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210525 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Tuesday, May 25, 2021 5:00 PM Electronic Meeting 1.Call to Order 2.Closed Session (5:00 p.m.) Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider a proposed or pending acquisition or disposition of land by the municipality or local board. 2.1.Adoption of Agenda 2.2.Disclosures of Pecuniary Interest and the General Nature Thereof 2.3.Adoption of Closed Session Council Minutes 2.4.Reports 2.4.1.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.5.Back to Open Session 3.Adoption of Agenda (6:00 p.m.) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of May 25, 2021, be approved. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council meeting held on May 10, 2021, be approved. 7.Presentations 8.Public Meetings 9.Planning Reports 10.Delegations 10.1.Joan Weston Re: Kinsmen Pedestrian Bridge History Joan Weston Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the delegation from Joan Weston regarding the Kinsmen Pedestrian Bridge history be received as information 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 14.Quarterly Reports 14.1.FIN 21-13 2021 First Quarter Consolidated Financial Results Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-13 2021 First Quarter Consolidated Financial results as information. Page 2 of 199 14.2.FIN 21-14 2021 First Quarter Corporate Services Results 14.3.EDM 21-18 2021 First Quarter Economic Development and Marketing Results 14.4.FRS 21-04 2021 First Quarter Fire Services Results 14.5.OPD 21-22 2021 First Quarter Operations and Development Results 14.6.OPD 21-21 2021 First Quarter Building, Planning, By-Law Services Results 14.7.RCP 21-13 2021 First Quarter Recreation, Culture and Parks Results Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council receives the 2021 First Quarter Department Results, as information. 15.Staff Reports 15.1.Chief Administrative Officer 15.1.1.CAO 21-06 Affordable Housing Committee and Boundary Adjustment Committee Appointments Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the following individuals be appointed to the Affordable Housing Committee of Council: Elyse Pelland, Gary Green, Lisa Lanthier (Manager of Human Services, Oxford County), Rebecca Smith (Manager of Housing Development, Oxford County), Collette Takacs, (EDAC Representative), Suzanne Renken (EDAC Representative) and Cedric Tomico (EDAC Representative); AND THAT the following individuals be appointed to the Boundary Adjustment Committee of Council: Samantha Hamilton, Andrew Burns (EDAC Representative), Cedric Tomico (EDAC Representative) and Jesse Goossens (EDAC Representative). 15.2.Corporate Services 15.2.1.CS 21-19 Committee Appointment Proposed Resolution #8 Moved By: ________________ Page 3 of 199 Seconded By: ________________ THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. 15.3.Economic Development 15.3.1.EDM 21-17 Offer to Purchase - Lot 3, Van Norman Innovation Park Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives report EDM 21-17 Offer to Purchase – Lot 3, Van Norman Innovation Park; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with 1677123 Ontario Inc for the property described part of Lot 3 in the Van Norman Innovation Park and to be described by a new reference plan. 15.4.Finance 15.4.1.FIN 21-15 2021 Budgetary Estimates and Final Tax Rates Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-15 2021 Budgetary Estimates and Tax Rates; AND THAT the Final Tax Levy By-Law to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2021 be brought forward for Council consideration. 15.5.Fire and Emergency Services 15.6.Operations and Development 15.6.1.OPD 21-23 Rolling Meadows Phase 2 Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPS 21-23, RFT 2021-006 Rolling Meadows Phase 2 Award Report as information; Page 4 of 199 AND THAT Council awards Tender RFT 2021-006 to Euro Ex Construction of Woodstock, ON at a cost of $1,197,660.20 (net HST included), the lowest bid received satisfying all Tender requirements. 15.7.Recreation, Culture and Parks 16.New Business 17.Consideration of Committee Minutes 17.1.Committee Minutes Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg Dog Park Advisory Committee minutes dated May 12, 2021 and the Tillsonburg Airport Advisory Committee minutes dated April 15, 2021, as information. 17.2.Long Point Region Conservation Authority Board Minutes Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receive the Long Point Region Conservation Authority Board minutes dated April 7, 2021, as information. 18.Motions/Notice of Motions Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ WHEREAS on February 8, 2021 Council adopted a Media Relations Policy as contained in Report CLK 21-05; AND FURTHER that it is desirous that a policy is available to set guidelines and standards to ensure the appropriate use and management of social media on behalf of the Municipality of the Town of Tillsonburg; THEREFORE, be it RESOLVED, that Council directs Staff to provide a Draft Social Media Policy for consideration. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ Page 5 of 199 THAT Staff be directed to explore the purchase of property known as Lot 135, Plan M-16 on Wren Court. Proposed Resolution # Moved By: Councillor Esseltine Seconded By: ________________ THAT Staff be directed to assess the current status of the Wren Court area in Tillsonburg with regard to both safety and amenity considerations for the following: street lights, sidewalks, parking, green space and both access and egress for emergency vehicles and regular traffic from or onto Woodcock Drive. This report to include recommendations and options for improvements as required. 19.Resolutions/Resolutions Resulting from Closed Session 20.By-Laws 20.1.A By-Law to govern the operations of the Tillsonburg Cemetery and to repeal By- Law 3640 20.2.A By-Law to amend Traffic By-Law 3701 20.3.A By-Law to amend By-Law 4247 Schedule A (Committee Appointments) 20.4.A By-Law to authorize an agreement of purchase and sale with 1677123 Ontario Inc 20.5.A By-Law to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2021 Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT A By-Law to govern the operations of the Tillsonburg Cemetery and to repeal By-Law 3640; and A By-Law to amend By-Law 4247 Schedule A (Committee Appointments); and A By-Law to authorize an agreement of purchase and sale with 1677123 Ontario Inc; and A By-Law to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Confirm Proceedings By-Law Page 6 of 199 Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-057, to Confirm the Proceedings of the Council meeting held on May 25, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 22.Items of Public Interest 23.Adjournment Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of May 25, 2021 be adjourned at ____ p.m. Page 7 of 199 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, May 10, 2021 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Paul Groeneveld, Acting Fire Chief Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session (4:30 p.m.) Resolution # 2021-219 Moved By: Councillor Esseltine Seconded By: Councillor Parker Page 8 of 199 2 THAT Council move into Closed Session to consider personal matters about identifiable individuals, including Town employees and a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2021-220 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of May 10, 2021, with the addition of agenda item 11.1 Parks, Beautification and Cemeteries Advisory Committee Re: RCP 21-12 Cemetery By-Law Final Draft Update, and with agenda item 14.7.1. staff report RCP 21-12 being dealt with before agenda item 12, be approved. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. The Mayor recognized National Nurses Week and National Police Week and thanked front line workers for their service. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2021-221 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 9 of 199 3 THAT the minutes of the Council meeting held on April 26, 2021 and the minutes of the Special Council meeting held on May 3, 2021, be approved. Carried 7. Presentations 8. Public Meetings 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 11.1 Parks, Beautification and Cemeteries Advisory Committee Re: RCP 21-12 Cemetery By-Law Final Draft Update Christine Nagy, Chair, Parks, Beautification and Cemeteries Advisory Committee, appeared before Council to provide support for the proposed Cemetery By-Law. Opportunity was provided for comments and questions from Council. Resolution # 2021-222 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the delegation from Christine Nagy regarding the Cemetery By-Law be received as information; AND THAT this information be referred to item 14.7.1 staff report RCP 21-12, for consideration. Carried Item 14.7.1 was dealt with next. 12. COVID-19 Mayor Molnar provided information regarding the Southwestern Public Health (SWPH) Same Day Vaccination List for eligible individuals requiring their first dose. More information can be found on the SWPH website. The Mayor provided a local update and shared a message from Tillsonburg District Memorial Hospital leadership. 13. Information Items 13.1 Statistics Canada Re: 2021 Census Page 10 of 199 4 13.2 City of Burnaby Re: Day of Action against Asian racism Resolution # 2021-224 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive the correspondence from Statistics Canada dated April 22, 2021 and the correspondence from the City of Burnaby dated April 26, 2021, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-05 Tillsonburg Police Services Board Composition Staff noted that the Oxford County CAO's will have to meet and prepare one joint application for submission. Staff confirmed that each municipality will still negotiate individual service contracts with the OPP regardless of local detachment board compositions. Resolution # 2021-225 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Council of the Town of Tillsonburg receives staff report CAO 21-05 Tillsonburg Police Services Board Composition as information; AND FURTHER THAT Council directs the selection of Option “A” including a composition of 5 members. Carried 14.2 Corporate Services 14.3 Economic Development 14.3.1 EDM 21-16 Surplus Land Declaration - Alleyway between Charles St and Nelson St Resolution # 2021-226 Moved By: Councillor Esseltine Seconded By: Councillor Parker Page 11 of 199 5 THAT Council receives report EDM 21-16 Offers to Purchase – Alleyway between Charles Street and Nelson Street; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Peter Leliveld and Ruth Leliveld for the property described as the North part of the Alleyway between Charles Street and Nelson Street, and to be described by a new reference plan; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Ray Jones, Teresa Jones, Tejaun Jones and Jeffrey Jaques for the property described as the South part of the Alleway between Charles Street and Nelson Street, and to be described by a new reference plan. Carried 14.4 Finance 14.4.1 FIN 21-12 Council Remuneration and Expenses Resolution # 2021-227 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives report FIN 21-12 2020 Council Remuneration and Expenses as information. Carried 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 21-19 Airport Hangar Land Lease Hangar G9 Resolution # 2021-228 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report OPD 21-19 Airport Hangar Land Lease Hangar G9 as information; AND THAT a By-Law be brought forward to authorize a Land Lease Agreement with Euclid Benoit for the West half of Hangar G9; AND THAT a By-Law be brought forward to authorize a Land Lease Agreement with 1467246 Ontario Inc. for the East half of Hangar G9. Page 12 of 199 6 Carried 14.6.2 OPD 21-20 Hangar Land Lease Agreement Taxiway G1 Lot 4 Resolution # 2021-229 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report OPD 21-20 Hangar Land Lease Agreement Taxiway G1 – Lot #4 as information; AND THAT a By-Law to authorize a Land Lease Agreement for Taxiway G1 Lot 4 with Ewart McLaughlin, and to repeal By-Law 2020-044, be brought forward for consideration. Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-12 Cemetery By-Law Final Draft Update There was discussion regarding flower beds and potted plants. Staff noted that the Town would reserve the right to remove anything in contradiction to the By-Law. There was discussion regarding when grave stone toppers are permitted during the year. The proposed by-law indicates that the Town is not responsible for any watering or maintenance of live plants and flowers or artificial decorations. Staff noted that the passing of this by-law will be shared through the Town's communication platforms. Resolution # 2021-223 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT report RCP 21-12 Cemetery By-Law Final Draft Update, be received as information; AND THAT Council agrees with the recommendations provided by the Parks, Beautification and Cemeteries Advisory Committee; AND THAT the attached By-Law to govern the operations of the Tillsonburg Cemetery, and to repeal By-Law 3640, be brought forward for approval at the May 25, 2021 Council meeting. Page 13 of 199 7 Carried Item 12 was dealt with next. 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-230 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the Accessibility Advisory Committee minutes dated April 6, 2021 and the Physician Recruitment and Retention Advisory Committees minutes dated April 29, 2021 and the Town Hall Steering Committee minutes dated April 14, 2021, as information. Carried 17. Motions/Notice of Motions Staff noted the proposed program would not impact tax payers as a whole and recommended that the motion also indicate the program would be penalty. Resolution # 2021-231 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council endorse and request that Staff implement a property tax deferral for anyone who cannot make payments in May due to financial restraints recognizing that lockdowns, layoffs and shuttered businesses are creating undue hardships; AND THAT the deferral program be similar in nature to the one that was implemented in 2020; AND THAT the deferral be interest free and penalty free and that payments are deferred to August, 2021 at which time pending the status of lockdowns may be revisited for an extension; AND THAT the Town of Tillsonburg Council recognize that only the Town’s portion of taxes can be deferred by said Council and hereby request that this resolution be forwarded to the County of Oxford for consideration of deferring County property tax due in May to support those that may not be in the financial position to meet the current deadlines. Carried Page 14 of 199 8 It was suggested that the resolution also be circulated to the Hon. Prabmeet Singh Sarkaria Associate Minister of Small Business and Red Tape Reduction. Resolution # 2021-232 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Town of Tillsonburg respectfully requests that all citizens and the business community adhere to health guidelines and covid-19 safety measures as set out by the Province of Ontario and Southwestern Public Health; AND THAT the Town of Tillsonburg recognizes the undue hardships that have been placed upon our citizens and business community with many members of the community struggling both financially and emotionally due to lockdowns, stay home orders and layoffs; AND THAT the Town of Tillsonburg respectfully requests that the Province of Ontario continues and enhances the financial supports available to small businesses and industries as well as provide clarification on the appeal process to those denied The Ontario Small Business Grant to help confront the economic repercussions caused by the current stay at home measures and shuttered businesses; FURTHERMORE the Town of Tillsonburg acknowledges that it has been identified through scientific studies, communication from medical experts, the science table, and the Premier, that outdoor activities that allow for social distancing and ability to follow safety protocols have been identified to have low risk of exposure to the COVID-19 virus. Medical experts maintain that the physical and mental health benefits of these activities outweigh the risks associated with keeping outdoor activities closed; AND THAT the Town of Tillsonburg respectfully asks that the Province of Ontario and Premier Ford reconsider the opening of outdoor recreational facilities; AND THAT this resolution be forwarded to Premier Ford, Minister of Health Hon. Christine Elliot, Minister of Heritage, Sport, Culture and Tourism Hon. Lisa MacLeod, Minister of Finance Hon. Peter Bethlenfalvy, Minister of Agriculture Hon. Ernie Hardeman and the Hon. Prabmeet Singh Sarkaria Associate Minister of Small Business and Red Tape Reduction and Association of Municipalities Ontario. Councillor Gilvesy called for a recorded vote. Councillor Gilvesy - Yes Councillor Luciani - Yes Mayor Molnar - Yes Councillor Parker - Yes Councillor Rosehart - Yes Page 15 of 199 9 Deputy Mayor Beres - Yes Councillor Esseltine - Yes Carried Mayor Molnar asked that Deputy Mayor Beres assume position as Chair. Mayor Molnar requested that the following notice of motion be included on the May 25, 2021 Council agenda. Resolution # Moved By: Mayor Molnar WHEREAS on February 8, 2021 Council adopted a Media Relations Policy as contained in Report CLK 21-05; AND FURTHER that it is desirous that a policy is available to set guidelines and standards to ensure the appropriate use and management of social media on behalf of the Municipality of the Town of Tillsonburg; THEREFORE, be it RESOLVED, that Council directs Staff to provide a Draft Social Media Policy for consideration. Mayor Molnar resumed position as Chair. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-050, to authorize the use of internet and telephone voting for the 2022 Municipal Election 19.2 By-Law 2021-051, to authorize an agreement of purchase and sale with Peter Leliveld and Ruth Leliveld 19.3 By-Law 2021-052, to authorize an agreement of purchase and sale with Ray Jones, Teresa Jones, Tejaun Jones and Jeffrey Jaques 19.4 By-Law 2021-053, to authorize a Land Lease Agreement with Euclid Benoit 19.5 By-Law 2021-054, to authorize a Land Lease Agreement with 1467246 Ontario Inc. 19.6 By-Law 2021-055, to authorize a Land Lease Agreement with Ewart McLaughlin and to repeal By-Law 2020-044 Resolution # 2021-233 Moved By: Councillor Parker Seconded By: Councillor Luciani Page 16 of 199 10 THAT By-Law 2021-050, to authorize the use of internet and telephone voting for the 2022 Municipal Election; and By-Law 2021-051, to authorize an agreement of purchase and sale with Peter Leliveld and Ruth Leliveld; and By-Law 2021-052, to authorize an agreement of purchase and sale with Ray Jones, Teresa Jones, Tejaun Jones and Jeffrey Jaques; and By-Law 2021-053, to authorize a Land Lease Agreement with Euclid Benoit; and By-Law 2021-054, to authorize a Land Lease Agreement with 1467246 Ontario Inc.; and By-Law 2021-055, to authorize a Land Lease Agreement with Ewart McLaughlin and to repeal By-Law 2020-044, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Confirm Proceedings By-law Resolution # 2021-234 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2021-049, to Confirm the Proceedings of the Council meeting held on May 10, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest The Tillsonburg Farmers' Market is now open Saturday mornings at the Station Arts Centre. The Community Living Flag will be flown at the South Broadway Park for the week of May 11 to May 14 in celebration of Community Living Month. The Walk for Alzheimer's will be held the last weekend in May 2021 to coincide with the national Walk for Alzheimer's events month. The Mayor thanked the Kinsmen Club of Tillsonburg and staff for installing the Kinsmen fountain in Lake Lisgar. Page 17 of 199 11 Upcoming Council meetings include: • Monday, May 17, 2021 at 4:30 p.m. for the purpose of holding public meetings for planning applications. • Tuesday, May 25, 2021 at 6:00 p.m. regular meeting. 22. Adjournment Resolution # 2021-235 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council meeting of May 10, 2021 be adjourned at 7:20 p.m. Carried Page 18 of 199 Stoney Creek Bridge Page 19 of 199 Page 20 of 199 Page 21 of 199 Page 22 of 199 Page 23 of 199 Page 24 of 199 Page 25 of 199 Page 26 of 199 Page 27 of 199 Page 28 of 199 Page 29 of 199 Page 30 of 199 Page 31 of 199 Page 32 of 199 Page 33 of 199 Page 34 of 199 Page 1 of 2 Subject: 2021 First Quarter Consolidated Financial Results Report Number: FIN 21-13 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report FIN 21-13 2021 First Quarter Consolidated Financial results as information. BACKGROUND To provide Council with the actual January 1, 2021 to March 31, 2021 Town wide consolidated financial results. DISCUSSION The attached data summarizes by department the variances between 2021 actual results for the year ended March 31, 2021 and the 2021 YTD budget. The first quarter results are currently reflecting an overall Town wide consolidated 2021 surplus of $495,006 ($196,986 Building & $298,020 Town). This preliminary surplus figure is not a certain indication of what to expect as the year progresses as departmental feedback indicates an expectation of meeting budget. Questions or comments relative to the departmental 2021 first quarter revenues and expenditures should be referred to the applicable members of the Senior Leadership Team for commentary. A summary of the financial support announced by the Province to date for the Town of Tillsonburg is detailed in the following table. Page 35 of 199 FIN 21-13 Page 2 of 2 Table 1 – Summary of 2021 Provincial Pandemic Funding (Town of Tillsonburg) Covid-19 Assistance Funding Status* Value Safe Restart Funding – Phase 2 Municipal Operations Awarded $92,000 COVID-19 Recovery Funding for Municipalities Program Awarded $295,415 Safe Restart Funding – Phase 2 Transit Eligible $28,979 Safe Restart Funding – Phase 3 Transit Awarded $7,357 * Eligible = Funds released following specific reporting requirements Awarded = Guaranteed funds; reporting not required (prior to release) COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – 2021 Q1 Consolidated Operating Results Page 36 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS 8,553,743 8,558,980 5,237 Grants 418,350 469,529 51,179 User Charges 1,216,356 1,318,794 102,438 Other Revenue 22,326 19,722 (2,604) Specified Revenue 445 445 Contribution from Reserves 5,527 5,527 Total Revenues 10,210,775 10,372,996 162,221 Expenditures Labour 2,465,691 2,314,804 150,887 Purchases 1,226,909 1,090,613 136,296 Contracted Services 1,371,166 1,279,879 91,287 Contribution to Reserves 22,131 66,535 (44,404) Interfunctional Adjustments 111,189 112,017 (828) Debt Principal & Interest 92,697 93,150 (453) Total Expenditures 5,289,783 4,956,998 332,785 Total Net Levy 4,920,992 5,415,998 495,006 Page 37 of 199 Page 1 of 4 Subject: 2021 First Quarter Finance and Corporate Services Department Results Report Number: FIN 21-14 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report FIN 21-14 2021 First Quarter Finance & Corporate Services Department results as information. BACKGROUND To provide Council with the actual January 1, 2021 to March 31, 2021 Finance & Corporate Services Department financial results. DISCUSSION Summary of Operational Results Table 1: 2021 Operations Business Plan Objective Owner Target Date Status Development Charges By-Law Review & Update Finance Q1 Complete Report to Council re: Town’s response to BIA Write-Off Policy request Finance Q1 Complete Expand Electronic Receivables Acceptance Finance Q1 Ongoing Ongoing; enrolling in EFT receipts as received. Purchasing Consultant – Document Review Finance Q2 Complete HST Rebate Audit Finance Q3 RFP for Banking Services/Review Banking Arrangements Finance Q3 Page 38 of 199 FIN 21-14 Page 2 of 4 Objective Owner Target Date Status 2022 Multi Year Budget Finance Q4 Delayed Delayed; prerequisites to completion include completed Asset Management Plan (July 2024) and budgeting system capabilities evaluation. Asset Management Plan Integrated into 2022 Budget Finance Q4 Delayed Physician Recruitment CAO Q4 Ongoing Ongoing; regular committee meetings to discuss updates and initiatives. Strategic Plan CAO Q4 In progress; final plan anticipated to be presented to Council in June Town Hall CAO Q4 In progress; Space Needs Study currently being updated using employee survey results Integration of County Service Plan Items CAO Q4 In progress; Oxford County CAO’s meet regularly to discuss and move items forward. Applied for Modernization Intake #2 Grant to assist in funding some of the initiatives. Facilitate discussions, networking and planning to ensure expanded opportunities for Affordable and Attainable Housing alternatives within the community & determine applicable strategies for Council review CAO Q4 In progress; CAO report received by Council, subcommittee has been established by Council, and report forthcoming to appoint members to Committee. Accessibility for Ontarians with Disabilities Act (AODA) Website Upgrades Corporate Services Q4 In progress Senior Leadership Team to prepare a draft Tillsonburg response to Oxford County Report CAO 2020-01 regarding Housing Corporate Services Q2 Q4 Incorporated within the Strategic Plan Page 39 of 199 FIN 21-14 Page 3 of 4 Table 2: 2021 Capital Business Plan Objective Owner Target Date Status Server Replacement Corporate Services Q3 Annual Computer Replacement Corporate Services Q4 Ongoing In progress Cell Phone Replacements Corporate Services Q4 Ongoing In progress Contribution to IT Reserves from Departmental Charges for future Computer Hardware Replacements Finance Q4 Table 3: 2021 Additional Information Objective Target Date Status 2020 Final Audit Q2 In progress Audited 2020 Financial Statements Q2 In progress Objective Owner Target Date Status BIA boundary request to include the process involved under the Act and also options available for Council consideration. Corporate Services Q3 Complete; Boundary adjustment not supported RFP for Insurance Corporate Services Q4 Central Record Transference (permanent physical documents to electronic format) Corporate Services Q4 Local Government Week Corporate Services Q4 Report on updating website and development of Tillsonburg Mobile App Corporate Services Q4 Proceed with a general planning application to prevent the conversion of commercial space on Broadway to residential on the ground floor. Report on how to preserve commercial space in the downtown area. Corporate Services Q4 In progress; public meeting scheduled for June Page 40 of 199 FIN 21-14 Page 4 of 4 FINANCIAL IMPACT The 2021 first quarter Finance & Corporate Services Department surplus is $42,320. This is broken down as follows: Department 105 - Finance $28,648 Department 100 – Council 2,577 Department 110 – Corporate Services 18,062 Department 120 - Customer Service (6,967) $ 42,320 Details on major variances can be found in the attached Q1 results appendices. