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210628 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, June 28, 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 three matters of 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; 2.4.2.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.3.239 (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 June 28, 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 June 14, 2021, and the minutes of the Council Planning meeting held on June 21, 2021, be approved. 7.Presentations 7.1.2020 Draft Financial Statements Presented by: Dianne Latta and Kevin Kitchen of Millard, Rouse and Rosebrugh LLP Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council approves the 2020 Financial Statements as presented; AND THAT the 2020 Management Letter be received. 7.2.Community Strategic Plan Erin O’Hoski, Boulevard Strategy Group Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Community Strategic Plan be approved. 8.Public Meetings 9.Planning Reports 10.Delegations Page 2 of 371 11.Deputation(s) on Committee Reports 11.1.EDM 21-20 Economic Development Advisory Committee Recommendation Regarding Industrial Street Naming Representative: Jesse Goossens, Chair, Economic Development Advisory Committee Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council receives report EDM 21-20 Economic Development Advisory Committee Recommendation Regarding Industrial Street Naming; AND THAT the future North/South roadway in the Van Norman Innovation Park be named Innovation Way from Highway 3 South to the future intersection; AND THAT the future East/West roadway in the Van Norman Innovation Park be named Progress Drive from the future intersection West to the cul-de-sac. 12.COVID-19 13.Information Items 13.1.Knights of Columbus Re: Thank You Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondences from the Knights of Columbus dated June 11, 2021, as information. 14.Staff Reports 14.1.Chief Administrative Officer 14.2.Corporate Services 14.3.Economic Development 14.3.1.EDM 21-19 Offers to Purchase – Alleyway between Coyle Lane and Francis Street Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ Page 3 of 371 THAT Council receives report EDM 21-19 Offers to Purchase – Alleyway between Coyle Lane and Frances 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 Sandra Pake for the property described as the North part of the Alleyway between Francis Steet and Coyle Lane 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 Christopher Meloche for the property described as the middle North part of the Alleyway between Francis Steet and Coyle Lane 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 John Fish for the property described as the Centre middle South part of the Alleyway between Francis Steet and Coyle Lane 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 Tracy Dinsmore for the property described as the South part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. 14.4.Finance 14.4.1.FIN 21-16 Assessment Appeal Impact; 248 Broadway Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-16 Assessment Appeal Impact; 248 Broadway as information; AND THAT option __ be selected to assist the BIA with managing the financial impact resulting from the assessment appeal. 14.4.2.FIN 21-17 2020 Financial Statement Reconciliation Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-17 2020 Financial Statement Reconciliation as information. Page 4 of 371 14.4.3.FIN 21-18 2020 Surplus Allocation Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-18 2020 Surplus Allocation as information; AND THAT Council approves the 2020 Operating Surplus of $195,388 be contributed to the Tax Rate Stabilization Reserve, with $150,000 earmarked for 2021 Operating budget funding as previously approved. 14.4.4.FIN 21-19 2020 Summary of Reserves and Trusts Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 21-19 2020 Summary of Reserves and Trusts as information. 14.4.5.FIN 21-20 Covid-19 Tax Deferral Report Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives FIN 21-20 Covid-19 Tax Deferral Report as information. 14.5.Fire and Emergency Services 14.5.1.FRS 21-07 Fire Services Radio Communications - Tower Site Equipment Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT staff report FRS 21-07 be received as information; AND THAT Staff be directed to purchase and install radio equipment as proposed on both the TFRS Reservoir and Community Service Centre Towers from Five9 Solutions in the amount of $37,732.75 plus HST; AND THAT the radio equipment and installation be debentured as proposed in this report. 14.6.Operations and Development Page 5 of 371 14.7.Recreation, Culture and Parks 14.7.1.RCP 21-15 HVAC Replacement - Corporate Office Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT report RCP 21-15 HVAC Replacement – Corporate Office be received as information; AND THAT Council direct staff to proceed immediately with the replacement of the HVAC unit which serves the Corporate Office; AND THAT the Annandale Boiler Replacement project as approved in the 2021 Capital Budget be deferred and re-budgeted for 2022 with the funding amount of $50,000 through taxation reallocated to the HVAC replacement and any residual dollars be contributed to the RCP reserve. