by Court Surface Specialists Ltd. This
is $56,927 over the budgeted funding for this project. Staff discussed alternate funding
sources with the interim Director of Finance.
FINANCIAL IMPACT/FUNDING SOURCE
The construction of the new pickleball courts has been included in the updated
development charges (DCs) study update for 2024. The new DC by-law to take effect
this year includes a 95% recovery rate of the pickleball court actual costs. Therefore, the
additional DC funding will cover the noted overage and allow for less funding to be utilized
from the RCP Reserve. A comparison of the budgeted project vs the difference in funding
based on the actuals is shown below (actuals shown with non-refundable HST cost):
Page 154 of 175
RCP 24-012 Pickleball and Tennis RFP
Page 3 of 3
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☒ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☐ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Within the community, Tillsonburg will strive to offer residents the amenities,
services and attractions they require to enjoy balanced lifestyles.
Strategic Direction – Increase opportunities to enjoy culture, events and leisure activities
in Tillsonburg; Maintain and enhance programs and facilities to support an active,
engaged senior population; Maintain and enhance programs and facilities support an
active, engaged youth population.
Priority Project – n/a
ATTACHMENTS
n/a
Budget RCP Reserve DCs Levy
Tennis 145,000$ 145,000$
Pickleball 100,000$ 77,000$ 23,000$
245,000$ 145,000$ 77,000$ 23,000$
Actuals RCP Reserve DCs Levy
Tennis 97,898$ 85,100$ 12,798$
Pickleball 204,029$ 193,827$ 10,202$
301,927$ 85,100$ 193,827$ 23,000$
Funding
Funding
Page 155 of 175
Page 1 of 3
Subject: Lake Lisgar Canteen Renovation Budget Update
Report Number: RCP 24-014
Department: Recreation, Culture and Parks Department
Submitted by: Julie Columbus, Director of RCP
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
A. THAT report titled RCP 24-014 Lake Lisgar Canteen Renovation Budget Update
be received as information; and
B. THAT the budget overage of $49,674 + HST for capital project 698 LLWP
Canteen Reno be hereby approved and be funded from the Facilities Reserve;
and
C. THAT the LLWP Canteen Reno project construction project be awarded to PK
Construction for $231,474 + HST.
BACKGROUND
At the July 17th, 2023 Council meeting the following resolution was adopted:
RCP 23-32 Lake Lisgar Waterpark Canteen Renovation
Resolution # 2023-305
Moved By: Councillor Parker
Seconded By: Councillor Rosehart 11
A. THAT report titled RCP-23-32 Lake Lisgar Waterpark Canteen Renovation Update be
received as information; and
B. THAT staff be directed to transfer $201,000 funded from the 2022 year-end surplus, to
the Facilities Reserve earmarked for the construction costs of the Lake Lisgar Waterpark
Canteen Renovation; and
C. THAT staff be authorized to execute any necessary documents required to facilitate the
project.
DISCUSSION
Page 156 of 175
RCP 24-014 Lake Lisgar Canteen Renovation Budget Update
Page 2 of 3
Council had approved an overall project budget of $201,000 (inclusive of non-
refundable HST) which included $16,000 for the design and engineering of the building
and $185,000 for the materials and construction phase of the canteen.
The canteen renovation totals approximately 480 sq.ft containing a food serving/prep
area, office for aquatics supervisor and storage room. The timeline for the project is
approximately 14–16 weeks and aims to be completed for the park opening on June 16,
2024 (Father’s Day). In early 2024, PK Construction completed the engineered design
for the new canteen and gathered quotes for demolition, materials and sub-trade work.
On January 22nd, 2024 staff received an updated project quote from PK Construction
that had increased the construction budget from $185,000 to $249,100 + HST (quote A).
PK was asked to review and recommend how to lower the cost without compromising
the integrity of the project.
On February 13th, 2024 staff received a new updated quote from PK Construction for
$241,500 + HST (quote B) which was a reduction of $7,600 + HST from quote A but still
had the overall project with a budget overage of $56,500 + HST. Staff set a meeting to
review the project line-by-line in an effort to reduce the overage even more.
On February 14th, 2024 staff met with PK Construction and explored the scope of work
for the new canteen. Several esthetic items were removed including epoxy flooring
throughout, acoustic ceiling enhancements in the aquatics office and millwork in the
canteen. This reduced the cost to a final quote of $231,474 + HST (quote C) which is
$49,674 + HST over budget.
CONSULTATION
Director of Finance was consulted on options on how the overage can be covered so
the project can move forward.