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A - 2021 Q1 Finance & Corporate Services Operating Results Page 41 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 246,475 283,384 36,909 (15%) 1 User Charges 6,000 6,561 561 (9%) Other Revenue 15,000 12,327 (2,673)(18%) Contribution from Reserves Total Revenues 267,475 302,272 34,797 Expenditures Labour 190,734 177,626 13,108 (7%) 2 Purchases 10,925 5,819 5,106 (47%) 3 Contracted Services (20,311) 20,311 4 Contribution to Reserves 44,680 (44,680) 5 Interfunctional Adjustments (49,772) (49,779) 7 (0%) Total Expenditures 151,887 158,035 (6,148) Total Net Levy 115,588 144,236 28,648 Notes 1 OCIF Formula Funding 2 FT labour Vacancy Purchasing Coordinator 3 Interest/Finance charges under 4 Auditing Expense accrual - timing 5 OCIF formula funding contributed to reserves - $36,909; Bank interest earned relating to Reserve account $7,700 Page 42 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 2,090 1,685 (405)(19%) Other Revenue 0 Contribution from Reserves 5,527 5,527 1 Total Revenues 2,090 7,212 5,122 Expenditures Labour 253,692 231,358 22,334 (9%) 2 Purchases 144,937 157,906 (12,969) (9%) 3 Contracted Services 106,685 103,063 3,622 (3%) Contribution to Reserves Interfunctional Adjustments (109,500) (109,453) (47) (0%) Total Expenditures 395,814 382,874 12,940 Total Net Levy (393,724) (375,662) 18,062 Development Charges DC Revenue Collected (34,151) DC Contribution to Reserves 34,151 Notes 1 Development Charge Revenue - to fund DC Study Update 2 FT Labour - Vacancy in Clerks department 3 Safety Expense over $4,338 Health & Safety Audit; Special Project Exp Over $5,500 -DC Study Update; Page 43 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 72,403 68,433 (3,970)(5%) Total Revenues 72,403 68,433 (3,970) Expenditures Labour 64,608 62,661 1,947 (3%) Purchases 23,091 20,735 2,356 (10%) Contracted Services 12,002 19,307 (7,305) (61%) 1 Interfunctional Adjustments (57,844) (57,849) 5 (0%) Debt Principal & Interest Total Expenditures 41,857 44,854 (2,997) Total Net Levy 30,546 23,579 (6,967) Notes 1 Sub contractor Expense over $ 7,300 Page 44 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Contribution from Reserves Total Revenues Expenditures Labour 48,154 47,084 1,070 (2%) Purchases 62,584 59,256 3,328 (5%) Contracted Services 1,800 3,102 (1,302) (72%) Contribution to Reserves 0 Interfunctional Adjustments 6,600 7,120 (520) (8%) Total Expenditures 119,138 116,561 2,577 Total Net Levy (119,138) (116,561) 2,577 Page 45 of 199 Page 1 of 8 Subject: 2021 First Quarter Economic Development and Marketing Results Report Number: EDM 21-18 Department: Economic Development and Marketing Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report EDM 21-18 2021 2021 First Quarter Economic Development and Marketing Results as information. BACKGROUND Economic Development Activity 2021 (Target) 2021 (Actual) Lead Files Opened 15 38 Lead Files Closed 10 29 Corporate Visits 6 1 Client Visits 4 4 New Businesses Opened 3 3 Businesses Closed N/A 5 Website (All Town Pageviews) N/A 132,392 Website Activity (Main Business Page) 850 638 Page 46 of 199 EDM 21-18 Page 2 of 8 Website Activity (Business Directory) 1,600 792 Website Activity (Available land/buildings) N/A 838* *Note: The Available Land/Buildings page and the www.tillsonburg.ca/Invest page are becoming the focus of our online marketing efforts and we are seeing significant increases in visits to these pages (total of 1,485) as well as leads being generated through our Website New Businesses Quarter Business Name/Address Q1 ReelFlies.ca – 93 Broadway People's Choice Warranty – 107 Broadway Tillsonburg Chiropractic – 10 Brock St E Closed Businesses Quarter Business Name/Address Q1 Boss Tooling Inc – 131 Townline Rd Eberhard Hardware Manufacturing Ltd – 1523 Bell Mill Side Road Hexacomb Corporation – 101 Cedar St Paper Suitcase Photography – 93 Broadway Rogers Radio – 77 Broadway The below tables summarize the status of the 2021 Business Plan Operating and Capital Budget objectives. Table 1: 2021 Business Plan Objectives Objective Budget Value Target Date Status Community Improvement Plan (Downtown Façade) $31,000 Q4 Funding provided to BIA Community Improvement Plan $20,000 Q4 Economic Development Strategy Implementation $10,000 Q4 Undergoing review by Economic Development Advisory Committee prior to bringing to Page 47 of 199 EDM 21-18 Page 3 of 8 Council for consideration Enhanced Business Processes $10,000 Q4 Subscription to company prospecting tools (IBISWorld) completed. Further enhancements will be considered High Tech Manufacturing Action Plan $2,000 Q4 Implementation plan and model being updated. Working towards a June 2021 kick-off event. SOMA Asia Mission $20,000 Q4 Not initiated Van Norman Innovation Park – Clearview Dr Extension & SWM Pond Construction Q4 Preliminary earthworks contract nearly completed with SWM Pond and forebay shaping completed, final subgrade levels of roads and drainage easements underway. Rezoning for south lands in process. Electrical grid design completed. Servicing tender released March 24. Van Norman Innovation Park (Certified Sites) $7,000 Q4 Not initiated Engineering Design Services for Rokeby Road Property $265,000 with offsets Q4 In process Chamber Awards – Grant $4,000 Q2 Deferred to later in year Chamber Awards – Sponsorship $4,000 Q2 Deferred to later in year Community Video Production $15,000 Q3 Not initiated Bridges to Better Business $1,000 Q4 Not initiated Youth Robotics Challenge $1,000 Q4 Not initiated Residential marketing $11,000 Q4 Not initiated Page 48 of 199 EDM 21-18 Page 4 of 8 Branding – Wayfinding Signage (carry-forward) $30,000 (Reserves) Q3 Initiated Consultations for Mall Parking Lot Reconfiguration (carry- forward) $0 Q1 - Q2 Not initiated 1101 Highway 3 Property – Explore development opportunities $0 Q4 Not initiated Education Task Force $0 Q4 Initiated Pandemic Business Recovery $0 Q4 In process Town Hall Project Support $0 Q4 In process Continue to facilitate discussions and networking with potential partners to review additional opportunities for Short Line Rail connectivity within the Town of Tillsonburg. $0 Q4 In process Continue to facilitate discussions, networking and planning to ensure adequate Industrial Zoned land is available for servicing and development. $0 Q4 In process Table 2: Additional Business Plan Objectives The below table is a summary of activities, in addition to those in the Business Plan, that were added to the workplan for the First Quarter. Page 49 of 199 EDM 21-18 Page 5 of 8 Objective Details Coronavirus Pandemic Anticipate additional impacts to Business Plan due to repeated Emergency Orders DISCUSSION In terms of Economic Development & Marketing activity, many metrics were strong despite the impact of the pandemic on regular actions and initiatives. Most notably, lead files opened by Tillsonburg were up 153%. Three new businesses opened the first quarter, while five businesses, including three manufacturers, closed. Some key investments for the first quarter were:  Purchase and renovation of 1523 Bell Mill Side Rd property;  Conditional offer on Lot 2 in the Van Norman Innovation Park. CONSULTATION The reporting of quarterly results helps demonstrate accountability to Senior Leadership, Town Council, and the public. In addition to this, the Economic Development Advisory Committee is provided with a summary of these metrics at their regular meetings. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department financial results for the first quarter of 2021 are as follows: Department Variance (Brackets denote over budget) Explanation Economic Development (505) $(2,319) Development & Communications (500) ($4) TOTAL ($2,323) At this time, there are no anticipated impacts to the budget. Page 50 of 199 EDM 21-18 Page 6 of 8 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within lo cal government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Operating and Capital Financial (Cost Code) Summary Page 51 of 199 EDM 21-18 Page 7 of 8 Appendix A – Operating and Capital Financial (Cost Code) Summary 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges Total Revenues Expenditures Purchases 31,000 31,000 Contribution to Reserves Interfunctional Adjustments 1,172 1,176 (4) Total Expenditures 32,172 32,176 (4) Total Net Levy (32,172)(32,176)(4) Page 52 of 199 EDM 21-18 Page 8 of 8 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 1,500 4,000 2,500 (167%) User Charges 19,000 19,000 0% Contribution from Reserves Total Revenues 20,500 23,000 2,500 Expenditures Labour 47,466 47,011 455 (1%) Purchases 40,500 45,364 (4,864) (12%) Contracted Services 668 1,078 (410) (61%) Contribution to Reserves 19,000 19,000 0% Interfunctional Adjustments (4,725) (4,725) 0% Debt Principal & Interest Total Expenditures 102,909 107,728 (4,819) Total Net Levy (82,409)(84,728)(2,319) Page 53 of 199 Page 1 of 4 Subject: 2021 First Quarter Fire Services Results Report Number: FRS 21-04 Department: Fire Services Submitted by: Paul Groeneveld, Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, May 24, 2021 RECOMMENDATION THAT Council receives report FRS 21-01 First Quarter Fire Services Results be received as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2021 to March 31, 2021 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2021 Business Objectives Objective Target Date Status Continuation of multi-year training plan for Firefighters and Officer Development Q1 / Q2 / Q3 / Q4 Ongoing Continue Development of PTSD risk reduction strategy and program. Q1 / Q2 / Q3 / Q4 Ongoing Continue to develop and implement cancer risk reduction strategy and program Q1 / Q2 / Q3 / Q4 Ongoing Update Establishing and Regulating By-law Q2 Ongoing Continue training on Technical Rescue/Ice Water/Fire Ground Operations Q1 / Q2 / Q3 / Q4 Ongoing Continued progress in Mandatory Emergency Management Q1 / Q2 / Q3 / Q4 Ongoing Continued progress in Fire Prevention and Public Education Q1 / Q2 / Q3 / Q4 Ongoing Page 54 of 199 FRS 21-04 Page 2 of 4 Key Indicators On average, the number of firefighters attending training sessions was twenty-three (23) firefighters. The year-to-date average number of firefighters attending training sessions was twenty- three (23) firefighters. The average number of firefighters attending emergency incidents was twenty-one (21) firefighters. 2021 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 5 63 Burning Controlled 2 4 Pre Fire Conditions/ No Fire 4 12 False Fire Calls Alarm Activations 14 58 Carbon Monoxide False Calls 6 15 Public Hazard 6 242 Rescue MVC 7 25 Medical/Resuscitator Call 24 36 Other Response 16 34 YTD 84 489 2021 Dollar Loss / Loss Prevention Number of Property Fire Incidents Estimated Property Value at Risk Estimated Structure Fire Loss Estimated Content Fire Loss Property Fire Loss Prevented Q1 2 $175,000.00 $45,000.00 $10,000.00 $120,000.00 Q2 Q3 Q4 YTD Total Fire Prevention Inspections 1st Quarter 2021 Year to Date New Inspections 10 10 Ongoing Inspections 22 22 Legal Action 0 0 Closed 2 2 Page 55 of 199 FRS 21-04 Page 3 of 4 Apparatus Utilization Apparatus 2021 1st Quarter 2021 Year to Date 2020 1st Quarter 2020 Year End Car 1 6 6 1 23 Car 2 1 1 14 48 Pumper 1 8 8 33 262 Pumper 2 17 17 7 80 Rescue 3 21 21 29 95 Aerial 4 28 28 18 125 Public Education Types 2021 1st Quarter 2021 Year to Date Age Groups Served YTD Fire Public Education Presentations and Events 0 0 Emergency Management Public Education Presentations and Events 0 0 Emergency Management – Social Media 39 39 Under 5 – 13 Ages 26-54 – 2 Social Media (1 Month Total) – 188,197 Fire Public Education - Social Media 13 13 Fire Communication Report Town of Tillsonburg Calls 2021 1st Quarter On Call Called Out 2021 YTD On Call Called Out YTD Town Administration 59 N/A 59 N/A OPP 79 N/A 79 N/A Roads 32 9 32 9 Hydro 44 14 44 14 Water/Waste 33 8 33 8 By-Law Enforcement/Parking 3 1 3 1 Animal Control 6 0 6 0 Garbage Collection/Transfer Station 17 1 17 1 Fleet 0 0 0 0 Community Centre/Parks 3 0 3 0 Facilities 0 0 0 0 Tillsonburg Fire 2021 1st Quarter 2021 YTD Administration Lines 531 531 Fire Incidents 84 84 Page 56 of 199 FRS 21-04 Page 4 of 4 FireComm 2021 1st Quarter 2021 YTD Emergency Calls Received 1,986 1,986 Non Emergent Calls Received 1,968 1,968 Actual Fire Incidents Dispatched 1,087 1,087 FINANCIAL IMPACT/FUNDING SOURCE Provincial Fire Services Grant 2021 Staff is waiting on the funding transfer from the Province. All documentation has been submitted and confirmation received from the Province. Staff has commenced training initiatives and ordered equipment related to the approved projects under the Grant Agreement. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A – Police Q1 2021 Quarterly Report Budget vs Actuals Appendix B – Fire Q1 2021 Quarterly Report Budget vs Actuals Page 57 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 24,500 24,250 (250)(1%) User Charges 86,027 80,886 (5,141)(6%) 1 Total Revenues 110,527 105,136 (5,391) Expenditures Labour 6,744 6,301 443 (7%) Purchases 16,231 9,316 6,915 (43%) 2 Contracted Services 896,575 903,891 (7,316) (1%) Total Expenditures 919,550 919,508 42 Total Net Levy (809,023) (814,372) (5,349) Development Charges DC Revenue Collected (3,952) DC Contribution to Reserves 3,952 Notes 1 Provincial Grant revenue - Community Safety 2 HLW expense under $4,100 Page 58 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 40,158 38,401 (1,757)(4%) Total Revenues 40,158 38,401 (1,757) Expenditures Labour 310,889 313,241 (2,352) (1%) Purchases 55,813 29,092 26,721 (48%) 1 Contracted Services 61,804 64,398 (2,594) (4%) Contribution to Reserves 0 Interfunctional Adjustments 73,753 73,749 4 (0%) Debt Principal & Interest 3,629 3,630 (1) (0%) Total Expenditures 505,888 484,110 21,778 Total Net Levy (465,730) (445,709) 20,021 Development Charges DC Revenue Collected (43,749) DC Contribution to Reserves 43,749 Notes 1 Equipment Supplies & Repairs under $4,900; Training Expense under $ 15,600 Page 59 of 199 Page 1 of 12 Subject: 2021 First Quarter Operations and Development Results Report Number: OPD 21-22 Department: Operations and Development Submitted by: Carlos Reyes, Director of Operations and Development Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT report OPD 21-22 2021 First Quarter Operations and Development Results be received as information. BACKGROUND To provide Council with the January 1, 2021 to March 31, 2021 Department year to date operational and financial results for the Operations Department. DISCUSSION 2021 Business Objectives and Capital Projects: Table 1: 2021 Operating Business Plan Objective Target Date Q1 Project Status Renegotiations of West Town Line Boundary Road Agreement Q2 In progress Renegotiations of Urban Road Maintenance Agreement with Oxford County Q2 In progress Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3 In progress Investigate Private Woodlot East of Runway 08-26 Removal Options Q2 In progress Renegotiations of the Traffic Signal/Streetligths maintenance Agreement Q2 2022 Deferred Page 60 of 199 OPD 21-22 Page 2 of 12 Downtown Sidewalk By-law 2189 Update Q3 In progress Finalize Engineering Design Criteria & Standard Drawings Q2 In Progress Frances Street Reconstruction Detailed Design Q2 In Progress Lindsay Street Reconstruction Detailed Design Q2 In Progress Airport Website redesign Q2 In Progress Report to Council with information on the utilization of the 2021 Tillsonburg Regional Airport Grant Q2 In Progress Table 2: 2021 Capital Business Plan Objective Target Date Q1 Project Status Airport Master Plan Q2 In Progress – Project Awarded to Explorer Solutions/Quartek 2021 OSIM Inspection Q3 In Progress – Project Awarded to GM Blueplan Kismen Bridge Upgrade Design Q2 Waiting for Completion of 2021 OSIM Inspection Facilities Asset Management Q4 In progress 2021 Asphalt Resurfacing Program Q3 In Progress – Project Awarded to Permanent Paving Ltd Sidewalk Connectivity Program Implementation Q3 In Progress – Project Awarded to Permanent Paving Ltd Vienna Road Reconstruction Q3 In Progress – Project Awarded to J-AAR Excavating Ltd Concession St W Reconstruction - Rolph to Charlotte Q3 In Progress – RFT Closes on May 25, 2021 Rolling Meadows Phase 2 of 2 Q3 In Progress – RFT Award Report (May 25, 2021) General Aviation Access Road Q3 Waiting for Completion of the Airport Master Plan Page 61 of 199 OPD 21-22 Page 3 of 12 2020 CFWD - Quarter Town Line at Stoney Creek Culvert Retaining Wall Rehabilitation Design Q1 Completed 2020 CFWD - Quarter Town Line & Beech Blvd Retaining Wall Replacement Design Q2 Completed 2020 CFWD - Young Street Storm Outlet Class Environmental Assessment (Design) Q3 In progress – Project Awarded to GM Blueplan 2020 CFWD - Stoney Creek Sanitary Trunk Main Repair Q2 In Progress 2020 CFWD Rolling Meadows Reconstruction Phase 1 of 2 (Tanager, Falcon) Q2 In Progress – Project Awarded to Euro Ex Construction 2019 CFWD Public Works Yard & Salt Facility – Concepts Q3 In Progress – Project Awarded to Fabrik Architects Stoney Creek Sanitary Trunk Main - Emergency Repair Q3 In Progress – County Funded Light Duty Vehicles Water Unit #28 – Replace Pickup Truck Q3 In Progress Fire Unit #38 – Replace SUV Q3 In Progress Building Unit #39 – Replace SUV Q3 In Progress Hydro Unit #65 – Replace Pickup Truck Q3 In Progress New Parks/Facilities Unit - Mini Cargo Van Q3 In Progress Medium Duty Vehicles Fire Unit #37 – Replace Pickup Truck Q4 In Progress Heavy Duty Vehicles 2020 CFWD Roads Unit #60 – Replace Snowplow Truck Q2 2022 In Progress Off Road Equipment Cemetery Unit #87 – Replace Backhoe Q4 In Progress Parks Unit #88 - Replace Tractor Q4 In Progress New Cemetery Unit - Mower Tractor with attachment Q3 In Progress Page 62 of 199 OPD 21-22 Page 4 of 12 Key indicators measure growth in terms of infrastructure i.e. Roads, Sewe rs, Watermain, Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the associated incremental costs to maintain the additional infrastructures demonstrates the efficiencies of continuous internal improvement. Table 3: Key Indicators Key Indicators 2020 2019 2018 2017 2016 2015 2014 Roads (Lane km) 238.3 235.4 234.1 233.6 229.4 226.8 226.1 Sidewalks (km) 107.6 98.6 97.4 96.6 94.2 91.6 89.5 GOALS FOR NEXT QUARTER  Business Continuity during COVID-19  Complete Airport Master Plan Study  Complete Public Works Yard and Salt Facility (Concepts) Study  Complete Construction of Rolling Meadows Reconstruction Phase 1 of 2  Finalize Engineering Design Criteria & Standard Drawings  Continue renegotiation of West Town Line Boundary road agreement  Continue renegotiation of Water Collection and Wastewater Collect ion  Continue renegotiation of Urban Road Maintenance Agreement with Oxford County CONSULTATION The following staff/resources have been consulted for this report:  Senior Analyst/Deputy Treasurer  Manager of Public Works  Manager of Engineering FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2021 Q1 Operations Services overall variance is summarized in Table 4. Table 4: First Quarter Budget vs. Actual Variance Summary Department Surplus / (Deficit) Operations Administration (1,586) Engineering Services 6,503 Public Works 11,716 Waste Management 25,386 Page 63 of 199 OPD 21-22 Page 5 of 12 Municipal Parking 38,020 Airport Operations (5,911) Fleet Services 37,235 Transit Services (In-Town) 10,002 Transit Services (Inter-Community) (112,231) Total Variance $9,134 Surplus COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Operating Summaries Page 64 of 199 OPD 21-22 Page 6 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 375,527 375,210 (317)(0%) Total Revenues 375,527 375,210 (317) Expenditures Labour 85,450 81,463 3,987 (5%) Purchases 200,428 170,263 30,165 (15%)1 Contracted Services 3,750 443 3,307 (88%) Contribution to Reserves 0 Interfunctional Adjustments 2,053 2,049 4 (0%) Debt Principal & Interest 4,087 3,998 89 (2%) Total Expenditures 295,768 258,216 37,552 Total Net Levy 79,759 116,994 37,235 Development Charges DC Revenue Collected (8) DC Contribution to Reserves 8 Notes 1 Fuel purchases under $7,500; Net Equipment Supplies & Repairs under $21,400 Page 65 of 199 OPD 21-22 Page 7 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 60,488 62,415 (1,927) (3%) Purchases 2,947 2,606 341 (12%) Interfunctional Adjustments (6,000) (6,000) 0% Total Expenditures 57,435 59,021 (1,586) Total Net Levy (57,435)(59,021)(1,586) 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 2,870 8,451 5,581 (194%)1 Total Revenues 2,870 8,451 5,581 Expenditures Labour 121,208 119,574 1,634 (1%) Purchases 1,770 2,470 (700) (40%) Contracted Services Interfunctional Adjustments (55,509) (55,497) (12) (0%) Total Expenditures 67,469 66,547 922 Total Net Levy (64,599)(58,097)6,503 Notes 1 Additional Site Plan & Sub Division Reviews Page 66 of 199 OPD 21-22 Page 8 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants Total Revenues Expenditures Labour 319,407 342,873 (23,466) (7%)1 Purchases 214,986 201,953 13,033 (6%)2 Contracted Services 48,497 25,977 22,520 (46%)3 Interfunctional Adjustments 120,132 120,162 (30) (0%) Debt Principal & Interest 46,424 46,765 (341) (1%) Total Expenditures 749,446 737,730 11,716 Total Net Levy (749,446)(737,730)11,716 Development Charges DC Revenue Collected (378,387) DC Contribution to Reserves 378,387 Notes 1 FT Overtime over $29,100 -Winter Maintenance 1 Salt Supply Expense under $8,200 3 Net Subcontractor Expenses under $22,500 Page 67 of 199 OPD 21-22 Page 9 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS 69,392 69,645 253 (0%) Total Revenues 69,392 69,645 253 Expenditures Labour 17,400 3,575 13,825 (79%)1 Purchases 10,000 738 9,262 (93%)2 Contracted Services 30,000 15,317 14,683 (49%)3 Contribution to Reserves 0 Interfunctional Adjustments 11,523 11,526 (3) (0%) Debt Principal & Interest Total Expenditures 68,923 31,156 37,767 Total Net Levy 469 38,489 38,020 Notes 1 Allocation of staff time 2 Supplies Expense under Snow Removal under 3 Subcontractor Snow Clearing Expense under Page 68 of 199 OPD 21-22 Page 10 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 50,000 50,000 0% User Charges 136,368 125,645 (10,723)(8%)1 Total Revenues 186,368 175,645 (10,723) Expenditures Labour 29,880 32,948 (3,068) (10%) Purchases 43,329 39,002 4,327 (10%) Contracted Services 20,503 16,706 3,797 (19%) Interfunctional Adjustments 5,147 5,391 (244) (5%) Debt Principal & Interest Total Expenditures 98,859 94,047 4,812 Total Net Levy 87,509 81,598 (5,911) Notes 1 Fuel Sales/purchases Page 69 of 199 OPD 21-22 Page 11 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 31,603 10,702 (20,901)(66%)1 Total Revenues 31,603 10,702 (20,901) Expenditures Labour 5,540 5,174 366 (7%) Purchases 27,506 606 26,900 (98%)1 Contracted Services 26,747 7,733 19,014 (71%)2 Interfunctional Adjustments 33,206 33,198 8 (0%) Total Expenditures 92,999 46,712 46,287 Total Net Levy (61,396)(36,010)25,386 Notes 1 Bag Tag sales/inventory purchases 2 Large Item Bins - Transfer Station 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 76,700 81,240 4,540 (6%) User Charges 2,807 3,067 260 (9%) Total Revenues 79,507 84,307 4,800 Expenditures Labour 6,570 2,509 4,061 (62%) Purchases 248 1,793 (1,545) (623%) Contracted Services 36,666 33,984 2,682 (7%) Interfunctional Adjustments 2,128 2,124 4 (0%) Total Expenditures 45,612 40,410 5,202 Total Net Levy 33,895 43,897 10,002 Page 70 of 199 OPD 21-22 Page 12 of 12 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 75,000 (77,779)(152,778.88) User Charges 7,481 1,766 (5,714.60) Total Revenues 82,481 (76,012)(158,493.48) Expenditures Labour 15,259 5,853 9,405.57 Purchases 7,657 6,215 1,441.55 Contracted Services 91,125 55,709 35,415.73 Total Expenditures 114,041 67,778 46,262.85 Total Net Levy (31,560)(143,791)(112,230.63) Notes All expenditures offset from Provincial Grant Page 71 of 199 Page 1 of 6 Subject: 2021 First Quarter Building, Planning and By-Law Services Results Report Number: OPD 21-21 Department: Operations and Development Submitted by: Geno Vanhaelewyn, CBO Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives Report OPD 21-21 - 2021 First Quarter Building, Planning & By- Law Services Results as information. BACKGROUND This report contains information on activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2021 to March 31, 2021. DISCUSSION BUILDING SERVICES Construction activity in the Town of Tillsonburg has continued to remain record setting in terms of overall permits issued and the total value of construction for the first quarter. A slight decrease in industrial, commercial and institutional sectors with the main activity recorded in residential. These activities are noted in the tables below. 2021 – Building Permit Activity Overview – Q1 ending (Jan 1/21 – Mar 31/21) Total Permits Issued 132 Total Construction Value $25,470,132 Total Permit Revenue $379,768 Page 72 of 199 OPD 21-21 Page 2 of 6 VALUE OF CONSTRUCTION COMPARISON Value of Construction Comparisons (Jan 1/21 – Mar 31/21) Type 2015 2016 2017 2018 2019 2020 2021 Residential (Value) 3,575,293 4,286,562 3,911,090 7,550,226 5,089,508 15,574,762 24,397,902 Commercial (Value) 135,300 1,005,261 476,880 1,143,580 303,200 976,510 679,230 Industrial (Value) 41,600 2,000 168,254 165,000 156,300 2,702,800 358,000 Institutional (Value) 226,668 0 0 36,000 1,506,500 50,300 35,000 TOTAL 3,978,861 5,293,823 4,556,224 8,894,806 7,055,508 19,304,372 25,470,132 Residential $24,397,902 Industrial $358,000 Commercial $679,230 Institutional $35,000 Page 73 of 199 OPD 21-21 Page 3 of 6 Number of Permits Issued (Jan 1/21 – Mar 31/21) Type 2014 2015 2016 2017 2018 2019 2020 2021 Single Detached Dwellings 14 15 19 13 22 11 27 34 Total Dwelling Units 14 20 20 17 12 21 31 84 Total All Permits 55 54 59 89 81 54 92 132 Residential Development Developer Number of Single Detached Dwellings Performance Communities Inc – Hayhoe Homes 28 Trevalli Homes – Beech Boulevard 3 Private 3 Inspection Activity Comparisons (Jan 1/21 – Mar 31/21) Output Measures/Activity 2016 2017 2018 2019 2020 2021 Building Inspections Completed 212 353 256 299 346 583 Major Construction/Development Projects:  3 John Pound – new 4 story/33 unit apartment building  6 Rouse – new church – New Brethren Church  18 Harvest – new church – First Baptist Church  360 Quarter Town Line – townhouse condos  Northcrest Estates Subdivision – 76 singles & 72 towns - Hayhoe Homes  101 North St E – 59 unit townhouse development  61 Vienna – 26 unit townhouse development  Potters Gate Phase 3 – 53 singles & 26 towns – Oxnard Developments Building Financial Impact Financial records indicate that the Building sector has a surplus of $196,986 for Q1. The increase in building permit activity is a direct result of the increased revenue found in Page 74 of 199 OPD 21-21 Page 4 of 6 the attached financial summary to this report. The forecast at this time for year end is to be on budget. PLANNING SERVICES 2021 – Planning Activity (Jan 1/21 – Mar 31/21) Output Measures/Activity 2016 2017 2018 2019 2020 2021 Minor Variance Applications 2 1 5 2 4 8 Zone Change Application 2 3 3 6 3 5 Site Plan Formal Consultations 3 2 2 1 0 1 Site Plan Approvals 2 1 1 5 1 1 Site Plan Applications (in progress) 5 4 9 5 5 8 Subdivision Agreements 0 2 0 2 2 2 Pre-Servicing Agreements 2 0 Plans of Subdivision 1 Severances 4 Site Plan Applications (in progress)  49 North Street East  500 Broadway  301 Tillson Avenue  14 Glendale  116 Simcoe Street  261 Broadway  61 Vienna Road  19 Van Street BY-LAW SERVICES Records indicate that by-law and property standard enforcement activities and occurrences are up from previous years. Animal licencing is up from previous years and the variance in parking tickets issued is directly related to COVID-19 lockdowns. These activities are noted in the table below. Page 75 of 199 OPD 21-21 Page 5 of 6 2021 – By-Law Activity (Jan 1/21 – Mar 31/21) Output Measures– Quantity 2017 2018 2019 2020 2021 Parking Tickets Issued 198 179 266 358 128 Animal Tags Issued Cats 756 632 472 673 806 Dogs 1634 1855 960 1440 1851 Enforcement – Complaints and Occurrences Parking, Noise, Garbage, Taxi 23 32 - - 59 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 61 52 - - 42 Animal Control 70 48 - - COVID-19 - - - - 24 By-Law Financial Impact Financial records indicate that the Protection/By-Law sector has a surplus of $19,332 for Q1. The increase in animal licencing and reduction in Crossing Guard Labour are a direct result of the surplus found in the attached financial summary to this report. The forecast at this time for year end is to be on budget. DEPARTMENTAL TASKS 2021 Business Plan Objectives Objective Target Project Status Review Amanda Building Permitting Software Solution Mobility Options – Provided via Cloudpermit Q2 Complete Implement Permit Web Portal & Digital Service Delivery Q1 Complete Communicate Building Code Amendments Q4 In Progress By-Law Reviews – Building By-Law, Traffic By-law, Garbage/Dumping By-Law, Clean Yard Q4 In Progress Animal Control Contractor RFQ Q2 In Progress Central Area Design Study – Façade Improvement Program Q4 In Progress Central Area Design Study – Public Objectives – Alley Connecting Walkways Proposal Q3 In Progress Review Planning Process & Procedures Q1 Q3 In Progress Review Planning Submission Web Portal Options & Digital Service Delivery Q4 In Progress Review Innovative Options related to MMAH More Homes, More Choice: Ontario’s Housing Supply Action Plan - secondary dwelling units, tiny homes, etc. Q4 Not started Page 76 of 199 OPD 21-21 Page 6 of 6 CONSULTATION N/A FINANCIAL IMPACT/FUNDING SOURCE See attached financials. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – 2021 Q1 Budget vs Actual – Building Appendix B – 2021 Q1 Budget vs Actual - Protection Page 77 of 199 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 200,372 401,592 201,220 (100%)1 Total Revenues 200,372 401,592 201,220 Expenditures Labour 119,120 126,092 (6,972) (6%)2 Purchases 16,228 13,486 2,742 (17%) Contracted Services Contribution to Reserves Interfunctional Adjustments 22,322 22,326 (4) (0%) Total Expenditures 157,670 161,904 (4,234) Total Net Levy 42,702 239,688 196,986 Notes 1 Permit Revenue over 2 FT OT over $6,000 Any surplus at year end will contributed into the Building Deserve Obligatory Reserve Page 78 of 199 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 18,572 31,838 13,266 (71%)1 Total Revenues 18,572 31,838 13,266 Expenditures Labour 57,120 51,045 6,075 (11%)2 Purchases 8,213 10,131 (1,918) (23%) Contracted Services 3,750 1,832 1,918 (51%) Interfunctional Adjustments 7,294 7,302 (8) (0%) Total Expenditures 76,377 70,310 6,067 Total Net Levy (57,805)(38,473)19,332 Notes 1 Licence fees over - Animal control $14,800 2 Net labour under $6,100 - Crossing Guards Savings resulting from COVID Page 79 of 199 Page 1 of 3 Subject: 2021 First Quarter Recreation, Culture and Parks 2021 Results Report Number: RCP 21-13 Department: Recreation, Culture and Parks Submitted By: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Report RCP 21-13 – Recreation, Culture & Parks 2021 Q1 Results be received as information. BACKGROUND This report provides Council with the January 1, 2021 to March 31, 2021 Department year-to-date operational and financial results for Recreation, Culture & Parks Department. DISCUSSION 2021 Business Objectives and Capital Projects Item Target Date Q1 Status Update MOU with BIA Q1 Complete Develop RCP 10-Year Capital Plan Q1 Complete Complete 2021 RCP Capital Budget Q1 Complete Implement Recommendations from RCP Departmental Service Review Q4 Complete Tillsonburg Community Centre Aquatic Rehabilitation Project 2021-23 Subject to Grant Approval Review and update MOUs and User Agreements Q4 Ongoing Update Cemetery Bylaw Q1 Complete Page 80 of 199 RCP 21-13 Page 2 of 3 Item Target Date Q1 Status Cemetery Laneway Resurfacing Phase 1 Q3 On Schedule Cemetery Office Upgrades Q3 On Schedule Complete Staffing Review & Recruitment Q1 Complete Dog Park Enhancements Q3 On Schedule Perfect Mind / Legend Conversion Q3 On Schedule Capital Fundraising Strategy Q4 Delayed due to COVID-19 Grow participation in Corporate Memberships and Personal Training 2021 Delayed due to COVID-19 Increase marketing of Halls and Meeting Room Rentals to generate additional revenue 2021 Delayed due to COVID-19 Increase School Programming 2021 Delayed due to COVID-19 Marketing & Promotion Delivery Strategy Q3 Complete & Ongoing Tillsonburg Sesquicentennial (2022) 2021 Delayed due to COVID-19 Continued Town beautification with BIA & Horticultural Society Q2 Ongoing Work with TMBI on Optimist, Kiwanis & HB#1 ball diamond enhancements Q3 On schedule Update Corporate Facility Fire Safety Plans Q4 On schedule Replace indoor pool lane ropes & carts Q1 Complete Install walls at Kinsmen Band Shell Q4 On Schedule Update signage at TCC/Memorial Park Q3 On Schedule LLWP New Waterslide Installation Q2 On Schedule Annual Playground Replacement Glendale Park Q1 Complete Annual Playground ReplacementOptimist/Rotary Park Q2 Complete OPP Station HVAC upgrades Q3 On Schedule Station Arts HVAC Replacement Q3 On Schedule Annandale House Boiler Replacement Q3 On Schedule Customer Service Centre Facade Q2 On Schedule CSC Security Camera Replacement Q3 On Schedule Page 81 of 199 RCP 21-13 Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE Due to COVID-19 continued restrictions to programming and facility bookings at the Community Centre and ANHS impacted Q1 revenue due to stay-at-home orders from the Province. Numerous cost containment and staff redeployments have been implemented. Discretionary expenditures will continue to be held in abeyance to help mitigate any year-end deficits. With the Tillsonburg Vaccine Clinic implemented a few weeks ago, many of our RCP staff have been assigned to various tasks. Their time will be compensated by Oxford County/SWPH and the Province. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE: 1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS: Appendix A – 2021 First Quarter RCP Year-to-date financial details Page 82 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 33,789 40,720 6,931 (21%) 1 Other Revenue 4,626 6,660 2,034 (44%) Total Revenues 38,415 47,380 8,965 Expenditures Labour 31,540 22,097 9,443 (30%) 2 Purchases 8,900 8,913 (13) (0%) Contracted Services 3,672 1,865 1,807 (49%) Interfunctional Adjustments 19,181 19,173 8 (0%) Debt Principal & Interest Total Expenditures 63,293 52,048 11,245 Total Net Levy (24,878) (4,667) 20,211 Notes 2 Net labour under - Allocation between Departments 1 Niche Sales over $7,200 Page 83 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 1,000 1,000 Other Revenue Total Revenues 1,000 1,000 Expenditures Labour 39,061 38,630 431 (1%) Purchases 10,791 12,768 (1,977) (18%) Contracted Services 21,900 11,765 10,135 (46%) 1 Contribution to Reserves 0 Interfunctional Adjustments 24,094 24,102 (8) (0%) Debt Principal & Interest 19,992 20,139 (147) (1%) Total Expenditures 115,838 107,405 8,433 Total Net Levy (115,838) (106,405) 9,433 Notes 1 Subcontractor under - Trees Page 84 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 8,500 6,000 (2,500)(29%) Total Revenues 8,500 6,000 (2,500) Expenditures Labour 1,550 1,550 (100%) Purchases 57,700 49,901 7,799 (14%) 1 Total Expenditures 59,250 49,901 9,349 Total Net Levy (50,750) (43,901) 6,849 Notes 1 Cultural Grant and Family Day Grant Page 85 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 10,675 10,675 0% User Charges 160,645 75,331 (85,314)(53%) 1 Other Revenue 1,950 46 (1,904)(98%) Total Revenues 173,270 86,052 (87,218) Expenditures Labour 322,623 281,049 41,574 (13%) 2 Purchases 54,999 51,226 3,773 (7%) Interfunctional Adjustments 37,078 37,074 4 (0%) Total Expenditures 414,700 369,349 45,351 Total Net Levy (241,430) (283,297) (41,867) Notes 1 Membership Revenue over $4,900; Seasonal Revenue over $9,200; Youth Program Revenue under $12,600; Minor Hockey Revenue over $6,100; Programs under $47,000; Figure Skating over $9,900; Rent Revenue under $57,700 2 PT labour under $35,000 - COVID related Page 86 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 1,100 1,100 Specified Revenue 445 445 Total Revenues 1,545 1,545 Expenditures Labour 264,234 200,895 63,339 (24%) 1 Purchases 163,568 145,387 18,181 (11%) 2 Contracted Services 92,397 87,984 4,413 (5%) Interfunctional Adjustments 23,353 23,349 4 (0%) Debt Principal & Interest 6,394 6,422 (28) (0%) Total Expenditures 549,946 464,037 85,909 Total Net Levy (549,946) (462,493) 87,453 Development Charges DC Revenue Collected (73,470) DC Contribution to Reserves 73,470 Page 87 of 199 2021 2021 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 9,980 9,980 1 User Charges 320 320 Other Revenue 750 678 (73)(10%) Contribution from Reserves Total Revenues 750 10,977 10,227 Expenditures Labour 62,213 57,101 5,112 (8%) 2 Purchases 19,418 19,914 (496) (3%) Contracted Services 3,750 1,745 2,005 (53%) Interfunctional Adjustments 5,503 5,499 4 (0%) Total Expenditures 90,884 84,260 6,624 Total Net Levy (90,134) (73,283) 16,851 Notes 1 Provincial Grant - Digitial Grant 2 FT labour under Page 88 of 199 Page 1 of 3 Subject: Affordable Housing Committee and Boundary Adjustment Committee Appointments Report Number: CAO 21-06 Department: CAO’s Office Submitted by: Laura Pickersgill, Executive Assistant Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT the following individuals be appointed to the Affordable Housing Committee of Council: Elyse Pelland, Gary Green, Lisa Lanthier (Manager of Human Services, Oxford County), Rebecca Smith (Manager of Housing Development, Oxford County), Collette Takacs, (EDAC Representative), Suzanne Renken (EDAC Representative) and Cedric Tomico (EDAC Representative); AND THAT the following individuals be appointed to the Boun dary Adjustment Committee of Council: Samantha Hamilton, Andrew Burns (EDAC Representative), Cedric Tomico (EDAC Representative) and Jesse Goossens (EDAC Representative). BACKGROUND At the Council meeting held on April 12, 2021, Council established an Affordable and Attainable Housing Subcommittee and a Boundary Adjustment Subcommittee. The composition of each of these Committees is to include three members from the Economic Development Committee and two members of the public. The Affordable and Attainable Housing Committee is to include one representative from Oxford County Social Services: Housing Division. DISCUSSION The advertisement for these Committee vacancies was placed in the Community Update section of the Tillsonburg newspaper and on the Town’s social media page. There were only a few committee applications received. The nominations committee Page 89 of 199 CAO 21-06 Page 2 of 3 met and reviewed the submitted applications. The following applicants are being recommended by the committee to fill the vacancies for members of the public: Elyse Pelland and Gary Green are being recommended as the public appointees to the Affordable and Attainable Housing Subcommittee. The Council Nominating Committee recommends the appointment of Samantha Hamilton to the Boundary Adjustment Subcommittee and that Council not fill the second public position at this time. The Economic Development Advisory Committee met on May 11, 2021 and passed the following resolutions: THAT the Economic Development Committee recommends to Council the appointment of the following Committee members to form part of the Affordable Housing Subcommittee: Collette Takacs, Suzanne Renken and Cedric Tomico. THAT the Economic Development Committee recommends to Council the appointment of the following Committee members to Council to form part of the Boundary Adjustment Subcommittee: Andrew Burns, Cedric Tomico and Jesse Goossens. Staff reached out to the housing division of Oxford County Social Services. County staff have noted that two individuals would provide proper representation for this Committee. Lisa Lanthier, Manager of Human Services, Oxford County, is being recommended to form part of the Committee as she brings an area of expertise in social housing, homelessness, emergency housing and Ontario Works Benefits. Rebecca Smith, Manager of Housing Development, Oxford County, is being recommended for inclusion on the Committee as she brings an area of expertise in affordable housing development builds. All of these recommendations have been outlined in the attached draft b y-law 2021-057. CONSULTATION Nominations Committee; Economic Development Advisory Committee; Oxford County Social Services: Housing Division FINANCIAL IMPACT/FUNDING SOURCE None COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives Page 90 of 199 CAO 21-06 Page 3 of 3 ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS None. Page 91 of 199 Page 1 of 3 Subject: Committee Appointments Report Number: CS 21-19 Department: Corporate Services Department Submitted by: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. DISCUSSION The Tillsonburg Dog Park Advisory Committee had an identified vacancy following a member submitting their resignation. The terms of reference for the committee requires a minimum of seven members and a maximum of nine members; the committee is currently comprised of six members. An advertisement seeking applications to fill the vacancy was included in the newspaper on April 21 and 28, as well as posted on the Town’s website and Facebook page. The deadline for applications was May 5. There were five submissions received. The Council Nominating Committee consisting of Mayor Stephen Molnar, Councillor Gilvesy, Councillor Luciani and the Town Clerk met to review the applications on May 12. The Council Nominating Committee recommends the following individuals be appointed to the Tillsonburg Dog Park Advisory Committee: Katie Benko, Steve Cluett and Karen Clipson. In addition, the Council Nominating Committee recommends the appointment of Christian Devlin to the Recreation and Sports Advisory Committee, which would bring the Committee’s membership to eight members. A by-law to appoint the additional members will be brought before Council for consideration. Page 92 of 199 CS 21-11 Page 2 of 3 By-Law 4247 Schedule A has been updated to reflect recent member resignations from advisory committees by removing the following names. There are no identified vacancies to be filled at this time: Brad Holden, Tillsonburg Dog Park Advisory Committee Eugene Todd, Recreation and Sports Advisory Committee Eugene Todd, Memorial Park Revitalization Advisory Committee FINANCIAL IMPACT/FUNDING SOURCE None. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS None. Page 93 of 199 CS 21-11 Page 3 of 3 Page 94 of 199 Page 1 of 5 Subject: Offer to Purchase – Lot 3, Van Norman Innovation Park Report Number: EDM 21-17 Department: Economic Development & Marketing Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report EDM 21-17 Offer to Purchase – Lot 3, Van Norman Innovation Park; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with 1677123 Ontario Inc for the property described part of Lot 3 in the Van Norman Innovation Park and to be described by a new reference plan. BACKGROUND The purpose of this report is to seek Council approval to enter into an Agreement of Purchase and Sale with 1677123 Ontario Inc for the sale of two and a half acres of industrial land in the Van Norman Innovation Park. The proposed investment will result in the construction a 20,000 square foot industrial building to enable the expansion of an advanced manufacturing business to the Town of Tillsonburg along with the creation of approximately five jobs initially with the potential for more employment as the company grows. DISCUSSION 1677123 Ontario Inc is the holding company for Langtry Blast Technologies Inc/1562605 Ontario Inc. Langtry Blast Technologies is currently located in Burlington where they have been since 2003. In 2020, they identified the need to expand their business in order to meet their needs for more space as well as increasing their service area for clients in the aerospace sector. Page 95 of 199 EDM 21-17 Page 2 of 5 Figure 1 – Subject Property: 1677123 Ontario Inc The details of their offer to purchase are: Initial Offer Price $125,000 Acreage 2.5 Acres Price/Acre $50,000/Acre Conditional “As-is” Date July 30, 2021 Completion Date Following the registration of the Plan of Subdivision for the Van Norman Innovation Park and by November 30, 2021 Page 96 of 199 EDM 21-17 Page 3 of 5 Proposed Uses Manufacturing of sand blasting machines and service base for existing customers. Purchaser Conditions None Timelines for Development Standard conditions of 1 year to start and an additional year to complete. 1677123 Ontario Inc has submitted an offer with minimal changes to the Town’s standard development covenants. The one exception is to the minimum lot coverage as they are proposing the construction of a 20,000 square foot building, which equates to approximately 18% lot coverage, which is below the standard requirement of 20%. The offer received from 1677123 Ontario Inc will result in the expansion of new manufacturer to the Town of Tillsonburg. Based on a review of the company, it appears that supporting their expansion to Tillsonburg is desirable as they are an Advanced Manufacturing company that will serve to expand and diversify Tillsonburg’s economy. While the initial employment is not that significant, there appears to be significant opportunity for that to increase as Langtry continues to grow their operations. The Development Commissioner is recommending that Council move forward with this agreement. CONSULTATION The Van Norman Innovation Park has been well advertised including on the Town’s website, an on-site sign that has been present since 2009 and many different marketing opportunities and advertisements. The Economic Development Advisory Committee has provided the following points when considering offers to purchaser received:  It was suggested that it could be beneficial to have more of the buildings owner- occupied space but still have some rental space available.  It was suggested that the minimum lot severance be two acres and not any smaller than that.  Potential buyers should be encouraged to access the Community Improvement Plan where applicable. Page 97 of 199 EDM 21-17 Page 4 of 5 Department Comment Response/Reason Building and Bylaw No concerns related to the proposed land sale. As usual, any new development will be subject to site plan approval and the issuance of a building permit. Clerks No response Engineering Purchaser will be subject to site plan application process. Fire Department No concerns Planning The manufacturing of sand blasting machines would fall under a manufacturing plant, which is a permitted use in the MR/MG zones Recreation, Culture & Parks No comments or concerns Tillsonburg Hydro Inc No further comments General servicing plan for the industrial park is being finalized. If these sales proceed, the Purchaser would be required to make a connection request with specific information relating to their development. Duncan, Linton LLP Circulated on March 30, 2021. No concerns. FINANCIAL IMPACT/FUNDING SOURCE The offer to purchase has been received at a value of $125,000 or $50,000/Acre. The land sale revenue from this transaction will be used to pay the Town’s legal and closing costs with the net amount being contributed to the Economic Development Reserve. The funds in the Economic Development Reserve will be used to offset all expenditures related to the development of the Van Norman Innovation Park including servicing costs required to enable the development to proceed. Based on BMA 2019 data of $1.14 per square foot in tax revenue for a standard industrial building, the tax revenue for the proposed 20,000 square feet of building area is estimated at $32,800. However, due to the significant increases in assessed values being experienced across the Province, a new industrial building could have a significantly higher assessed value (although the assessed value would still have to be Page 98 of 199 EDM 21-17 Page 5 of 5 in line with the existing industrial assessments in the area). Hence, it may be appropriate to estimate taxes as being in the $1.75 to $2.25 per square foot range, which would result in an estimated tax bill of $35,000 to $45,000. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Offer to Purchase – 1677123 Ontario Inc Page 99 of 199 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- Ontario Inc./ 1677123 (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a Purchase Price calculated at Fifty thousand Dollars ($ 50.000 ) per acre. The estimated area of the Property is 2.5 acres and the estimated total Purchase Price is One hundred twenty-five thousand Dollars ($ 125,000), The final total Purchase Price shall be determined by the actual lot area of the Property confirmed by on Ontario Land Surveyor. The final total Purchase Price shall be adjusted based on the determined actual lot area. 3. The Purchase Price shall be paid as follows: (a) Twelve Thousand Five Hundred Dollars ($12,500) 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 Buyer's Initials J:/ '= ~ Seller's Initials --- Page 100 of 199 (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draJt. SECTION II • PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 28th day of May, 2021 ("Acceptance"), and when accepted shall constitute a binding contract of purchase and sale, otherwise the APS shall be null and void and all deposit monies paid shall be returned to the Purchaser without deduction. (b) Acceptance shall mean the date upon which the Mayor and Clerk of the Town of Tillsonburg, or such other persons as the Vendor may authorize from time to time, sign and execute this APS subsequent to the requirement that the Council of The Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing and approving the sale of the Property to the Purchaser pursuant to the terms of this APS. (c) The parties agree anq acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, shall negotiate the terms of this APS in good faith. However, the negotiation of the terms of this APS by the Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of Tillsonburg until such time as this APS is authorized and approved by the Council of The Corporation of the Town of Tillsonburg. 5. Council Approval (a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law. · 6. Deed/Transfer (a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the terms of this Agreement. 7. Completion Date (a) The closing of this transaction shall take place following the registration of the Plan of Subdivision for the Van Norman Innovation· Park and by November 30, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in ''as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. Buyer's Initials !A.J-. Seller's Initials --- Page 101 of 199 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser within fourteen (14) days of Acceptance of the APS any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill· CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 30th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this _ Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedule "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and understands that upon Acceptance by the Vendor, and subject to any conditions herein, there shall be a binding agreement of purchase and sale Buyer's Initials /If. L , · Seller's Initials --- Page 102 of 199 between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the construction of a building and not for the purpose of resale of vacant land. SECTION IV· PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property Buyer's Initials fl/ L , Seller's Initials --- Page 103 of 199 (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Deed/Transfer (a) The Deed or Transfer of the Property will be prepared at the expense of the Vendor in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/qeed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. Buyer's Initials /l/ l Seller's Initials --- Page 104 of 199 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until one week prior to closing to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non-compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be 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; Buyer's Initials H..L ., Seller's Initials --- Page 105 of 199 (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) (2) (3) (4) (5) Buyer's Initials µ !:-... it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and a notarial true copy of its HST registration confirmation. Seller's Initials --- Page 106 of 199 SECTION VI • MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Buyer's Initials ll/._L Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: ATTENTION: Michael F. Langtry 5390 Munro Court Seller's Initials --- Page 107 of 199 Burlington, ON Fax:(905)6812814 If mailed, such notices must also be given by facsimile transmission on the date it was so mailed. If so given, such notices shall be deemed to have been received on the first business day following the date it was delivered or marked mailed out. 33. Successors and Assigns (a) The Purchaser shall be permitted to assign all of its right, title and interest in and to this APS with the Vendor's written approval, which shall not be unreasonably withheld, including assignment to another corporation with the same shareholders as the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor agrees to engross the Transfer/Deed of Land as directed by the Purchase on the completion Date as the Purchaser may elect, and the Vendor agrees to complete the transaction contemplated by this APS on the Completion Date with such assignee or nominee. The Purchaser is released from all liability hereunder, if it assigns its interest in this APS. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 34. Schedules (a) The follo'wing Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule C" Easement; and, (iv) Schedule "D" Development Covenants. 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upori them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials lj~ Seller's Initials --- Page 108 of 199 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Burlington, Ontario this 13th day of May, 2021. Title: I /2/FS ( Ocrl\./1 Name: Michael F. Langtry Title: President I/We have authority to bi.nd the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials /ll L-, The Corporation of the Town of Tillson burg · Stephen Molnar Mayor Michelle Smibert Clerk We have authority to bind The Corporation of the Town of Tillsonburg. Seller's Initials --- Page 109 of 199 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of part of Lot 2 Concession 5 North of Talbot Road (2.5 acre parcel), and to be described by a new reference plan: Buyer's Initials ~..L. Seller's Initials --- Page 110 of 199 SCHEDULE "B" -PURCHASER CONDITIONS 1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before April 3Q1h 2021, which terms and conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and Agreement arising from the offer shall be at an end and all parties released from their obligations: Buyer's Initials µ ~ . Seller's Initials --- Page 111 of 199 SCHEDULE"C"-EASEMENT TERMS AND PROVISIONS OF THE EASEMENT: I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of Tillsonburg (the "Town"), its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and with the further and continuing right to the Town, its successors and assigns, and its servants, agents and workers to enter upon the lands at any time to construct, repair, correct,· operate, replace and maintain at all times in good condition and repair the municipal services and for every such purpose the Town shall have access to the said lands at all times by its agents, servants, employees and workers. 2. The Town covenants and agrees that, upon completion of any work undertaken hereunder, the Town will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Owner covenants with the Town to keep the lands herein described free and clear of any trees, buildings, structures or other obstructions which may limit the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed, roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything which might injure any of the works of the Town hereon. The term "building" as set out herein shall specifically include any window sills, chimney breasts, cornices, eaves or other architectural features projecting from the first floor of the building but shall not include window sills, chimney breasts, cornices, eaves or other architectural features projecting from the second floor of the building by less than two (2) feet and such second floor projections shall be specifically authorized and allowed to encroach upon the lands herein described. 4. The Town, by the acceptance and registration of the within easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of this easement shall run with the lands herein described and shall extend to and be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. This is an easement in gross. Buyer's Initials µJ_ Seller's Initials --- Page 112 of 199 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS (a) The owner or owners of the property (the "Owner") upon which these development covenants attach (the "Property") covenants and agrees that it may not use the Property for its intended use and may not retain ownership of the Property unless the Owner has constructed a building for such use including obtaining a building permit for a permanent building with a minimum building coverage of twenty percent ( 18%) of the total area of the Property. The Owner further covenants and agrees to commence construction of a permanent building on the Property which complies with the permitted uses of the Property's zoning within one ( 1) year of the date the Owner took title to the Property being the date of registration of transfer (the "Completion Date") and to substantially complete the construction of the said building in conformity with an approved site plan within two (2) years from the Completion Date of this transaction. (b) In the event that the Owner has not obtained a building permit in accordance with the provisions of subclause 1.a) above, the Owner may request from The Corporation of the Town of Tillsonburg (the "Town of Tillsonburg"), in writing, an extension of the time specified in subclause 1.a) above up to a maximum extension period of six (6) months, (such extension, the "Extended Time") upon payment by the Owner to the Town of Tillsonburg of a performance deposit equal to ten (10%) percent of the purchase price of the Property (the "Performance Deposit"). The Performance Deposit shall be refunded to the Owner, without interest, upon the Owner's compliance with and completion of the provisions of subclause 1.a) above within the Extended Time. In the event that the Owner fails to complete construction within the Extended Time, then the Town of Tillsonburg shall, in addition to its other rights and remedies as set out herein or otherwise, be entitled to retain the Performance Deposit as liquidated damages and not as a penalty, in partial or full satisfaction of the Town of Tillsonburg's damages. (c) If the Owner does not comply with the provisions of subclause 1.a) above within the periods therein specifically set out or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notice in writing to the Owner, re- convey good title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in consideration for payment by the Town of Tillsonburg to the Owner of 90% of the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "Discounted Consideration"). The re-conveyance shall be completed within sixty (60) days of the notice set out in this subclause. The Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all of its reasonable costs, realty commission and legal fees incurred with respect to the original conveyance of the Property by the Town of Tillsonburg to the Owner, as well as the costs of the Town of Tillsonburg in re-acquiring the Property, including without limitation, realty commission, registration costs, land transfer tax, legal fees and such other costs as reasonably incurred by the Town of Tillsonburg. The Town of Tillsonburg shall not be required to pay for any improvements that may have been made, constructed, installed or performed by the Owner on the Property. Buyer's Initials HJ--Seller's Initials --- Page 113 of 199 (d) Subject to subclause 1.c) above, the Owner covenants that it will not sell the Property or any part thereof to any person, firm or corporation without first offering, in writing, to sell the Property to the Town of Tillson burg for consideration equal to or less than the consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property less the costs of the Town of Tillsonburg incurred in re-acquiring the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs as reasonably incurred by the Town of Tillsonburg, provided however that the Owner may sell or transfer the Property to a subsidiary or affiliate corporation as defined in the Business Corporations Act, R.S.O. 1990, c.B.16 as amended, provided such subsidiary assumes and confirms its acceptance of the within covenants and restrictions and expressly undertakes in writing to comply with them in such form as the Town of Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of an offer made by the Owner under this subclause, to accept such offer which acceptance shall be in writing. If the Town of Tillson burg does not accept an offer to sell made by the Owner under the provisions of this subclause, the Town of Tillsonburg's right to repurchase the Property so offered shall terminate. However, the remaining provisions of this clause 1 as well as other provisions herein shall continue in full force and effect. The limitation contained in this subclause, will expire upon the Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b) above. 2. Town of Tillsonburg Option on Vacant Portion of Land (a) The Town of Tillsonburg shall have the option to repurchase such vacant portion of the Property not used by the Owner for the construction building(s) thereon provided such land is not reasonably ancillary to the Owner's use and occupation of the said building. (b) This option shall only be exercisable if the Owner has not constructed permanent buildings with a minimum building coverage of thirty percent (30%) of the total area of the Property. (c) The option shall be exercisable by the Town of Tillsonburg for consideration equal to the per square foot consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property. Any costs incurred by the Town of Tillsonburg in re-acquiring the subject portion of the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs shall be at the cost of the Town of Tillsonburg. (d) This option expires ten (10) years from the Completion Date. 3. Development Standards (a) The Owner shall not construct and maintain a building unless the exterior of the wall or walls of any building or structure facing any municipal street is constructed of a minimum sixty (60) percent brick, precast stone, glass, pre-cast concrete or alternative non-steel materials including, but not limited to, stainless steel; decorative glazed terra cotta; ceramic veneer; precast concrete panel; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish and subject to Buyer's Initials tiL! ~ . Seller's Initials --- Page 114 of 199 approval by the Town of Tillsonburg, in their sole and absolute discretion, acting reasonably, through the Town's Site Plan Approval process. (b) The Owner shall not use the Property unless any portion of any area of the Property to be used for open storage shall not be left so that any area is unenclosed, and any such areas shall be enclosed and designed so that the storage area is not visible from any municipal street. No storage shall be permitted within any set back area as set out in the Town of Tillsonburg Zoning By-Law, nor in front of any building or structure facing any municipal roadway. (c) The Owner hereby acknowledges that it is aware that the Property is designated as within a site plan control area. The Owner shall not commence any construction or use the Property until site plan approval has been obtained. The external building materials used on any building to be constructed on the Property must be approved in writing in advance by the Town of Tillson burg as part of such site plan control approval process. 4. Assignment of Covenants (a) The Owner acknowledges and agrees that the covenants and restrictions herein shall run with the title to the Property. The Owner, for itself, its successors, heirs, and assigns in title from time to time of all or any part or parts of the Property will observe and comply with the stipulations, restrictions, and provisions herein set forth (the "Restrictions"), and covenants that nothing shall be erected, fixed, placed or done upon the Property or any part thereof in breach or in violation or contrary to the Restrictions or the provisions of the agreement of purchase and sale between the Owner and the Town of Tillsonburg and that the Owner will require every subsequent purchaser or every successor in title to assume and acknowledge the binding effect of this document, as well as, covenant to observe and comply with the Restrictions and other covenants herein, and the surviving provisions of this Agreement of Purchase and Sale. 5. Force Majeure (a) If the Owner shall be unable to fulfill, or shall be delayed or restricted in fulfilling any of the obligations set out herein due to any act or neglect of the Town of Tillsonburg or any of its employees, or due to strikes, walkouts, lockouts, fire, unusual delay by common carriers, or by any other cause beyond the Owner's reasonable control, then the time for fulfilling any such obligations shall be extended for such reasonable time as may be required by the Owner to fulfill such obligation. 6. Right to Waive (a) Notwithstanding anything herein contained, the Town of Tillsonburg and its successors shall have the power by instrument or instruments in writing from time to time to waive, alter or modify the herein covenants and restrictions with respect Buyer's Initials HJ-, Seller's Initials --- Page 115 of 199 to their application to any part of the Property without notice to or approval from the Owner or notice to or approval from the owners of any other adjacent or nearby lands. Buyer's Initials llA L ' Seller's Initials --- Page 116 of 199 Page 117 of 199 Page 1 of 2 Subject: 2021 Budgetary Estimates and Final Tax Rates Report Number: FIN 21-15 Department: Finance Submitted by: Denis Duguay, Revenue Manager Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report FIN 21-15 2021 Budgetary Estimates and Tax Rates; AND THAT the Final Tax Levy By-Law to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2021 be brought forward for Council consideration. BACKGROUND The Municipal Act provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality and pass a by-law to levy a separate tax rate on the assessment in each property class. The following report presents the By-Law adopting the 2021 budgetary estimates and tax rates to Council for consideration. DISCUSSION An interim levy was passed in January 2021 to raise no more than 50% of the previous year’s property taxes collectable over two initial installments; February 25, 2021 and May 20, 2021. Council is now being requested to levy final rates that will raise the 2021 property taxes collectable. Remaining taxes payable will be paid over two final installments; August 26, 2021 and October 21, 2021. Accordingly, the associated By-Law has been brought forward for Council consideration. Page 118 of 199 FIN 21-15 Page 2 of 2 FINANCIAL IMPACT/FUNDING SOURCE At the Council meeting held on January 11, 2021, Council adopted the 2021 Budget and Business Plans establishing a requirement from taxation for general purposes of $16,730,747. To meet this levy requirement, tax rates founded on the 2016 current value phase-in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. The attached By-Law specifies the approved levy amount along with Schedule “A” that provides for the applicable calculated 2021 tax rates to generate the levy amounts for each requisitioning body. The By-Law will be brought forward later in this meeting for three readings. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Draft By-Law Page 119 of 199 Page 1 of 3 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-____ A by-law to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2021. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, and WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2021, and endorsed by resolution, January 11th, 2021, raising the following amounts from realty taxation be adopted: a. A general municipal levy of $16,730,747 b. A special levy for core area parking of $140,500 c. A special levy for the Business Improvement Area of $139,450 2. That the tax rates hereby adopted for each class for the year 20 21, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the Page 120 of 199 By-Law 2021-___ Page 2 of 3 provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT: Thursday, August 26, 2021 SECOND INSTALMENT: Thursday, October 21, 2021 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2021 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2021, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any ta xes due and unpaid after December 31, 2021 shall be charged on the first day of each calendar month thereafter in which default continues. 6. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 121 of 199 By-Law 2021-____ Schedule A Page 3 of 3 Schedule "A " To By-Law 2021 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00788678 0.00404134 0.00153000 0.01345812 0.00104168 0.01449980 MT MULTI-RESIDENTIAL 0.01577356 0.00808268 0.00153000 0.02538624 0.00208337 0.02746961 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00354905 0.00165167 0.00068850 0.00588922 0.00588922 NT NEW MULTI-RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01308715 0.01308715 CT COMMERCIAL 0.01499908 0.00768582 0.00880000 0.03148490 0.00198107 0.00206352 0.03552949 XT COMMERCIAL NEW CONSTRUCTION 0.01499908 0.00768582 0.00880000 0.03148490 0.00198107 0.00206352 0.03552949 CU EXCESS LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.00138675 0.00144446 0.02751064 CX VACANT LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.00138675 0.00144446 0.02751064 XU COM'L NEW CONST. - EXCESS LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.02467943 IT INDUSTRIAL 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 JT INDUSTRIAL NEW CONSTRUCTION 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 IU EXCESS LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 IX VACANT LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 LT LARGE INDUSTRIAL 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 LU EXCESS LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 PT PIPELINES 0.00993182 0.00508926 0.00880000 0.02382108 0.02382108 FT FARMLAND 0.00171695 0.00087980 0.00038250 0.00297925 0.00297925 R1 FARMLAND DEV PH 1 0.00354905 0.00000000 0.00068850 0.00423755 0.00423755 GT PARKING LOT 0.01499908 0.00768582 0.00880000 0.03148490 0.00206352 0.03354842 Page 122 of 199 Page 1 of 3 Subject: RFT 2021-006 Rolling Meadows Phase 2 Award Report Report Number: OPD 21-23 Department: Operations and Development Submitted by: Shayne Reitsma, Manager of Engineering Meeting Type: Council Meeting Meeting Date: Tuesday, May 25, 2021 RECOMMENDATION THAT Council receives report OPS 21-23, RFT 2021-006 Rolling Meadows Phase 2 Award Report as information; AND THAT Council awards Tender RFT 2021-006 to Euro Ex Construction of Woodstock, ON at a cost of $1,197,660.20 (net HST included), the lowest bid received satisfying all Tender requirements. BACKGROUND A tender was issued on April 14th 2021 for the Rolling Meadows Reconstruction Phase Two with Twenty four (24) plan takers and a total of six (6) bids received by the closing date of May 12th 2021 with the lowest bid from Euro Ex Construction of Woodstock, ON at a cost of $1,197,660.20 (net HST included). DISCUSSION As shown in Figure 1 (attached) this project includes Rolling Meadows Subdivision to be reconstructed to surface asphalt, including concrete curb & gutter, granular materials, watermain, sanitary sewers, storm sewers, catch basins, concrete sidewalk, and boulevard restoration. The tender was advertised on Bids and Tender. Results of the tender are summarized below: Page 123 of 199 OPD 21-23 Page 2 of 3 Bidder Location Bid Amount 1. Euro Ex Construction. Woodstock, ON $1,197,660.20 2. Morley’s Contracting Ltd. London, ON $1,332,502.50 3. Oxford Civil Group Inc. Woodstock, ON $1,430,280.94 4. Gedco Excavating Ltd. Brantford, ON $1,514,573.54 5. Network Sewer and Watermain Ltd. Cambridge, ON $1,690,337.17 6. J-AAR Excavating Limited Ltd. London, ON $1,703,561.10 The above bids include net HST of 1.76%. The bids also include a $60,000 contingency allowance for material testing and any unforeseen expenses en countered during construction. CONSULTATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance, in accordance with the Town’s Public Engagement Policy. FINANCIAL IMPACT/FUNDING SOURCE The combined approved budget in 2021 for this project is $1,722,000 which consists of $1,082,000 funded by the Town and $640,000 funded by Oxford County. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive Page 124 of 199 OPD 21-23 Page 3 of 3 ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Rolling Meadows Reconstruction Phase 2 Page 125 of 199 May 13, 2021 Rolling Meadows Reconstruction Phase 2 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 00 Notes NAD_1983_UTM_Zone_17N 0 Kilometers Page 126 of 199 The Corporation of the Town of Tillsonburg Tillsonburg Dog Park Advisory Committee May 12, 2021 7:00pm Electronic meeting MINUTES Attending: Connie Porter, Roseanne Filion, Wayne Beard, Pete Luciani, Marcie Walters-Turcotte Staff: Christopher Baird, David Drobitch, Margaret Puhr 1.Call to Order 7:03 p.m. 2.Adoption of Agenda Resolution #1 Moved by: Pete Luciani Seconded by: Roseanne Filion THAT the Agenda as prepared for the Tillsonburg Dog Park Advisory committee meeting of May 12, 2021, be adopted. Carried 3.Disclosures of Pecuniary Interest and the General Nature Thereof - none 4.Minutes of the Previous Meeting Resolution #2 Moved by: Pete Luciani Seconded by: Wayne Beard THAT the Tillsonburg Dog Park Advisory Committee Minutes of February 11, 2020, be adopted. Carried 5.Presentations/Deputations - none 6.General Business & Reports – Chris advised that there was a $6,000.00 capital budget for the dog park work for this year. This amount will be included annually in the Capital Budget, however still subject to approval of Council. 6.1. Water – Chris thanked Pete and Wayne for information on the water issues and requests. Stevens Irrigation has provided a plan for water line extension from the cattle barn to both sections of the water park. They offered to do this at no cost. There was discussion about putting some irrigation at the raised beds, the quote was received, with some questions waiting for answers to share with the Page 127 of 199 committee. Although the water source is from the potable Town system , the water does travel a considerable distance through older irrigation lines . Unlikely to be hazardous, human consumption is not recommended. A warning sign will be posted accordingly. A conventional potable system would cost tens of thousands of dollars to otherwise supply water to the park. The work will be done as soon as Stevens are able to schedule it. The system will be included in town’s maintenance plan to winterize at no cost to the committee. Pete wondered if there is a possibility to make a concrete bowl for the water to stay as containers are difficult to keep at the park. Chris will investigate options. 6.2. Perimeter walking path – Wayne wondering about a path around the interior perimeter of the fence for those with canes or maybe even wheelchairs. Chris stated that once the location for the concrete pads is determined, there will be possibility to put down surface similar to trails and paths for easier walking within the defined dog park area. This will form part of an overall long term plan that the Committee can determine. 6.3. Shade area for people – there was discussion about seeking donation from Rona or similar for some shade structures. The committee members will walk the park and will consider the best location for the concrete pads. In the past there was talk about purchasing a gazebo style structure from a company in Mt. Forrest - Yardistry. Rona might be able to get it at cost. https://www.yardistrystructures.com/products/ Chris will provide an overall map of the Dog Park upon which Committee Members can help identify the most preferred location on each side. 6.4. Trees and memorial trees – Wayne would like to see more trees in time. He would like the committee to decide where they should go once an overall plan can be developed. There have been inquiries about memorial trees, these can go in, however the markers would be something other than the stones that have been used in the past. There is an option of memorial plaques at the entrance or within the Bulletin Board sign, to be explored further. 6.5. Road signage – there is only a sign on the barn directing to the Dog Park at this time. Chris provided information that the town is updating all wayfinding signage in town, with some directional signs on Broadway and Tillson. More detailed wayfinding signs will be installed around Memorial Park and the Community Centre. Once there are some mock-ups and locations available from the marketing team, they will be shared with the committee. 6.6. Council feedback on Cadman Park for water dogs – the committee has asked in the past about possibility of using a section of the Cadman Park for dogs who love playing in water. Chris advised that the committee can put a motion and present it to council with the request. Staff would then prepare a report to accompany the motion - this is the preferred process to raise recommendations to the Council floor. Pete and Wayne will work on a motion. There is more background information needed and Staff will find and provide it to assist with drafting of the motion for the next meeting. Page 128 of 199 6.7. Rules on toys in the park – there is a sign at the park “No toys allowed”, wondering where the rule came from and why? Pete advised that the rules were reviewed and determined when the park was being built, and this relates to potential aggression over toys. Should the Committee recommend amendments to the current rules, again a motion to Council would be recommended by staf f. 6.8. General discussion – Roseanne noticed some young children hanging off the new trees and taking toys away from dogs, which should be addressed. The rules speak about children under 12 being accompanied by parents, but not about misbehaviour. There were three people identified to fill the vacancies on the committee, they will be presented at the next council meeting on May 25 and hopefully approved by Council. 7.Next Meeting: Wednesday June 9 8.Adjournment Resolution #3 Moved by: Pete Luciani Seconded by: Connie Porter THAT the May 12, 2021 Tillsonburg Dog Park Advisory Committee meeting be adjourned at 7:46 p.m. Carried Page 129 of 199 The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE April 15, 2021 5:30 p.m. Electronic Meeting MINUTES ATTENDANCE Euclid Benoit, Dan Cameron, Valerie Durston, Deb Gilvesy, Mark Renaud, David Brandon, Jeff Dean, Emily Crombez Absent: Jeff Miller Staff: Dan Locke, Carlos Reyes MEMBERS ABSENT/REGRETS None 1. Call to Order The meeting was called to order at 5:30 p.m. Mark Renaud sat as the Chair for the meeting. 2. Adoption of Agenda Resolution #1 Moved By: David Brandon Seconded By: Deb Gilvesy THAT the Agenda as amended for the Tillsonburg Airport Advisory Committee meeting of March 18, 2021 be adopted, AND THAT the Minutes of the Tillsonburg Airport Advisory Committee Special meeting of March 25th, 202, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting Resolution #2 Page 130 of 199 Moved By: Emily Crombez Seconded By: Dan Cameron THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of January 21, 2021, be approved. Carried 5. Delegations and Presentations - None 6. General Business & Reports 6.1. New Hangar Update - Dan L. gave a quick update that no movement on the Construction of the new hangars due to the Covid restriction. New Applications have come in and a hangar has transferred ownership. 6.2. Safety Spreadsheet Follow -up – Dan L. No reported issue in Datastudio to report on. 6.3. End of Runway Trees - Dan present the committee a plan to resolve the issue and the committee was in support of the direction of the plan. 6.4. Master plan Brief update – Dan L. Asked the committee to submit the online survey by end of day Tuesday April 20. 2021. 7. Correspondence - None 8. Other Business 9. Next Meeting The next meeting of the Tillsonburg Airport Advisory Committee will be at 5:30 p.m. on May 20th, 2021. 10. Adjournment Resolution #3 Moved By: Deb Gilvesy Seconded By: Euclid Benoit THAT the Tillsonburg Airport Advisory Committee Meeting of April 15, 2021 be adjourned at 6:40 p.m. Carried Page 131 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Virtual Meeting Minutes of April 7, 2021 Approved May 5, 2021 The Board of Directors Meeting was held via videoconference, on Wednesday, April 7, 2021 pursuant to section C.9, of the LPRCA’s Administrative By-Law. Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Ben Hodi, Manager of Watershed Services Zachary Cox, Marketing Coordinator Dana McLachlan, Administrative Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, April 7, 2021. 2. Additional Agenda Items MOTION A-39/21 Moved by P. Ypma Seconded by V. Donnell That the LPRCA Board of Directors add “LPRCA day passes to the libraries” under New Business as item 9 (g) to the April 7, 2021 agenda. CARRIED Page 132 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 3. Declaration of Conflicts of Interest None were declared. 4. Minutes of the Previous Meeting a) Board of Directors Annual General Meeting of March 5, 2021 There were no questions or comments. A-40/21 Moved by J. Scholten Seconded by P. Ypma That the minutes of the LPRCA Annual General Meeting held March 5, 2021 be adopted as circulated. CARRIED 5. Business Arising There was no business arising. 6. Review of Committee Minutes There were no committee meeting minutes for review. 7. Correspondence There was no correspondence for review. 8. Development Applications a) Staff Approved applications Staff approved 27 applications since the last meeting held March 5, 2021. Due to the continued high lake levels shoreline protection upgrades, and raising and floodproofing dwellings and cottages continue to be completed within the watershed. LPRCA-14/21, LPRCA-20/20, LPRCA-21/21, LPRCA-23/21, LPRCA-32/21, LPRCA-34/21, LPRCA- 36/21, LPRCA-37/21, LPRCA-38/21, LPRCA-39/21, LPRCA-40/21, LPRCA-41/21, LPRCA-43/21, LPRCA-44/21, LPRCA-45/21, LPRCA-46/21, LPRCA-48/21, LPRCA- Page 133 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - 52/21, LPRCA-53/21, LPRCA-54/21, LPRCA-55/21, LPRCA-56/21, LPRCA-57/21, LPRCA-58/21, LPRCA-59/21, LPRCA-60/21 and LPRCA-62/21 All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-41/21 Moved by I. Rabbitts Seconded by T. Masschaele That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated March 26, 2021 as information. CARRIED b) New applications The Planning Department staff recommended nine applications for approval. Applications consisted of new dwellings, dwelling replacements, and associated grading. A-42/21 Moved by S. Patterson Seconded by D. Beres THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-50/21 LPRCA-66/21 LPRCA-70/21 LPRCA-51/21 LPRCA-67/21 LPRCA-63/21 LPRCA-68/21 LPRCA-64/21 LPRCA-69/21 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED Page 134 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - 9. New Business a) General Manager’s Report J. Maxwell reported on LPRCA requirements and actions as per the amended Conservation Authorities Act. The LPRCA Board structure and size doesn’t conform to the Act but received member municipality approval in 2014. That documentation was submitted to the Minister of the Environment, Conservation and Parks and posted on the LPRCA website by April 3rd as required. The draft minutes of authority meetings will now be posted on the LPRCA website within 30 days of each meeting as required. Staff are currently working on required amendments to the Administrative By-law and once complete will be presented to the board for approval. In regards to today’s lockdown announcement, overnight camping will be cancelled and refunded for the first five nights (May 1 to May 5). Seasonal camping is allowed and will open May 1st as scheduled. A-43/21 Moved by J. Scholten Seconded by V. Donnell That the LPRCA Board of Directors receives the General Manager’s Report for March 2021 as information. CARRIED b) Float Trailer Replacement A tender was issued for a new float trailer and tender packages were sent to six vendors; no bids were received by the deadline. Staff contacted vendors to obtain quotes and was notified that demand and prices had increased and trailers are currently backordered. Staff received only one quote to date from Miska Trailer Factory. The quote is over the approved budget. A-44/21 Moved by I. Rabbitts Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the 2021 Motor Pool – Float Trailer Replacement report as information; And; That the LPRCA Board of Directors approves the quote as submitted by Miska Trailer Factory for $32,395; And; Page 135 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - That the LPRCA Board of Directors approves the transfer of $6,395 from the internally restricted capital levy reserve. CARRIED c) Side by Side (Utility Vehicles) Purchase A tender was issued for two Side by Side (utility vehicles) and tender packages were sent to eight vendors: two bids were received by the deadline. Both bids met or exceeded the requirements specified and are within budget. Staff recommended the tender be awarded to the lowest bidder. A-45/21 Moved by P. Ypma Seconded by I. Rabbitts THAT the LPRCA Board of Directors accepts the tender submitted by Halnor Equipment for the purchase of two new side by side Kioti – Mechron 2200 – Diesel utility vehicles for a unit price of $13,500 and a total price of $27,000 (excluding HST). CARRIED d) Lawn Tractor Purchase A tender was issued for a front-mount diesel riding mower and tender packages were sent to six vendors; two bids were received by the deadline. Both bids met or exceeded the requirements specified and both were over budget. Staff recommended the tender be awarded to the lowest bidder. A-46/21 Moved by T. Patterson Seconded by V. Donnell THAT the LPRCA Board of Directors accepts the tender submitted by Norfolk Tractor for the purchase of one Front-Mount Riding Mower (Kubota F2690) for $23,300 (excluding HST). And, That the LPRCA Board of Directors approves the transfer of $300 from the internally restricted capital levy reserve for the acquisition of the Front-Mount Riding Mower. CARRIED Page 136 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - e) Septic Disposal Services Tender A tender was issued for septic services for the five campgrounds and three bids were received by the deadline. $95,000 was budgeted and $90,000 is the projected cost based on bid pricing and projected volume. Staff recommended splitting the tender to the lowest bidder for each park for cost efficiency. A-47/21 Moved by T. Masschaele Seconded by D. Beres THAT the 2021 contract for septic services at Backus CA, Deer Creek CA and Norfolk CA be awarded to Bayside Septic Services 2021 Inc.; And, THAT the 2021 contract of septic services at Haldimand CA and Waterford North CA be awarded to Frankie’s Pumping. CARRIED f) Health and Safety Policy The Joint Health and Safety Committee (JHSC) met in February to update its Terms of Reference and review the Health and Safety Policy. The committee recommended removing the current policy from the Personnel Policy to a stand-alone policy and updating the Health and Safety Policy to include required sections needed to ensure compliance. The Health and Safety Manual continues to be updated. A-48/21 Moved by J. Scholten Seconded by I. Rabbitts THAT the LPRCA Board of Directors removes Section 31 from the Long Point Region Conservation Authority Personnel Policy; And; That the LPRCA Board of Directors approves the LPRCA Health & Safety Policy as presented. CARRIED g) LPRCA Day Passes to the Libraries Member Ypma reported Provincial Park passes were being made available to libraries to loan out to the public for day-use visits and asked if LPRCA passes could be loaned Page 137 of 199 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 7 - out through the libraries as well. While the board thought it was a good idea, staff will need to study the cost, requirements and feasibility to provide passes to libraries throughout the watershed. A report will be presented to the board at the May meeting. 14. Adjournment The Chair adjourned the meeting at 7:15 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 138 of 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW governing the operations of the Tillsonburg Cemetery under the jurisdiction of the Town of Tillsonburg, in particular, governing the rights, entitlements and restrictions with respect to interment rights, in accordance with the Funeral, Burial and Cremation Services Act, 2002, S.O. 2001, c.33 and to repeal By-Law 3640. WHEREAS The Corporation of the Town of Tillsonburg owns and operates the municipal cemetery known as the Tillsonburg Cem etery, located at 191493 Simcoe Street, Tillsonburg, Ontario; AND WHEREAS the Funeral, Burial, Cremation Services Act, 2002, S.O. 2001, c.33 regulates the operations of cemeteries in Ontario; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it desirable to enact a By-Law to regulate the operation of the Tillsonburg Cemetery; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. DEFINITIONS 1.1. ACT and FBCSA means the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33 and all amendments thereto together with all Regulations prescribed thereunder. 1.2. BODY means the body of a deceased person. 1.3. BURIAL means the opening and closing of an in-ground lot or plot for the disposition of human remains or cremated human remains. 1.4. BURIAL PERMIT means a permit for the burial of human remains issued by the Division Registrar. 1.5. BY-LAWS mean the rules and regulations that govern the operation of the Cemetery. 1.6. BRONZE PLAQUE means an ornament of bronze affixed to a columbarium niche. 1.7. CARE AND MAINTENANCE FUND means the trust fund in which a percentage of the purchase price of all Interment Rights and set amounts for Page 139 of 199 By-Law 2021-___ Page 2 of 32 monument and marker installations is contributed; and wherein the interest earned from such fund is used to provide care and maintenance of lots, plots, markers, monuments and structures at the Cemetery. 1.8. CEMETERY means the Tillsonburg Cemetery located at 191-193 Simcoe Street, Tillsonburg, Ontario. 1.9. CEMETERY MANAGER means the Director of RCP or his/her designate appointed to oversee the Operations of the Department. 1.10. CEMETERY SUPERVISOR means the person, or designate who maintains the cemetery grounds; opens and closes graves and niches; and represents the Town for all interments/inurnments. 1.11. CEMETERY OPERATOR means The Corporation of the Town of Tillsonburg who is the owner of the Tillsonburg Cemetery. The town offices are located at 200 Broadway, Suite 204, Tillsonburg, Ontario. 1.12. CEMETERY PRICE LIST means a list of the rates for the supplies and services of the Cemetery as described in the Town’s most current Tariff of Fees By-Law. 1.13. COLUMBARIUM means a structure designed for inurnment of cremated human remains in sealed compartments. 1.14. CONTRACT means the contract that is required to be signed by a representative of the Cemetery Operator and all purchasers of interments rights and which details the obligations of both parties and acceptance of the cemetery By-Laws. 1.15. CREMATED REMAINS means the residue after cremation of the body and of the casket or container in which it was received. 1.16. DEFINED FLOWER BED means a flowerbed free of weeds and grass and created in accordance with the cemetery’s rules and regulations. 1.17. DESIGNATE means the person authorized by the Cemetery Supervisor and/or Cemetery Manager to act on their behalf on a temporary basis. 1.18. FOUNDATION means the below-ground concrete structure upon which rests the base stone of a monument. Page 140 of 199 By-Law 2021-___ Page 3 of 32 1.19. GRAVE (also known as lot) means an in-ground burial space intended for the interment of a child, adult or cremated human remains. 1.20. HUMAN REMAINS means a dead human body or the remains of a cremated human body. 1.21. INTERMENT means a burial of human remains and includes the placing of human remains in a lot. 1.22. INTERMENT RIGHTS means the right to require or direct the interment or inurnment of human remains in a grave, lot, niche and direct the associated memorialization. 1.23. INTERMENT RIGHTS CERTIFICATE means the document issued by the Cemetery Operator to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights. 1.24. INTERMENT RIGHTS HOLDER means the person who holds the interment rights to inter human remains in a specific lot whether the person be the purchaser of the rights, the person named in the Interment Rights Certificate or such other person to whom the interment rights have been assigned and shall be listed in the records of the Cemetery. 1.25. INURNMENT means the placing of cremated human remains in a niche. 1.26. LOT means an area of land in a cemetery containing, or set aside to contain, human remains and includes a niche in the Columbarium. 1.27. MARKER means any permanent memorial structure that is set flush and level with the ground, and used to mark the location of a burial lot. 1.28. MONUMENT means any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot. 1.29. NICHE means a sealed compartment in a Columbarium, designed for the inurnment of cremated human remains. 1.30. PLOT means a parcel of land, sold as a single unit, containing multiple lots. 1.31. PUBLIC REGISTER means the register that is required to be made available to the public and contains the information as prescribed under the FBCSA, Ontario Regulation 30/11. 1.32. REGISTRAR means the Registrar appointed under the FBCSA. Page 141 of 199 By-Law 2021-___ Page 4 of 32 1.33. REGULAR INTERMENT means the interment of human remains which have not been cremated. 1.34. REGULATIONS means the regulations made pursuant to the Funeral, Burial and Cremation Services Act, 2002. 1.35. TRANSFEREE means a person wherein the interment rights with respect to a lot(s) or niche(s), have been either transferred or resold to such person. 1.36. TREASURER means the Treasurer of The Corporation of the Town of Tillsonburg. 1.37. URN means any container used to hold cremated human remains. 1.38. VAULT means a burial chamber (underground). 2. GENERAL INFORMATION 2.1. The Cemetery Operator reserves full and complete control and management of the land, buildings, plantings, roads, utilities, books and records of the cemetery, and complete authority to administer this By-Law regarding all cemetery operations. 2.2. Hours of Operation: (a) Municipal Office hours are Monday to Friday, 8:30 a.m. to 4:30 p.m. (b) Cemetery Office hours are 9 am to 1 pm Monday to Friday. (c) Normal interment or inurnment hours are Monday to Friday, 9:00 a.m. to 3:00 p.m. (d) Visiting hours are daily from dawn to dusk. Interments/Inurnments Outside of Normal Hours of Operation: (a) Interments/inurnments may be requested to take place after 4 pm., Monday to Friday, however additional charges will apply. These charges are identified in the Cemetery Price List. (b) Interments/inurnments may be requested to take place on a Saturday between 9 am and 4 pm, however additional charges will apply. These charges are identified in the Cemetery Price List. Page 142 of 199 By-Law 2021-___ Page 5 of 32 2.3. General Conduct: The Cemetery Operator reserves the full control over the cemetery operations and management of land within the cemetery grounds. (See Section 16 for “Rules for Visitors”). 