FINANCIAL IMPACT/FUNDING SOURCE
The Facilities Reserve year-end 2024 balance is forecasted to have enough to cover
the overage amount in the recommendation.
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
Page 157 of 175
RCP 24-014 Lake Lisgar Canteen Renovation Budget Update
Page 3 of 3
☒ 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 – Increase opportunities to enjoy culture, events and leisure
activities in Tillsonburg.
Priority Project – n/a
ATTACHMENTS
Appendix A – PK Construction Canteen Project Quote
Page 158 of 175
A - 37 Tillson Street,
Tillsonburg, ON N4G 0B7
T: 519.842.8001
F: 519.842.6134
E: info@pkconstruction.ca
www.pkconstruction.ca
PK Construction Inc.
Building Solutions for Success!
February 14, 2024
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg, ON
Attention: Julie Columbus
Re: Lake Lisgar Water Park Canteen Addition, Revised Quotation
Dear Julie,
PK Construction Inc. is pleased to provide you a quotation for the construction of the
canteen building addition at the Lake Lisgar Water Park. This quotation does not
include the design and engineering already completed, and is based on the
architectural, structural, mechanical and electrical drawings provided, as well as
discussions had with your team during the design phase.
The following is the general scope of work included in this quotation.
Addition Scope of Work
• Demolition of existing wood canteen structure and ramp including off site
disposal.
• Remove portion of pool deck and canteen foundations, excavate for new
foundations.
• Supply and install cast in place concrete foundations including footings, grade
beams, underpinning to existing building footings and foundation walls.
• Backfill to foundations with imported granular fill.
• Supply and install cast in place concrete floor system complete with steel
trowel finish.
• Frame new canteen walls with 2x6 load bearing wood studs, wood sheathing
and insulation. Frame new canopy over transaction counters.
• Frame new roof system with 2 x 10 rafters and wood sheathing.
• Supply and install exterior metal roofing complete with all trims and ice and
water shield over plywood.
• Supply and install corrugated metal siding to east wall and portion of north wall
including all trims and flashings.
• Supply and install longboard metal cladding to west wall and portion of north
wall around transaction counters.
• Paint all doors, frames and exposed surfaces as required.
• Board interior of addition walls in FRP paneling.
• Supply and install drywall and installation to office walls.
• Supply and install interior counters, storage and cabinets.
• Supply and install windows, doors and transaction counter shutters.
• Supply and install all electrical devices, light fixtures, emergency and exit
devices per drawing provided.
• Supply and install HVAC systems as shown on mechanical drawing, to provide
ventilation and a/c unit to office in canteen.
Page 159 of 175
• Supply and install sanitary, water and venting for plumbing requirements in the
building including sinks and faucets.
• Restore concrete pool deck around addition.
• Soil, concrete, architectural, structural, mechanical and electrical Inspection
and testing services and associated fees.
• Winter heating charges in concrete including temporary tarping to foundations.
• On site Supervision, temporary construction measures, clean up, etc.
• Close out documents including as built and maintenance manuals.
Our quotation for the services indicated here in is Two Hundred and Thirty-One
Thousand, Four Hundred and Seventy-four Dollars, ($231,474.00), plus HST
Clarifications
• We have assumed a site plan amendment or application is not required.
• We have not allowed for a commercial cooking system, including deep fryers,
range hoods, fire suppression system, etc.
• Building permit fee is by owner.
• Asphalt restoration by owner.
• Building signage is not included, by owner.
• We anticipate 14-16 weeks of construction depending on weather and material
lead times.
• Unsuitable, contaminated soils removal is not included.
• Relocating any unforeseen underground utilities is not included.
• Power and water provided by owner.
• Epoxy flooring is not included
• Removal and disposal of designated substances, such as Asbestos Abatement
or mold is not included.
Terms
In accordance with the Construction Act 2019c30, payment must be received with-in 28
days of receipt of invoice.
All work will be warranted for a period of 12 months from the date the work is complete.
This quotation is valid for a period of 30 days from the date of the quotation.
Authorization to Proceed
PK Construction Inc. will proceed with the work upon receipt of a returned signed copy
of this quotation,
or
receipt of a purchase order referencing this quotation and the payment terms.
Page 160 of 175
Thank you for your consideration in utilizing the services of PK Construction Inc. If you
have any questions, or additional requirements, please do not hesitate to contact the
undersigned.
Regards,
PK Construction Inc.