2.4. The Cemetery Operator is committed to protecting the privacy of its Interment Rights Holders. We collect, use and disclose personal information as required by governing federal and provincial legislation. We do not rent, sell, or trade personal information lists. Individuals may request their personal information in writing at any time to ensure that it is correct and current or to edit it. 2.5. The Cemetery Operator reserves the right, at its cost, to correct any error that may be made by it in making interments/inurnments, in the description of the lot/niche, or the transfer or conveyance of any interment rights. The Cemetery Operator may, at its sole discretion, either, cancel such grant and substitute other interment rights, or lot of equal value and similar location, as far as is reasonably possible; or refund all money paid on account for such purchase. Notice will be given personally to the Interment Rights Holder. If necessary, it may be mailed to the Interment Rights Holder or their legal representative, at their last appearing address in the record books of th e cemetery. In the event any such error may involve the disinterment of remains, the Cemetery Operator shall first obtain the approval of any regulatory authority and the Interment Rights Holder. 2.6. By-Law: The Cemetery Operator shall be governed by this By-Law and all procedures will comply with the Funeral, Burial and Cremation Services Act, 2002, which may be amended periodically. To the extent that an y particular provision of this By-Law is in conflict with the provisions of the Funeral, Burial and Cremation Services Act, 2002, the provisions of the Funeral, Burial and Cremation Services Act, 2002 shall govern and this By-Law shall be deemed to have been amended to conform thereto in all respects. 2.7. By-Law Amendments: All By-Law amendments must be: (a) Published once in a newspaper with general circulation in the locality in which the cemetery is located; Page 143 of 199 By-Law 2021-___ Page 6 of 32 (b) Conspicuously posted on a sign at the entrance of the cemetery; and (c) Delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the By-Law or By-Law amendment pertains to markers or their installations. All By-Laws and By-Law amendments are subject to the approval of the Registrar, Bereavement Authority of Ontario (BAO). 2.8. Liability: The Cemetery Operator will not be held liable for any loss or damage, without limitation (including damage by the elements, Acts of God, or vandals) to any lot, plot, columbarium niche, monument, marker, or other article that has been placed in relation to an interment right save and except for direct loss or damage caused by gross negligence of the cemetery. 2.9. Public Register: A public register will be maintained and made available to the public during regular office hours. 2.10. Pets and Other Animals: Only human remains shall be interred in the cemetery and in no case shall the bodies of any lower animal be placed in any grave in the cemetery. 2.11. Right to Re-Survey: The Cemetery Operator has the right at any time to re- survey, enlarge, diminish, re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities. 3. FINANCIAL 3.1. All fees and charges shall be payable in accordance with the Cemetery Price List which shall be set annually by Council upon recommendation of the Cemetery Manager, who will forward same to the Cemetery Operator. 3.2. Payments for all purchases and services pertaining to the Cemetery shall be paid to the Cemetery Operator as follows: - All interment rights, purchases and services shall be paid in full at the time of purchase or service; - Interments/inurnments shall be paid in full before a burial can take place. Page 144 of 199 By-Law 2021-___ Page 7 of 32 Payments shall be submitted by cash, cheque or debit. Cheques shall be made payable to the “Town of Tillsonburg” (Cemetery Operator). 3.3. All revenue and other monies belonging or pertaining to the Cemetery shall be received by the Treasurer. 3.4. As required by Sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, and a prescribed amount for monuments and markers is contributed into the care and maintenance fund. Income from this fund is used to provide only general care and maintenance of the cemetery. Contributions to the care and maintenance fund are not refundable except when interment rights are cancelled within the thirty (30) day cooling off period. 3.5. The Treasurer shall keep such books, accounts and records as are necessary for properly recording and exhibiting all financial matters pertaining to the Cemeteries as may be prescribed. 3.6. The Treasurer shall maintain, invest, and administer the Care and Maintenance Fund in accordance with the provisions of the Act and the regulations made thereunder. 3.7. The Cemetery Manager shall submit a yearly annual budget to Council setting out operating and capital expenses for approval of Council. In determining the budget, the Cemetery Manager shall not be bound to expend the whole of operating or capital revenues in any year or years but may accumulate and hold or subsequently expend the same or any part thereof, or invest the same or any part thereof. 4. SALE OF INTERMENT RIGHTS 4.1. Purchasers of interment rights acquire only the right to direct the burial of human remains, and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by‐laws. No interment, inurnment, or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full. An Interment Rights Certificate will be issued to the Interment Rights Page 145 of 199 By-Law 2021-___ Page 8 of 32 Holder(s) when payment has been made in full. (See Section 3.2 of this By- Law for rules on payments). The purchase of interment rights is not a purchase of Real Estate or real property. An Interment Rights Holder wishing to resell their interment rights may advise the Cemetery Operator of their intention prior to seeking a third party buyer for their interment rights. (See Section 5 for Resale of Interment Rights). 4.2. The Cemetery Operator has for sale the following interment rights: Regular Lots Cremation Lots Columbarium Niches 4.3. All prices for cemetery lots and services shall be set out in the Cemetery Price List. Prices for lot(s) shall include the applicable portion for deposit to the Cemetery’s Care and Maintenance Fund. (See Section 3.2 for payments regarding interment rights). 4.4. The monies received for interment rights shall be held by the Treasurer for a period of thirty (30) days as prescribed by the Act. 4.5. The Cemetery Operator shall, after the thirtieth (30th) day but before sixty (60) days, transfer the monies received for interment rights into the Cemetery Care and Maintenance Fund and Operating Fund. 4.6. The Cemetery Operator shall provide each Interment Rights Holder at the time of sale with: (a) a copy of the Interment Rights Certificate; (b) a copy of the Contract for Purchase of Interment Rights; (c) a copy of the Cemetery By-Law; (d) a copy of the current Cemetery Price List; and (e) a copy of the Consumer Information Guide. 4.7. In order for the Contract for Purchase of Interment Rights to be valid, it must be signed and dated by both the Purchaser and the duly authorized representative of the Cemetery Operator. Page 146 of 199 By-Law 2021-___ Page 9 of 32 4.8. The Interment Rights Certificate shall specify: (a) the name of the Interment Rights Holder, (b) the size of the lot (c) the location of the lot; (d) the date of purchase (e) the amount paid for the lot (f) the amount to be deposited in the Care and Maintenance Fund (g) the amount of tax; (h) the amount refundable; (i) a statement regarding transfer/resale restrictions of said interment rights; and shall be subject to the provisions of the Funeral, Burial and Cremation Services Act, 2002, and the Ontario Regulations in effect thereunder and to the approved By-Laws of the Cemetery Operator which may be in effect from time to time. 4.9. The purchaser of interment rights shall be provided with a Contract, at the time the Contract is made, which shall indicate: (a) the name, address and telephone number of the Operator; (b) the Operator's licence number as provided by the Registrar; (c) the Contract reference number; (d) the date interment rights were purchased; (e) the name, address and telephone number of the purchaser; (f) the name, address and telephone number of the Interment Rights Holder; (g) the location and dimensions of the lot(s) being purchased; (h) the number and type of interments/inurnments permitted in each lot/niche; (i) the purchase price including an itemized breakdown of cemetery supplies and services charges and all applicable taxes; (j) the amount being set aside for the Care and Maintenance Fund; (k) the existence of a By-Law that governs the operation of the Cemetery and includes restrictions on interment rights in the Cemetery (l) any limitations or restrictions on exercising the interment rights; and Page 147 of 199 By-Law 2021-___ Page 10 of 32 (m) any limitations with respect to markers, lot decorations and private structures. 4.10. A Contract for the provision of licensed supplies or services is not enforceable by the Operator unless, (a) the Contract is written, signed by both parties and complies with the regulations; (b) the Contract sets out the purchaser's cancellation rights under the Act; (c) the Contract sets out all the supplies and services to be provided and the price charged for each of them; (d) the Operator delivers a signed copy of the Contract to the purchaser in the prescribed manner; and (e) in the case of a Contract for the purchase of interment rights, the Operator delivers to the purchaser, (i) a copy of the By-Laws of the Cemetery and written notice as to whether the By-Laws of the Cemetery permit the purchaser to resell the interment rights to a third party, and (ii) a description of the location of the lot that is purchased. 4.11. The Cemetery Operator shall not reserve lots for future purchase. 4.12. A bronze plaque is required to be purchased at the time of purchase of a niche in a Columbarium. (See Section 9 for “Columbarium Regulations”). 4.13. The Interment Rights Holder shall notify the Cemetery Operator in writing within thirty (30) days of any changes in their mailing address. 5. CANCELLATION OR RESALE OF INTERMENT RIGHTS 5.1. Cancellation of Interment Rights within 30 Day Cooling-Off Period: The purchaser of interment rights has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract (“30 - day cooling-off period”) by providing written notice of the cancellation to the Cemetery Operator. The Cemetery Operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation less sums chargeable under the contract or pursuant to the Page 148 of 199 By-Law 2021-___ Page 11 of 32 FBCSA in respect of interment services provided within the 30 day period at the request and with the consent of the Interment Rights Holder or his or her assign or representative. 5.2. Notice of Resale and Transfer of Interment Rights: The Cemetery Ope rator permits an Interment Rights Holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the Cemetery Price List, as long as the sale or transfer is conducted through the Cemetery Operator and the purchaser meets the qualifications and requirements as outlined in this By-Law. 5.3. Resale of Interment Rights after 30 Day Cooling‐Off Period: Unless the interment rights have been exercised the purchaser retains the right to re ‐sell the interment rights. Once payment for the interment rights has been made in full, and an Interment Rights Certificate has been issued, the Interment Rights Holder(s), as recorded on the cemetery records, has right to re ‐sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by‐laws and in keeping with the FBCSA. If any portion of the interment rights in relation to a specific lot have been exercised, the purchaser, or the Interment Rights Holder(s) is not entitled t o re‐sell the interment rights in relation to that specific lot. 5.4. Requirements for Resale of Interment Rights: (a) The Interment Rights Holder(s) intending to sell their rights shall provide the following documents to the Cemetery Operator so that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate etc.: (1) an Interment Rights Certificate endorsed by the current rights holder; (2) a written statement of the number of lots that have been used in the plot and the number of lots that remain available; (3) any other documentation in the Interment Rights Holder(s) possession relating to the rights. (b) The third party purchaser will be provided with the following documents by the Cemetery Operator: Page 149 of 199 By-Law 2021-___ Page 12 of 32 (1) an Interment Rights Certificate endorsed by the current rights holder; (2) a copy of the cemetery’s current by‐laws; (3) a copy of the cemetery’s current price list; (4) a written statement of the number of lots that have been used in a plot and the number of lots that remain available; and (5) any other documentation in the Interment Rights Holder(s) possession relating to the rights. (c) The Cemetery Operator will require: (1) the following Resale Endorsements completed and signed: - Rights Holder(s) Endorsement of Resale; - Acknowledgement of Transferee(s); and - Cemetery Operator Acknowledgement and Acceptance of the Resale. (2) confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re‐ sell the interment rights; (3) a statement of any money owing to the Cemetery Operator in respect to the interment rights. 5.5. Once the endorsed certificate and all required information has been received by the Cemetery Operator from the rights holder(s), the Cemetery Operator will issue a new Interment Rights Certificate to the third party purchaser. 5.6. Upon completion of Section 5.4 and 5.5, the third party purchaser or transferee(s) shall be considered the current Interment Rights Holder(s), and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by‐laws and the FBCSA. 5.7. The Cemetery Operator shall charge an administration fee for the resale or transfer of interments rights in accordance with the current Cemetery Price List. The administration fee is due at the time of resale or transfer. 5.8. Repurchase of Interment Rights: The Cemetery Operator does not prohibit the resale of an interment rights and may repurchase the interment rights from the Rights Holder(s) if the Cemetery Operator so desires and may Page 150 of 199 By-Law 2021-___ Page 13 of 32 negotiate a purchase price so long as the seller acknowledges being aware of the Cemetery Operators current price list amount for interment rights. The Cemetery Operator shall not repurchase the interment rights of any lot or plot wherein the rights have been exercised. Also, the Cemetery Operator shall not repurchase the interment rights of any lot or plot wherein a monument/ marker is installed on said lot or plot, unless the Rights Holder removes such monument/marker at their own expense prior to the repurchase. 6. TRANSFER OF LOTS 6.1. For the purposes of this section, ‘Transfer’ means a gift, a bequest or devolution under a will, but not a resale of interment rights. The Cemetery reserves the right to require the production of a notarial copy of the Will or Certificate of Appointment of Estate of Trustee or other evidence sufficient to prove ownership or authority to deal with the interment rights. 6.2. To ensure the correctness of records of ownership and interments/inurnments, no transfer of any lot/niche or interest therein shall be binding upon the Cemetery until a Transfer Form and such other particulars as may be necessary for proper identification is completed and given to the Cemetery Manager. Upon receipt of the Transfer Form and other documentation if required, and payment of a fee, the transfer shall be made and a new Interment Rights Certificate issued to the Transferee along with a copy of the Cemetery By-Law and price list. 6.3. In the case of a transfer, the Cemetery Caretaker or designate must confirm that all lots transferred are usable prior to an interment taking place. 7. INTERMENTS/INURNMENTS 7.1. The Interment Rights Holder(s) must complete an Order for Interment Form prior to a burial taking place. Should the Interment Rights Holder be deceased, the Order for Interment Form shall be completed by the person Page 151 of 199 By-Law 2021-___ Page 14 of 32 authorized to act on behalf of the Interment Rights Holder, ie. Personal Family Representative, Estate Trustee, Executor, Lawyer or Next of Kin. 7.2. When interment rights are held jointly by two or more persons, an Order for Interment Form will be accepted from either or any of them or their authorized representative. 7.3. Verbal orders for interments/inurnments shall be accompanied by a completed Order for Interment Form prior to an interment/inurnment taking place. 7.4. The Cemetery shall not be responsible for any errors on the Order for Interment Form and shall not be responsible for any errors or misunderstandings that may arise on verbal orders. 7.5. An Authorization Form shall be completed for a request for an interment/ inurnment in the event that the interment rights for a lot/niche are not recorded under the deceased’s name. 7.6. A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the Cemetery Supervisor or designate prior to a burial taking place. A Certificate of Cremation must be submitted to the Cemetery Supervisor or designate prior to an interment/inurnment of cremated remains taking place. 7.7. In accordance with the FBCSA the purchaser of interment rights must enter into a cemetery contract, providing such information as may be required by the Cemetery Operator for the completion of the contract and the public register prior to each interment/inurnment. 7.8. Persons requesting an interment/inurnment shall be held responsible for all charges incurred. The interment/inurnment fees include the opening and closing of a lot/niche. Rates may be adjusted from time to time without prior notice by the Cemetery Operator. (See Section 3.2 for payments regarding interments/inurnments). 7.9. Any person(s) who wishes to make arrangements for an interment/inurnment shall give the Cemetery Operator notice of each interment/inurnment at least Page 152 of 199 By-Law 2021-___ Page 15 of 32 sixteen (16) working hours (2 business days) in advance for summer interments/inurnments (Apr 1 - Nov 30), except under special circumstances. The Cemetery Operator shall be given notice of each interment/inurnment at least twenty-four (24) working hours (3 business days) in advance for winter interments (Dec 1 - Mar 31), except under special circumstances. The Cemetery Operator cannot be responsible for having lots prepared for funerals unless such notice is given by such person(s). 7.10. Every effort will be made to complete a burial on the assigned day and time. If due to inclement weather conditions, health and safety concerns, or conditions beyond the Cemetery Operator’s control, a burial cannot be made at the scheduled time, the burial shall be completed as soon as possible at a later time. 7.11. No interment/inurnment shall be made on Sunday or Statutory Holidays, except upon receipt of a Doctor’s Certificate stating that a burial must be made within twenty-four (24) hours of the death in accordance with the regulation of the Ontario Ministry of Health for control of communicable diseases. 7.12. The opening and closing of graves and niches may only be conducted by Cemetery Caretaker, or those designated to do work on behalf of the Cemetery Operator. 7.13. Cremated remains shall not be permitted to be scattered on a grave. 7.14. Not more than one (1) regular interment shall be permitted in a regular or memorial lot. One regular interment and one cremation interment are permitted in any regular or memorial lot; or up to four cremation interments may be permitted in any regular or memorial lot. 7.15. Remains to be buried in a lot must be enclosed in a casket, sealed securely, and of sufficient strength to permit the burial with the container remaining in tact. The casket must be of a size to permit a burial within the size of the lot. (See Section 7.18 for information regarding vaults). 7.16. Vaults are highly recommended for all regular interments in the cemetery. The Municipality requires vaults for Section 5 and Section 6 of the Cemetery, Page 153 of 199 By-Law 2021-___ Page 16 of 32 however Sections 1 to 4 are declared “no vault” sections. If vaults are to be used for Sections 1 to 4, the Funeral Directors may be required to keep vault sizes to standard or oversize as the placement of jumbo vaults or any vaults larger than oversize may jeopardize a future burial in an adjacent lot. 7.17. Urn vaults with exterior dimensions larger than 18” in length x 18” in width x 18” in height shall not be permitted in the Cemetery. 7.18. An urn may be placed inside a casket to be interred; however, a fee will be required for one (1) regular interment and one (1) cremation interment at the same time as determined by the Cemetery Price List will be required. 7.19. When regular interments are required, the funeral home which is conducting the burial shall be responsible for the supply and operation of lowering devices and artificial grass, whether owned by the funeral home or leased from a supplier by the funeral home. 7.20. The Cemetery Supervisor or designate shall be in attendance at each interment/ inurnment. 7.21. The Cemetery Operator will exercise all due care when making interments and disinterment’s, but it is not responsible for damage to any casket, urn or other container sustained during interment or disinterment. 8. DISINTERMENTS 8.1. Human remains may be disinterred from a lot provided that the written consent (authorization) of the Interment Rights Holder has been received by the cemetery operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received at the cemetery office before the removal of casketed human remains may take place. A certificate from the local medical officer of health is not required for the removal of cremated remains. 8.2. In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the Interment Rights Holder and/or next of kin(s). Page 154 of 199 By-Law 2021-___ Page 17 of 32 8.3. Any person(s) who wishes to make arrangements for a disinterment shall give three (3) days’ written notice to the Cemetery Operator so that arrangements can be confirmed with the South-West Public Health Unit. 8.4. The human remains of persons who have died from contagious diseases may be removed only with the consent of the local medical officer of health or other public official having authority. 8.5. When a disinterment is to take place, the Cemetery Supervisor or designate is responsible to open the grave and the Funeral Director retained for the purpose of the disinterment is responsible to disinter the body. 9. COLUMBARIUM REGULATIONS 9.1. No inurnment shall be made without permission from the Interment Rights Holder or a person authorized to act on the Holder’s behalf. 9.2. No inurnment shall be permitted until all payments due to the Cemetery have been made. 9.3. Niches will be opened only by the Cemetery Supervisor or those designated to do work on behalf of the Cemetery Operator and sealed by them after an inurnment is made. 9.4. No person other than the Cemetery Supervisor or those designated to do work on behalf of the Cemetery Operations shall remove or alter niche fronts. 9.5. Two (2) cremated remains are allowed to be placed in each niche as long as they comply with the dimensions of the niche. 9.6. Any urn which cannot be contained within the niche shall not be inurned. 9.7. Flowers, wreaths and designs placed against or near any part of the Columbarium will be removed. No glass vases or other breakable items should be placed around the Columbarium. Nothing is to be attached to the face of the Columbarium other than the bronze plaque purchased for each niche. 9.8. Any cut flowers/artificial flowers for those inurned in the Columbarium shall be placed in the appropriate plaque. Page 155 of 199 By-Law 2021-___ Page 18 of 32 9.9. In the event of damage to the columbarium, a n iche or the facing thereof caused by someone other than an Interments Right Holder or a contractor or other individual acting under his or her instructions, the Cemetery shall repair or replace the damaged property with material of like kind and quality, but if the material of like kind and quality is not obtainable, the Cemetery may select other material which is as similar as possible to the material which has been damaged and destroyed and which is capable of performing the same function. The Cemetery shall not be responsible for any delay beyond its reasonable control in obtaining the material and completing the required repairs or replacement. 