Justin Walsh, CEC, GSC
Vice President
Authorization
The undersigned accepts this quotation and authorizes PK Construction Inc. to perform
the work as described here-in.
Date
Company
Signature
Name & Title
Page 161 of 175
Page 1 of 3
Subject: Tillsonburg Community Centre Renovation Update
Report Number: RCP 24-015
Department: Recreation, Culture and Parks Department
Submitted by: Julie Columbus, Director of RCP
Meeting Type: Council Meeting
Meeting Date: Monday, February 26, 2024
RECOMMENDATION
THAT report RCP 24-015 titled TCC Renovation Update be received as information.
BACKGROUND
At the April 11, 2023, meeting of Tillsonburg Town Council, the following resolution was
passed:
RCP 23-19 Tillsonburg Community Centre Renovation – Award of Tender
Resolution # 2023-150
Moved By: Councillor Parsons
Seconded By: Councillor Spencer
A. THAT Report RCP 23-19 Tillsonburg Community Centre Renovation Update be received
as information; and
B. THAT Council awards the tender to Elgin Contracting and Restoration Ltd., in the amount
of $5,120,000 +HST; and
C. THAT the incremental project funding shortfall net of identified DC funding of $788,533
be covered by $220,622 of unspent funds from the Splash Pad portion of the project and
that funding sources to include annual surplus funds, DC funding, and/or debenture for the
residual $567,911 shortfall be deferred until project completion and a final report brought
back to Council.
DISCUSSION
After 10 months of construction the TCC renovation project has seen significant work
completed. The original project timeline aimed to have an end date of March, 2024.
However, delays due to the shortage of steel, issues with the watermain connection and
shoring of the addition area have the project now being finalized July 30, 2024.
Timelines are updated continually as the project progresses and shared with staff. The
completion date impacts operations, programming and the relocation of the customer
Page 162 of 175
RCP 24-015 Tillsonburg Community Centre Renovation Update
Page 2 of 3
service area. Staff meet with the project team from Elgin Contracting and A+ Link
Architects every two weeks to review the overall progress and challenges of the project.
The most recent Architectural Site Visit from A+ Link provides the following project
update:
1. Family and Barrier Free Change Room Area Addition
1.1. Masonry block walls are being erected.
1.2. Above ground plumbing work is continuing.
1.3. Mechanical HVAC installation has commenced.
1.4. Electrical wall rough-ins have commenced.
2. Structural steel erection for the mid and high roof structures and second floor level
has commenced.
3. Kinsmen Pool
3.1. Construction of the pool ramp is continuing; rigid insulation and rebar is in place.
3.2. Forming and pouring of the pool deck slab along the side of the ramp has been
complete and gutter drains are set in-place.
During renovations in the existing change rooms, it was noted that the water lines above
the ceilings were untraceable and there was no isolation valves for local shut-off which
would be required to perform future maintenance. Prior to working on the install of the
new shut-off valve, a Designated Substances Survey was prepared by OH Solutions
indicating the ceiling material contained asbestos requiring abatement protocols.
The original project tender did include full renovation of these Women's and Men's
Change Room. However, bids received were over budget and project scope was
reviewed amongst the Town of Tillsonburg, a+LiNK and Elgin Contracting. Through the
cost savings exercise, the Women's and Men's Change Rooms renovation saw a
reduction in scope; only allowing for new finishes, new fixtures, and repainting of
existing ceilings.
The conditions of the ceilings were reviewed on site including discussion of a suitable
replacement for the existing material which was over 50 years old. A robust drywall was
chosen and plans arranged for the scope of work including abatement, demolition,
installation of new material, and mechanical/electrical adjustments.
CONSULTATION
Staff worked with the project architect from A+ Link to coordinate the information noted
in the report.
Page 163 of 175
RCP 24-015 Tillsonburg Community Centre Renovation Update
Page 3 of 3
FINANCIAL IMPACT/FUNDING SOURCE
The cost for the new change room ceilings will be approximately $61,955 + HST with
breakdown noted below:
- abatement/removal ($27,983)
- supply and install of abuse-resistant drywall and furring channel ($33,972.00)
- plus any minor mechanical or electrical rework and contractor markups
This unforeseen expense will be covered by the contingency fund included in the overall
project budget. This will reduce the contingency to approximately $50,000. With a
significant amount of the renovation and addition still to be completed, staff wanted to
note the minimal contingency remaining to address unforeseen issues or change orders
moving forward. Staff will continue to provide updates to Council as the project
progresses and budget concerns arise.
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 – Update municipal sports facilities consistent with modern
standards; Maintain and enhance programs and facilities to support an active, engaged
senior population; Maintain and enhance programs and facilities to support an active,
engaged youth population.
Priority Project – Intermediate Term – Community Centre rehabilitation.
ATTACHMENTS
n/a
Page 164 of 175
1
The Corporation of the Town of Tillsonburg
Youth Advisory Council Meeting
MINUTES
Wednesday, February 7, 2024
4:30 PM
Lion's Den
45 Hardy Ave, Tillsonburg
ATTENDANCE: Liam Spencer-Enright
Sorraya Buchanan-St.Gelais
Sophie Hicks
Chris Parker
Kelly Spencer
Jaxon Gundry
Tyla Thiessen
Adam Thiessen
Regrets: Scott Gooding
Scarlet Robson
Dakshneel Singh
Deb Gilvesy
Naima Sandoval
Mya Williams
Staff: Hillary Miller
Regrets: Patti Cote
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:32 PM.
2. Adoption of Agenda
Page 165 of 175
2
Resolution # 1
Moved By: Adam Thiessen
Seconded By: Jaxon Gundry
THAT the agenda as prepared for the Youth Advisory Council Meeting of
February 7, 2024 be approved.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
None.
4. Adoption of Minutes of Previous Meeting
Resolution # 2
Moved By: Tyla Thiessen
Seconded By: Sorraya Buchanan-St.Gelais
THAT the minutes of the January 10, 2023 Youth Advisory Council be approved.
Carried
5. Presentation
5.1 Guest Speaker Larry Scanlan, Chair of Tillsonburg Police Services
Board,
Larry Scanlan presented to the Youth Advisory Council on how the
Tillsonburg Police Services Board is organized and functions.
6. General Business and Reports
The Chair asked the committee to come up with a project to go to Council to
bring a sense of accomplishment to the committee as their term is only a year.
At the next meeting members are to bring their top three ideas for a project to
accomplish to put forward to Council. The Chair suggested no guest speakers for
the next meeting and to just have the time during that meeting to come up with
ideas that pertain to the general youth population.
7. Next Meeting
The next meeting is on March 6, 2024.
8. Adjournment
Page 166 of 175
3
Resolution # 3
Moved By: Adam Thiessen
Seconded By: Sophie Hicks
THAT the Youth Advisory Council meeting be adjourned at 5:34 PM
Carried
Page 167 of 175
1
The Corporation of the Town of Tillsonburg
Traffic Advisory Committee Meeting
MINUTES
Thursday, February 15, 2024
9:00 AM
Boardroom CSC
10 Lisgar Ave.
ATTENDANCE: Bob Parsons
Pete Luciani
Deb Gilvesy
Larry Scanlan
Regrets: Chris Rosehart
Other: Jonathon Graham, Director of Operations and Development
Sgt. Smith, Ontario Provincial Police
Julie Ellis, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 9:00 a.m.
2. Adoption of Agenda
Resolution # 1
Moved By: Larry Scanlan
Seconded By: Bob Parsons
THAT the agenda for the February 15, 2024, Traffic Advisory Committee be
approved with the following amendment:
The addition of Item 7.4 - Update on Items 6.2 and 7.2 from the December
7th meeting of the Traffic Advisory Committee
Page 168 of 175
2
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest.
4. Adoption of Minutes of Previous Meeting
Resolution # 2
Moved By: Bob Parsons
Seconded By: Deb Gilvesy
THAT the minutes of the December 7, 2023, Traffic Advisory Committee be
approved.
Carried
5. Presentations
5.1 Paradigm - Transportation Master Plan
Kevin Jones and James Knott from Paradigm presented on the process
for the upcoming Transportation Master Plan. The committee asked
questions and provided feedback on the following items:
Fees from downtown property owners for maintaining downtown
parking
Downtown noise and truck traffic
Community Safety Zones
6. Information Items
6.1 Spencer McClelland Re: New Stop Light Suggestion
Jonathon Graham, Director of Operations and Development noted that the
correspondence has been responded to. This correspondence will be
forwarded for consideration in development of the Transportation Master
Plan.
7. General Business & Reports
7.1 Truck Traffic on Broadway
The Committee discussed options to begin the process to address the
issue. Jonathon Graham, Director of Operations, noted that discussions
have taken place regarding ways to deal with the issue of truck traffic on
Broadway.
Page 169 of 175
3
Staff will look into whether it is possible to add an "Avoid use of Air
Brakes" sign at the beginning of Broadway. Staff will look into the
existence of signs at 20 Spruce that could be used for this purpose.