10. MEMORIALS 10.1. No memorial or other structure shall be erected or permitted on a lot until the Care and Maintenance fee has been paid in full. 10.2. In cases where the internments right holder has authorized a third party (e.g. a monument supplier) to act on their behalf, a permission form must be received prior to any work being completed. The permission form must include the signature of the internments right holder (or authorized representative – i.e. executor of an estate) as well as size of the memorial to be installed. 10.3. The Cemetery Operator reserves the right to determine the maximum size of monuments/markers, their composition, their number and their location on each lot with the following conditions: (a) all monuments/markers must be of a size that would not interfere with any future interments. (b) not more than one (1) upright monument and one (1) marker shall be permitted on a single grave where permitted. (c) all monuments and markers shall be constructed of natural stone (i.e. granite) or bronze that is affixed to natural stone. (d) Monument Dimension Guide (Schedule A) Page 156 of 199 By-Law 2021-___ Page 19 of 32 i. all upright monuments shall be placed in the established monu ment row of the lot unless otherwise indicated by the Cemetery Operator. ii. all tablets must have a base underneath that is of greater width and thickness than the tablet (except in cases of boulders or benches) and a height of no less than four inches (4”). iii. on a single lot, the width of the monument (inclusive of any base), shall not exceed thirty inches (30”) in width. If the monument exceeds thirty eight inches (38”) in height, inclusive of any base, then the tablet must be a minimum of eight inches (8”) thick. iv. on multiple lots (i.e. two, three, etc), the width of the monument (inclusive of base or any sub structure), shall not exceed 2/3rds of the total width of the plot. If the memorial exceeds thirty eight inches (38”) in height (inclusive of base) then any tablet must be a minimum of eight inches (8”) thick. v. All monument tablets shall have a minimum thickness of six inches (6”) at the bottom (bed) of the tablet where it meets the top of the base. vi. no monument (inclusive of base or any other sub structure) shall exceed forty eight inches (48”) in height vii. no monument (inclusive of base) shall exceed twenty inches (20”) in thickness when located in an established monument row. viii. in cases where there is no established monument row (in older sections) the Cemetery Operator will determine if a memorial can safely be installed and will determine the maximum size and placement at that time. (e) Flat Marker Dimension Guide (Schedule B) i. all markers will be installed by the Cemetery Operator at the expense of the Interment Rights Holder or entity authorized to act on the Holder’s behalf (e.g. a monument supplier). ii. all concrete pertaining to flat markers (i.e. a concrete border around a marker) will be completed by the Cemetery Operator at their discretion Page 157 of 199 By-Law 2021-___ Page 20 of 32 (once all information has been received) and at the expense of the Interment Rights Holder or entity authorized to act on the Holder’s behalf. iii. at the time a marker is delivered to the cemetery, the Cemetery Operator must be presented in writing (by the Interment Rights Holder or an entity authorized to act on the Holder’s behalf) the size of the marker as well as any information pertaining to the location of the installation. iv. markers must be delivered during established cemetery business hours and in a location designated by the Cemetery Operator. v. a flat marker may be placed in the established monument row of a lot provided there is no upright monument or marker already erected in the established monument row on said lot. vi. a secondary flat marker may be placed directly in front of the monument/marker in a lot that contains an existing upright monument or marker in the established monument row. vii. if there is no established monument row then the Cemetery Operator will determine the location of the marker placement. viii. the minimum thickness (top to bottom) for all flat markers in any section (including footstones) is four inches (4”). ix. on a single lot, a flat marker shall not exceed thirty inches (30”) in width, inclusive of any concrete or granite border. x. on multiple lots (i.e. two, three, etc), a flat marker shall not exceed 2/3rds of the total width of the plot, inclusive of any concrete or granite border. xi. a flat marker placed in the established monument row of a lot shall not exceed twenty inches (20”) in depth (front to back) inclusive of any cement or granite border. xii. a flat marker placed outside of the established monument row of a lot shall not exceed sixteen inches (16”) in depth (front to back) inclusive of any cement or granite border. xiii. only one (1) flat marker is permitted to be installed in the area designated for “Cremation” and “Baby plots” and shall not exceed thirty inches (30”) in width and twenty inches (20”) in depth (front to back) inclusive of any concrete or granite border. Page 158 of 199 By-Law 2021-___ Page 21 of 32 xiv. all markers, in any area, are to be flat (flush) on top and set level with the ground so that a lawn mower can pass safely over them. 10.4. Boulder memorials are discouraged in favour of flat markers, however may be permitted and must adhere to all monument sizing established with the following additions: (a) Only boulders that are made of granite will be allowed. (b) All boulders must have a cut bottom (bed) with a flat surface. (c) All boulders must be thicker (front to back) at the bottom than at the top of the boulder. (d) Boulders sitting on their own (with no base) must have a minimum thickness (front to back) of ten inches (10”) at the bottom where it meets the concrete foundation. 10.5. Granite Benches will be permitted and must adhere to all monument sizing unless otherwise approved by the Cemetery Operator. 10.6. Above grade inurnments will be permitted within memorials but must adhere to all monument sizing established. Urns must be secured in a fashion that will prevent theft or damage and must be approved by the Cemetery Operator. 10.7. No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the monument/marker retailer has been notified by the Cemetery Operator. 10.8. In the event that a monument located on a lot prevents a regular interment from taking place (older sections of the cemetery), only cremated remains will be permitted to be interred on such lot unless the Interment Rights Holder is prepared to remove, at its own expense, such monument/foundation to permit a regular interment to take place. 10.9. No cornerstones shall be permitted to be installed on any grave. 10.10. No monument, footstone, marker or memorial of any description shall be placed, moved or removed without permission from the Cemetery Operator. 10.11. When any monument, gravestone or memorial, of any kind, is to be removed, or any inscription made, the Cemetery Operator shall be notified. Page 159 of 199 By-Law 2021-___ Page 22 of 32 10.12. Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear. 10.13. The Cemetery Operator will take reasonable precautions to protect the property of Interment Rights Holders, but assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. 10.14. The Cemetery Operator does not accept any responsibility or liability for a picture, photograph or monument should a picture or photograph become lost, faded, cracked, damaged or need to be removed. 10.15. Any monument or marker that is deemed a risk to public safety by the Cemetery Operator will result in actions taken in accordance with the Funeral, Burial and Cremation Services Act and Cemeteries Act so as to make the memorial safe. 10.16. The Cemetery Operator reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Cemetery Operator. 10.17. Any contractor performing work at the cemetery at the request of any person who damages any lot, upright monument, marker or other structure, or otherwise does any injury in the cemetery, shall be personally responsible for such damage or injury and in addition thereto, his/her employers shall be liable. 10.18. All work done by monument/marker dealers must be done during regular office hours of the Cemetery, unless special permission is obtained from the Cemetery Operator. 11. FOUNDATION WORK 11.1. A concrete foundation shall be required for all upright monuments. 11.2. All foundations for monuments shall be built by, or contracted to be built for, the Cemetery Operator at the expense of the Interment Rights Holder. 11.3. Foundation work shall be completed at least two times per year (Spring and Fall). However, in light of efficiencies, the Cemetery Operator reserves the right to cancel foundation work should an insufficient number of foundation Page 160 of 199 By-Law 2021-___ Page 23 of 32 orders be received. Foundations are completed from the May 1 to October 31 of each year. 11.4. The foundation shall be built in the designated space and in the exact dimensions of the monument base. If incorrect dimensions have been given on the Foundation Order Form, signed by the Interment Rights Holder or a person authorized to act on the Holder’s behalf, and/or the monument supplier, the foundation will be removed and rebuilt or modified by the Cemetery Caretaker or those designated to do work on behalf of the Cemetery Operator at the expense of the Interment Rights Holder or person acting on behalf of the Holder. 11.5. Foundations will be a minimum of 1.23 metres (4 feet) deep, and they shall be set at the direction of the Cemetery Manager. Foundations must be cured for a minimum of forty-eight (48) hours before placing the monument. 11.6. The charges for the construction of foundations are identified in the Cemetery Price List. 12. CARE OF LOTS 12.1. Income from the Care and Maintenance Fund shall be expended to maintain secure and preserve the cemetery grounds. Such expenses may include, but are not limited to expenses arising from:  Re‐levelling and sodding or seeding of lots  Maintenance of cemetery roads, sewers and water systems  Maintenance of perimeter walls and fences  Maintenance of cemetery landscaping  Maintenance of columbarium  Repairs and general upkeep of cemetery maintenance buildings and equipment 12.2. The Cemetery Operator reserves the right to regulate the articles placed on lots or plots, including those that pose a threat to the safety of all Interment Rights Holders, visitors to the cemetery, Cemetery Contractor or his/her assistant or those designated to do work on behalf of the Cemetery Operator; Page 161 of 199 By-Law 2021-___ Page 24 of 32 prevents the Cemetery Operator from performing general cemetery operations; or are not in keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and disposed of without notification. 12.3. No person shall plant trees or create new flower beds in the cemetery except with the approval of the Cemetery Operator. 12.4. If any trees are situated in the boundaries of any lot shall have, become by means of their roots, limbs or branches or in any way, detrimental to the adjacent lots, drains, roads or walks, or prejudicial to the appearance of the ground or inconvenient to the public, the Cemetery Supervisor or designate may remove such trees or parts thereof. 12.5. No Person other than the Cemetery Supervisor or designate shall cut or remove any sod or in any other way change the surface of the burial lot in the Cemetery. In the event of any such change, the Cemetery Operator may restore the lot to its original grade at the expense of the Holder. 12.6. No unauthorized person shall move grave markers in the cemetery. 12.7. Borders, fences, railing, cut-stone coping and hedges in or around lots are not permitted. 12.8. Moon rays/solar lights shall not be permitted. 12.9. Flat markers with a vase affixed thereto, shall be permitted in the Cemetery, however, the vase shall only be allowed to be raised one (1) week before and one (1) week after Decoration Day (3rd Sunday in August). The vase must be lowered during the remainder of the year for maintenance purposes. 12.10. Nails, wires, glass or breakable pottery/ornamental containers/articles, or any other material that creates a hazard to workers and to visitors when neglected or broken shall not be permitted in the cemetery. The Cemetery Supervisor or designate shall have the authority to remove any neglected containers/articles deemed to be creating a hazard. 12.11. Candles, incense and flammable articles shall not be permitted in the cemetery. 12.12. The Cemetery Operator shall not be responsible for loss or damage to any articles left upon any lot or plot. Page 162 of 199 By-Law 2021-___ Page 25 of 32 12.13. Rubbish shall not be thrown on roads, walks, or any part of the grounds or buildings. Receptacles are provided at convenient locations within the premises for the deposit of weed, decayed flowers, plants, etc. 12.14. When necessary, the Cemetery Supervisor or designate shall lay wooden planks on the burial lots and paths to protect the surface from damage of heavy equipment when undertaking required work within the cemetery. 13. CARE OF LOTS - FLOWERS 13.1. A flower bed should not be created if they are unable to be maintained. The Cemetery Supervisor or designate shall have the right to remove a flower bed if it is not being maintained. The Cemetery Operator, or designate is not responsible for any watering or maintenance of live plants and flowers or artificial decorations. 13.2. Flower beds shall be permitted in front of upright monuments and markers located at the head of lots, but must not exceed 50.8 cm (20 inches) distance from the monument/marker base. Beds are not to exceed the monument/marker width and where there is no monument, flower beds can only be planted by permission of, and under the direction of the Cemetery Supervisor. Planting of borders around lots is prohibited. 13.3. Flower beds and plants, etc. shall not be permitted behind the monument as the rights to this area may belong to other individuals or the Cemetery Operator. Exceptions may apply to those who hold the rights to consecutive lots only upon written approval by the Cemetery Supervisor. 13.4. Flowers, flower beds shall be prohibited on lots designated for flat markers (memorial lots/urn garden). 13.5. Flowers placed on a grave for a funeral shall be removed by the Cemetery Supervisor or designate after a reasonable time to protect the sod and maintain the tidy appearance of the cemetery. 13.6. In the event that a flower bed located on a lot impedes a regular interment, the Cemetery Supervisor or designate shall have the right to remove such Page 163 of 199 By-Law 2021-___ Page 26 of 32 flower bed. It is the responsibility of the lot owner to replace such flower bed if desired. 13.7. To preserve the proper appearance of the grounds, fresh and artificial flower arrangements as well as potted plants are permitted to be placed on cemetery lots between May 1 and October 31. These must be cleaned up and removed by November 1st of each year. 13.8. No glass containers shall be used for flowers. 13.9. Natural winter wreaths or toppers as well as seasonal artificial flowers and wreaths are permitted to be placed on a lot between November 1 and March 31 each year. These must be securely fastened to the monument, or where there is not a monument, mounted on a stand of at least 76.20 cm (30 inches) high securely anchored to the ground. These must be cleaned up and removed by March 31 each year. 13.10. The Cemetery Supervisor or designate reserves the right to remove all natural or artificial flower arrangements, wreaths, potted plants in containers or toppers when they become withered or unsightly, or for other reasons such removals are in the best interest of the cemetery. 14. TREE DEDICATION PROGRAM 14.1. A person wishing to participate in the Tree Dedication Program must complete a ‘Tree Planting Dedication Program’ Form and pay the required fee in accordance with the Cemetery Price List at the time of purchase. 14.2. The Tree Dedication Program includes the planting of one (1) tree and the installation of a natural fieldstone (engraved), at the discretion of the Cemetery Supervisor. 14.3. The tree shall be planted and the marker installed by the Cemetery Supervisor or designate. 14.4. The Tree Dedication Program includes the cost to replace a tree, if necessary, at the discretion of the Cemetery Supervisor. 14.5. Trees for this program shall only be planted in the spring and fall of every year. Page 164 of 199 By-Law 2021-___ Page 27 of 32 15. CONTRACTOR PROVISIONS 15.1. This by‐law applies to all contractors and all work carried out by contractors within the cemetery grounds. 15.2. Any contractor who damages any lot, upright monument, marker or other structure, or otherwise does any injury in the Cemetery, shall be personally responsible for such damage or injury and in addition thereto, his/her employers shall be liable. 15.3. Contractors, monument dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the Cemetery Operator. 15.4. No work will be performed at the cemetery except during the regular business hours of the cemetery, unless approval has been granted by the Cemetery Operator. 15.5. Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral until the conclusion of the service. The Cemetery Operator reserves the right to temporarily cease contractor operations at their sole discretion if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the cemetery. 15.6. Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage. 15.7. Any contractor who has been requested by an Interment Rights Holder to perform any type of work is required to contact the Cemetery Supervisor for permission to perform such work. 15.8. Contractors performing work at the cemetery for or at the request of any person must provide to the Cemetery Supervisor proof of liability insurance and W.S.I.B. coverage and must comply with all applicable workplace safety and environmental legislation. 15.9. Where the Cemetery Supervisor has received a request by an Interment Rights Holder to perform miscellaneous/custom work (ie. removal of shrubs, Page 165 of 199 By-Law 2021-___ Page 28 of 32 etc.), this work shall be recorded by the Cemetery Manager or his/her designate and the Rights Holder will be invoiced for the work completed as set out in the Cemetery Price List (i.e. materials supplied and the amount of time spent by the Cemetery Caretaker or designate to conduct the work). 16. RULES FOR VISITORS 16.1. All visitors should conduct themselves in a quiet manner that shall not disturb any service being held. 16.2. Any person disturbing the quiet and good order of the cemetery by noise or other improper conduct or who violates these rules, shall be expelled from the grounds. 16.3. The Cemetery Supervisor and/or designate are empowered to preserve order and decorum in the Cemetery. 16.4. No person may damage, destroy, remove or deface any property within the cemetery. 16.5. Any person who, in the cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the Town and any Interment Rights Holder who, as a result, incurs damage. The amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable. 16.6. No parades other than funeral possessions shall be admitted to or be organized within the cemetery. 16.7. Children under the age of twelve (12) are welcome on the cemetery grounds when accompanied by an adult, who shall be responsible for their good conduct. 16.8. Visitors shall not run or walk over the lots or climb upon the monuments. 16.9. Vehicles within the cemetery shall be driven at a moderate rate of speed and shall not leave the roadways. 16.10. All-terrain vehicles or snowmobiles shall be prohibited on the cemetery grounds. Page 166 of 199 By-Law 2021-___ Page 29 of 32 16.11. Proprietors of vehicles and other drivers shall be held responsible for any damage done by their vehicles within the cemetery. 16.12. Discharging of firearms, other than in regular volleys at burial services shall be prohibited in and around the cemetery. 16.13. Only leashed dogs and pets, involved in the interment service or subsequent visitations, will be permitted on the cemetery lands by permission of the Cemetery Supervisor or designate. 16.14. All other dogs and pets are not permitted in the cemetery boundaries. 16.15. Any complaints by Interment Rights Holders or visitors should be made to the Cemetery Supervisor and not the workers on the grounds and controversies with workers or other on the grounds are to be avoided. 16.16. No tips or gratuities are to be given to the cemetery workers by visitors or Interment Rights Holders, nor shall any be accepted by the cemetery workers. 16.17. No signs, notices, or advertising of any kind shall be allowed within the cemetery or within the immediate boundaries of the cemetery except those placed by the Cemetery Operator. 16.18. No picnic party shall be permitted in the cemetery. 17. EFFECTIVE DATE 17.1. In accordance with the Funeral, Burial, and Cremation Services Act, 2002, the provisions of this By-Law shall come into force and take effect the latter of May 25, 2021 and the date of approval of this By-Law by the Registrar of the FBCSA. Page 167 of 199 By-Law 2021-___ Page 30 of 32 18. THAT By-Law 3640 be repealed in its entirety upon approval of this By-Law. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ____________________________ MAYOR – Stephen Molnar ____________________________ CLERK - Michelle Smibert Page 168 of 199 By-Law 2021-___ Page 31 of 32 Schedule A: Monument Dimension Guide Page 169 of 199 By-Law 2021-___ Page 32 of 32 Schedule B: Flat Marker Dimension Guide Page 170 of 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend By-Law 3701. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the following be added to Schedule 9 Designated Stop Signs: COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Bidwell Street at Ridout Street Northbound and Southbound on Bidwell Street 2. That these amendments to By-Law 3701 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 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 171 of 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-__ A BY-LAW to amend Schedule A of By-Law 4247, to define the mandate and membership for committees established by The Corporation of the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend Schedule A of By-Law 4247. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That Schedule A of By-Law 4247 be amended as attached hereto; 2. That these amendments to Schedule A of By-Law 4247 are hereby declared to be part of that by-law as if written therein. 