The committee also discussed pedestrian crossings on Broadway and the
potential for public education on the use of these crosswalks. Staff will
look in to options and report back to the Committee.
7.2 Tillsonburg Community Centre Parking/Loading Area
This item will be discussed at the next meeting.
7.3 Draft Amendments to By-Law 2022-029 A By-Law to regulate traffic
and the parking of motor vehicles in theTown of Tillsonburg
A draft of potential amendments to the Traffic and Parking By-Law were
presented for the Committee's consideration. These amendments will be
going to an upcoming Council Meeting.
7.4 Follow-up - Items 6.2 and 7.2 from the December 7, 2024 Meeting
Jonathon Graham, Director of Operations and Development provided
updates on Items 6.2 and 7.2 of the December 7th meeting. Going
forward, staff will include these items and other items in a status update
list at future meetings.
8. Next Meeting
May 16, 2024 at 9:00 a.m.
9. Adjournment
Resolution # 3
Moved By: Deb Gilvesy
Seconded By: Bob Parsons
THAT the Traffic Advisory Committee Meeting of February 15, 2024, be
adjourned at 9:51 a.m.
Carried
Page 170 of 175
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-018
A BY-LAW to amend By-Law 2023-017 to Appoint Directors to the Board of
Management of the Tillsonburg Business Improvement Area (BIA) Established by
The Corporation of the Town of Tillsonburg.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT By-Law 2023-017 be amended to remove the following members from the
Tillsonburg BIA Board of Management:
a. Cedric Tomico
b. Ben Cressman
c. Cheryl Fody
2. THAT these amendments to By-Law 2023-017 are hereby declared to be part of
that By-Law as if written therein;
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 26th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 26th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 171 of 175
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-019
A BY-LAW to amend By-Law 4255, A By-Law to control noise in the Town of
Tillsonburg.
WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems
it advisable to amend By-Law 4255.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT Section 4.2, Subsection 6 of By-Law 4255 be amended to the following:
Description of Sound Time Restrictions
6. The operation of waste collection
machinery or refuse compacting
equipment
9:00 p.m. to 7:00 p.m.
All Public Holidays – 7:00 p.m. to 9:00 a.m.
2. THAT these amendments to By-Law 4255 are hereby declared to be part of that
By-Law as if written therein;
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 26th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 26th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 172 of 175
Page 1 of 2
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-020
A BY-LAW to close the Unopened Right-of-Way, known as a Road Allowance
south of Ridge Boulevard and Wood Haven Drive, described as parts of Part 8,
Plan 41R-940, and portions of a 1 foot reserve described as parts of Block 45,
Plan 41M-32, south of Wood Haven Drive, and deem lands surplus to needs of the
Town.
WHEREAS pursuant to Section 8 of the Municipal Act, 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 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 declaring surplus of a road allowance
known as a Road Allowance south of Ridge Boulevard and Wood Haven Drive,
described as parts of Part 8, Plan 41R-940, and portions of a 1 foot reserve described
as parts of Block 45, Plan 41M-32, south of Wood Haven Drive;
AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has
determined that the said lands are surplus to the needs of the Corporation;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the Unopened Right-of-Way south of Ridge Boulevard and Wood Haven
Drive, described as parts of Part 8, Plan 41R-940, and more specifically as Parts
3, 6, 9 , 12, 15, 18, 22 and 23 on Plan 41R-10605, and portions of a 1 foot
reserve described as parts of Block 45, Plan 41M-32,and more specifically as
Parts 2, 5, 8 ,11, 14 and 17 on Plan 41R-10605, south of Wood Haven Drive, be
closed.
2. THAT the Unopened Right-of-Way south of Ridge Boulevard and Wood Haven
Drive, described as parts of Part 8, Plan 41R-940, and more specifically as Parts
3, 6, 9 , 12, 15, 18, 22 and 23 on Plan 41R-10605, and portions of a 1 foot
reserve described as parts of Block 45, Plan 41M-32,and more specifically as
Parts 2, 5, 8 ,11, 14 and 17 on Plan 41R-10605, south of Wood Haven Drive, be
declared surplus to the needs of the Town of Tillsonburg.
Page 173 of 175
By-Law 2024-020
Page 2 of 2
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 26th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 26th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 174 of 175
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-021
A BY-LAW to confirm the proceedings of Council at its meeting held on FEBRUARY 26,
2024.
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 February 26, 2024, 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 26th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 26th day of FEBRUARY, 2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 175 of 175