3. That this by-law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 172 of 199 By-Law 2021-___ Schedule A Board/Committees Citizen Appointments Mandate Accessibility Advisory Committee Cindy Allen Erin Getty Jeff Huber Margaret McCrimmon Mark Dickson Mike Cerna Michael Kadey Peter Staley Pete Luciani To advise and make recommendations to Council on all matters with respect to the accessibility for persons with disabilities to a municipal building, structure or premises. Cultural, Heritage and Special Awards Advisory Committee Collette Takacs Carrie Lewis Vern Fleming Terry Fleming Rosemary Dean Penny Esseltine Mark Dickson Tabitha Verbuyst To advise and make recommendations to Council on all matters with respect to tourism and culture in the Town of Tillsonburg. To advise and make recommendations to Council on all matters related to properties of architectural and historical significance. To receive nominations and make recommendations to Council for the Citizen of the Year and monthly awards. To provide commemorative naming options to Council. Economic Development Advisory Committee Jesse Goossens Collette Takacs Jeff VanRybroeck Randy Thornton Lindsay Morgan-Jacko Andrew Burns Cedric Tomico Steve Spanjers Lisa Gilvesy Kirby Heckford Deb Gilvesy To advise on initiatives to attract and retain investment within the community. To provide advice on: • The Economic Development Strategy • The Community Strategic Plan • Annual Departmental Business Plan To support the development of alliances and partnerships to advance the Town’s strategic plan and that assists in the overall growth of the Town. To provide advice regarding existing and new bylaws that relate to/impact development within the community. Page 173 of 199 By-Law 2021-____ Schedule A Page 2 of 4 Memorial Park Revitalization Advisory Committee Joan Weston Scott Vitias Terry Smith Kim Sage Chris Rosehart Mike Cerna Ken Patterson Jane Ann McLean Mel Getty Rosemary Dean To advise and make recommendations and provide regular updates to Council on all matters with respect to the Memorial Park Revitalization Project. Museum Advisory Committee Bob Marsden Rosemary Dean Joan Weston Donna Scanlan Dianne MacKeigan John Lessif Sherry Hamilton Chris Rosehart To make recommendations to Council on policies and procedures pertaining to the Museum. To participate in strategic planning activities, initiate and participate in fundraising activities when and as needed, act as ambassadors for the museum within the community. To work with the Tillsonburg and District Historical Society regarding trust for artifact purchases and to act as trustees for the restoration trust. Parks, Beautification and Cemeteries Advisory Committee Christine Nagy Sue Saelens Donna Scanlan Mike Dean Ken Butcher Penny Esseltine Bob Marsden Marian Smith Paul DeCloet Paul Wareing Maurice Verhoeve To advise and make recommendations to Council on all matters with respect to the utilization and beautification of public parks, trails, trees, green space and Tillsonburg cemeteries. Page 174 of 199 By-Law 2021-____ Schedule A Page 3 of 4 Recreation and Sports Advisory Committee Chris Parker Don Baxter Susie Wray Carrie Lewis Jeff VanRybroeck Kim Sage Dace Zvanitajs Christian Devlin To advise and make recommendations to Council on matters related to the programming and utilization of Tillsonburg’s recreational facilities. To advise and make recommendations to Council on implementation of the Community Parks, Recreation and Cultural Strategic Master Plan. Tillsonburg Airport Advisory Committee Euclid Benoit Deb Gilvesy Mark Renaud David Brandon Dan Cameron Valerie Durston Jeff Dean Jeffrey Miller Emily Crombez To advise and make recommendations to Council on matters related to the Tillsonburg Regional Airport. To provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan and strategic initiatives and to provide a forum for dialogue and communication. Day to day operations of the airport is the responsibility of Town staff. Tillsonburg Dog Park Advisory Committee Wayne Beard Pete Luciani Kelly Luciani Connie Porter Marcie Walters-Turcotte Doris Koepke Roseanne Fillion Katie Benko Steve Cluett Karen Clipson The objective of the Tillsonburg Dog Park Advisory Committee (TDPAC) is to oversee and advise Town Council on the governance of the Dave Johnson Memorial Dog Park with representation from all affected groups in the community. Page 175 of 199 By-Law 2021-____ Schedule A Page 4 of 4 Tillsonburg Transit Advisory Committee Sherry Hamilton Kathryn Leatherland Cindy Allen Stephanie Ellens- Clark Lynn Temoin Pete Luciani Richard Martin The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedures related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. The committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work towards accomplishing. Page 176 of 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-____ A BY-LAW to authorize an agreement of purchase and sale with 1677123 Ontario Inc. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as part of Lot 3 in the Van Norman Innovation Park and to be described by a new reference plan. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the authorization is hereby given for the sale of those lands described as part of Lot 3 in the Van Norman Innovation Park and to be described by a new reference plan, subject to those terms and provisions outlined within the offer of purchase and sale as attached hereto as Schedule A; 2. That the agreement of purchase and sale attached hereto as Schedule A forms part of this By-Law. 3. That this by-law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 177 of 199 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- Ontario Inc./ 1677123 (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a Purchase Price calculated at Fifty thousand Dollars ($ 50.000 ) per acre. The estimated area of the Property is 2.5 acres and the estimated total Purchase Price is One hundred twenty-five thousand Dollars ($ 125,000), The final total Purchase Price shall be determined by the actual lot area of the Property confirmed by on Ontario Land Surveyor. The final total Purchase Price shall be adjusted based on the determined actual lot area. 3. The Purchase Price shall be paid as follows: (a) Twelve Thousand Five Hundred Dollars ($12,500) 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 Buyer's Initials J:/ '= ~ Seller's Initials --- Page 178 of 199 (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draJt. SECTION II • PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 28th day of May, 2021 ("Acceptance"), and when accepted shall constitute a binding contract of purchase and sale, otherwise the APS shall be null and void and all deposit monies paid shall be returned to the Purchaser without deduction. (b) Acceptance shall mean the date upon which the Mayor and Clerk of the Town of Tillsonburg, or such other persons as the Vendor may authorize from time to time, sign and execute this APS subsequent to the requirement that the Council of The Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing and approving the sale of the Property to the Purchaser pursuant to the terms of this APS. (c) The parties agree anq acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, shall negotiate the terms of this APS in good faith. However, the negotiation of the terms of this APS by the Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of Tillsonburg until such time as this APS is authorized and approved by the Council of The Corporation of the Town of Tillsonburg. 5. Council Approval (a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law. · 6. Deed/Transfer (a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the terms of this Agreement. 7. Completion Date (a) The closing of this transaction shall take place following the registration of the Plan of Subdivision for the Van Norman Innovation· Park and by November 30, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in ''as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. Buyer's Initials !A.J-. Seller's Initials --- Page 179 of 199 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser within fourteen (14) days of Acceptance of the APS any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill· CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 30th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this _ Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedule "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and understands that upon Acceptance by the Vendor, and subject to any conditions herein, there shall be a binding agreement of purchase and sale Buyer's Initials /If. L , · Seller's Initials --- Page 180 of 199 between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the construction of a building and not for the purpose of resale of vacant land. SECTION IV· PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property Buyer's Initials fl/ L , Seller's Initials --- Page 181 of 199 (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Deed/Transfer (a) The Deed or Transfer of the Property will be prepared at the expense of the Vendor in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/qeed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. Buyer's Initials /l/ l Seller's Initials --- Page 182 of 199 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until one week prior to closing to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non-compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be 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; Buyer's Initials H..L ., Seller's Initials --- Page 183 of 199 (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) (2) (3) (4) (5) Buyer's Initials µ !:-... it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and a notarial true copy of its HST registration confirmation. Seller's Initials --- Page 184 of 199 SECTION VI • MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Buyer's Initials ll/._L Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: ATTENTION: Michael F. Langtry 5390 Munro Court Seller's Initials --- Page 185 of 199 Burlington, ON Fax:(905)6812814 If mailed, such notices must also be given by facsimile transmission on the date it was so mailed. If so given, such notices shall be deemed to have been received on the first business day following the date it was delivered or marked mailed out. 33. Successors and Assigns (a) The Purchaser shall be permitted to assign all of its right, title and interest in and to this APS with the Vendor's written approval, which shall not be unreasonably withheld, including assignment to another corporation with the same shareholders as the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor agrees to engross the Transfer/Deed of Land as directed by the Purchase on the completion Date as the Purchaser may elect, and the Vendor agrees to complete the transaction contemplated by this APS on the Completion Date with such assignee or nominee. The Purchaser is released from all liability hereunder, if it assigns its interest in this APS. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 34. Schedules (a) The follo'wing Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule C" Easement; and, (iv) Schedule "D" Development Covenants. 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upori them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials lj~ Seller's Initials --- Page 186 of 199 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Burlington, Ontario this 13th day of May, 2021. Title: I /2/FS ( Ocrl\./1 Name: Michael F. Langtry Title: President I/We have authority to bi.nd the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials /ll L-, The Corporation of the Town of Tillson burg · Stephen Molnar Mayor Michelle Smibert Clerk We have authority to bind The Corporation of the Town of Tillsonburg. Seller's Initials --- Page 187 of 199 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of part of Lot 2 Concession 5 North of Talbot Road (2.5 acre parcel), and to be described by a new reference plan: Buyer's Initials ~..L. Seller's Initials --- Page 188 of 199 SCHEDULE "B" -PURCHASER CONDITIONS 1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before April 3Q1h 2021, which terms and conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and Agreement arising from the offer shall be at an end and all parties released from their obligations: Buyer's Initials µ ~ . Seller's Initials --- Page 189 of 199 SCHEDULE"C"-EASEMENT TERMS AND PROVISIONS OF THE EASEMENT: I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of Tillsonburg (the "Town"), its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and with the further and continuing right to the Town, its successors and assigns, and its servants, agents and workers to enter upon the lands at any time to construct, repair, correct,· operate, replace and maintain at all times in good condition and repair the municipal services and for every such purpose the Town shall have access to the said lands at all times by its agents, servants, employees and workers. 2. The Town covenants and agrees that, upon completion of any work undertaken hereunder, the Town will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Owner covenants with the Town to keep the lands herein described free and clear of any trees, buildings, structures or other obstructions which may limit the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed, roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything which might injure any of the works of the Town hereon. The term "building" as set out herein shall specifically include any window sills, chimney breasts, cornices, eaves or other architectural features projecting from the first floor of the building but shall not include window sills, chimney breasts, cornices, eaves or other architectural features projecting from the second floor of the building by less than two (2) feet and such second floor projections shall be specifically authorized and allowed to encroach upon the lands herein described. 4. The Town, by the acceptance and registration of the within easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of this easement shall run with the lands herein described and shall extend to and be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. This is an easement in gross. Buyer's Initials µJ_ Seller's Initials --- Page 190 of 199 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS (a) The owner or owners of the property (the "Owner") upon which these development covenants attach (the "Property") covenants and agrees that it may not use the Property for its intended use and may not retain ownership of the Property unless the Owner has constructed a building for such use including obtaining a building permit for a permanent building with a minimum building coverage of twenty percent ( 18%) of the total area of the Property. The Owner further covenants and agrees to commence construction of a permanent building on the Property which complies with the permitted uses of the Property's zoning within one ( 1) year of the date the Owner took title to the Property being the date of registration of transfer (the "Completion Date") and to substantially complete the construction of the said building in conformity with an approved site plan within two (2) years from the Completion Date of this transaction. (b) In the event that the Owner has not obtained a building permit in accordance with the provisions of subclause 1.a) above, the Owner may request from The Corporation of the Town of Tillsonburg (the "Town of Tillsonburg"), in writing, an extension of the time specified in subclause 1.a) above up to a maximum extension period of six (6) months, (such extension, the "Extended Time") upon payment by the Owner to the Town of Tillsonburg of a performance deposit equal to ten (10%) percent of the purchase price of the Property (the "Performance Deposit"). The Performance Deposit shall be refunded to the Owner, without interest, upon the Owner's compliance with and completion of the provisions of subclause 1.a) above within the Extended Time. In the event that the Owner fails to complete construction within the Extended Time, then the Town of Tillsonburg shall, in addition to its other rights and remedies as set out herein or otherwise, be entitled to retain the Performance Deposit as liquidated damages and not as a penalty, in partial or full satisfaction of the Town of Tillsonburg's damages. (c) If the Owner does not comply with the provisions of subclause 1.a) above within the periods therein specifically set out or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notice in writing to the Owner, re- convey good title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in consideration for payment by the Town of Tillsonburg to the Owner of 90% of the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "Discounted Consideration"). The re-conveyance shall be completed within sixty (60) days of the notice set out in this subclause. The Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all of its reasonable costs, realty commission and legal fees incurred with respect to the original conveyance of the Property by the Town of Tillsonburg to the Owner, as well as the costs of the Town of Tillsonburg in re-acquiring the Property, including without limitation, realty commission, registration costs, land transfer tax, legal fees and such other costs as reasonably incurred by the Town of Tillsonburg. The Town of Tillsonburg shall not be required to pay for any improvements that may have been made, constructed, installed or performed by the Owner on the Property. Buyer's Initials HJ--Seller's Initials --- Page 191 of 199 (d) Subject to subclause 1.c) above, the Owner covenants that it will not sell the Property or any part thereof to any person, firm or corporation without first offering, in writing, to sell the Property to the Town of Tillson burg for consideration equal to or less than the consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property less the costs of the Town of Tillsonburg incurred in re-acquiring the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs as reasonably incurred by the Town of Tillsonburg, provided however that the Owner may sell or transfer the Property to a subsidiary or affiliate corporation as defined in the Business Corporations Act, R.S.O. 1990, c.B.16 as amended, provided such subsidiary assumes and confirms its acceptance of the within covenants and restrictions and expressly undertakes in writing to comply with them in such form as the Town of Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of an offer made by the Owner under this subclause, to accept such offer which acceptance shall be in writing. If the Town of Tillson burg does not accept an offer to sell made by the Owner under the provisions of this subclause, the Town of Tillsonburg's right to repurchase the Property so offered shall terminate. However, the remaining provisions of this clause 1 as well as other provisions herein shall continue in full force and effect. The limitation contained in this subclause, will expire upon the Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b) above. 2. Town of Tillsonburg Option on Vacant Portion of Land (a) The Town of Tillsonburg shall have the option to repurchase such vacant portion of the Property not used by the Owner for the construction building(s) thereon provided such land is not reasonably ancillary to the Owner's use and occupation of the said building. (b) This option shall only be exercisable if the Owner has not constructed permanent buildings with a minimum building coverage of thirty percent (30%) of the total area of the Property. (c) The option shall be exercisable by the Town of Tillsonburg for consideration equal to the per square foot consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property. Any costs incurred by the Town of Tillsonburg in re-acquiring the subject portion of the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs shall be at the cost of the Town of Tillsonburg. (d) This option expires ten (10) years from the Completion Date. 3. Development Standards (a) The Owner shall not construct and maintain a building unless the exterior of the wall or walls of any building or structure facing any municipal street is constructed of a minimum sixty (60) percent brick, precast stone, glass, pre-cast concrete or alternative non-steel materials including, but not limited to, stainless steel; decorative glazed terra cotta; ceramic veneer; precast concrete panel; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish and subject to Buyer's Initials tiL! ~ . Seller's Initials --- Page 192 of 199 approval by the Town of Tillsonburg, in their sole and absolute discretion, acting reasonably, through the Town's Site Plan Approval process. (b) The Owner shall not use the Property unless any portion of any area of the Property to be used for open storage shall not be left so that any area is unenclosed, and any such areas shall be enclosed and designed so that the storage area is not visible from any municipal street. No storage shall be permitted within any set back area as set out in the Town of Tillsonburg Zoning By-Law, nor in front of any building or structure facing any municipal roadway. (c) The Owner hereby acknowledges that it is aware that the Property is designated as within a site plan control area. The Owner shall not commence any construction or use the Property until site plan approval has been obtained. The external building materials used on any building to be constructed on the Property must be approved in writing in advance by the Town of Tillson burg as part of such site plan control approval process. 4. Assignment of Covenants (a) The Owner acknowledges and agrees that the covenants and restrictions herein shall run with the title to the Property. The Owner, for itself, its successors, heirs, and assigns in title from time to time of all or any part or parts of the Property will observe and comply with the stipulations, restrictions, and provisions herein set forth (the "Restrictions"), and covenants that nothing shall be erected, fixed, placed or done upon the Property or any part thereof in breach or in violation or contrary to the Restrictions or the provisions of the agreement of purchase and sale between the Owner and the Town of Tillsonburg and that the Owner will require every subsequent purchaser or every successor in title to assume and acknowledge the binding effect of this document, as well as, covenant to observe and comply with the Restrictions and other covenants herein, and the surviving provisions of this Agreement of Purchase and Sale. 5. Force Majeure (a) If the Owner shall be unable to fulfill, or shall be delayed or restricted in fulfilling any of the obligations set out herein due to any act or neglect of the Town of Tillsonburg or any of its employees, or due to strikes, walkouts, lockouts, fire, unusual delay by common carriers, or by any other cause beyond the Owner's reasonable control, then the time for fulfilling any such obligations shall be extended for such reasonable time as may be required by the Owner to fulfill such obligation. 6. Right to Waive (a) Notwithstanding anything herein contained, the Town of Tillsonburg and its successors shall have the power by instrument or instruments in writing from time to time to waive, alter or modify the herein covenants and restrictions with respect Buyer's Initials HJ-, Seller's Initials --- Page 193 of 199 to their application to any part of the Property without notice to or approval from the Owner or notice to or approval from the owners of any other adjacent or nearby lands. Buyer's Initials llA L ' Seller's Initials --- Page 194 of 199 Page 195 of 199 Page 1 of 2 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-____ A by-law to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2021. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, and WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2021, and endorsed by resolution, January 11th, 2021, raising the following amounts from realty taxation be adopted: a. A general municipal levy of $16,730,747 b. A special levy for core area parking of $140,500 c. A special levy for the Business Improvement Area of $139,450 2. That the tax rates hereby adopted for each class for the year 20 21, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the Page 196 of 199 By-Law 2021-___ Page 2 of 2 provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT: Thursday, August 26, 2021 SECOND INSTALMENT: Thursday, October 21, 2021 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2021 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2021, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any ta xes due and unpaid after December 31, 2021 shall be charged on the first day of each calendar month thereafter in which default continues. 6. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 197 of 199 By-Law 2021-___ Schedule A Page 1 of 1 Schedule "A " To By-Law 2021 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00788678 0.00404134 0.00153000 0.01345812 0.00104168 0.01449980 MT MULTI-RESIDENTIAL 0.01577356 0.00808268 0.00153000 0.02538624 0.00208337 0.02746961 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00354905 0.00165167 0.00068850 0.00588922 0.00588922 NT NEW MULTI-RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01308715 0.01308715 CT COMMERCIAL 0.01499908 0.00768582 0.00880000 0.03148490 0.00198107 0.00206352 0.03552949 XT COMMERCIAL NEW CONSTRUCTION 0.01499908 0.00768582 0.00880000 0.03148490 0.00198107 0.00206352 0.03552949 CU EXCESS LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.00138675 0.00144446 0.02751064 CX VACANT LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.00138675 0.00144446 0.02751064 XU COM'L NEW CONST. - EXCESS LAND 0.01049935 0.00538008 0.00880000 0.02467943 0.02467943 IT INDUSTRIAL 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 JT INDUSTRIAL NEW CONSTRUCTION 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 IU EXCESS LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 IX VACANT LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 LT LARGE INDUSTRIAL 0.02074223 0.01062872 0.00880000 0.04017095 0.04017095 LU EXCESS LAND 0.01348245 0.00690867 0.00880000 0.02919112 0.02919112 PT PIPELINES 0.00993182 0.00508926 0.00880000 0.02382108 0.02382108 FT FARMLAND 0.00171695 0.00087980 0.00038250 0.00297925 0.00297925 R1 FARMLAND DEV PH 1 0.00354905 0.00000000 0.00068850 0.00423755 0.00423755 GT PARKING LOT 0.01499908 0.00768582 0.00880000 0.03148490 0.00206352 0.03354842 Page 198 of 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-057 A BY-LAW to confirm the proceedings of Council at its meeting held on May 25, 2021. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on May 25, 2021, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 25th DAY OF MAY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF MAY, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 199 of 199