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives the Economic Development Advisory Committee minutes dated June 8, 2021, the Culture, Heritage and Special Awards Committee minutes dated June 9, 2021, and the Tillsonburg Airport Advisory Committee minutes dated May 20, 2021 as information. 16.2.Long Point Region Conservation Authority Minutes Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Minutes dated May 5, 2021 and May 19, 2021, as information. 16.3. Police Services Board Minutes Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ Page 6 of 371 THAT Council receives the Police Services Board meeting minutes dated November 18, 2020, December 16, 2020, February 17, 2021 and April 21, 2021, as information. 17.Motions/Notice of Motions 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to authorize an agreement of purchase and sale with Sandra Pake 19.2.A By-Law to authorize an agreement of purchase and sale with Christopher Meloche 19.3.A By-Law to authorize an agreement of purchase and sale with John Fish 19.4.A By-Law to authorize an agreement of purchase and sale with Tracy Dinsmore Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT A By-Law to authorize an agreement of purchase and sale with Sandra Pake; and A By-Law to authorize an agreement of purchase and sale with Christopher Meloche; and A By-Law to authorize an agreement of purchase and sale with John Fish; and A By-Law to authorize an agreement of purchase and sale with Tracy Dinsmore, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Confirm Proceedings By-law Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-068, to Confirm the Proceedings of the Council meeting held on June 28, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Items of Public Interest 22.Adjournment Page 7 of 371 Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of June 28, 2021 be adjourned at ___ p.m. Page 8 of 371 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, June 14, 2021 4:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer 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 4:00 p.m. 2. Closed Session (4:00 p.m.) Page 9 of 371 2 Resolution # 2021-266 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider advice that is subject to solicitor- client privilege, including communications necessary for that purpose; and two matters of a proposed or pending acquisition or disposition of land by the municipality or local board; and to consider information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. 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) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.3 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.4 239 (2) (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2021-267 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of June 14, 2021, with the addition of agenda item 10.1 to hear a delegation from Mr. Thomas Lamos, be approved. Carried 4. Moment of Silence Page 10 of 371 3 Council held a moment of silence for the 215 children found buried at the site of the former Kamloops Indian Residential School and for the four members of a Muslim family who were killed in an attack on June 6 in London, ON. 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2021-268 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council meeting held on May 25, 2021, be approved. Carried 7. Presentations 7.1 Volunteer Recognition Award - Jennifer Farkas Mayor Molnar and Collette Takas presented the Volunteer Recognition Award to Jennifer Farkas. 7.2 Community Safety and Well-Being Plan Lynsey Aarssen, Climb Consulting, presented the Community Safety and Well-Being Plan. Opportunity was provided for comments and questions from Council. Resolution # 2021-269 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Safe and Well Oxford: Community Safety and Well-being Plan be approved. Carried 8. Public Meetings 8.1 Application for Zone Change 7-21-07 (Ancomar Investments Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend that the Page 11 of 371 4 application be denied as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. Opportunity was provided for comments and questions from Council. Staff confirmed the AGCO's required distance between a cannabis retail store and an operating educational facility is 150m. David Ferkul, applicant, was in attendance to provide support for the application. No members of the public appeared before Council either in support of or opposition to the application. Staff confirmed the BIA is circulated on these applications and that no comments have been received. Resolution # 2021-270 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve the zone change application submitted by Ancomar Investments Corporation, whereby the lands described as Part Lot 381, Plan 500, Town of Tillsonburg, known municipally as 107 Concession Street East are to be rezoned from ‘Service Commercial Existing Plaza Zone (SC-E)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands; AND THAT Council enact a temporary use by-law under Section 39 of the Planning Act to permit the proposed retail store for a temporary period of not more than three years. Carried 9. Planning Reports 10. Delegations 10.1 Thomas Lamos Thomas Lamos appeared before Council to complain about noise created by the A&W restaurant drive thru at 535 Broadway. Mr. Lamos asked that the Town require the A&W restaurant to close the drive thru at 11:00 p.m. under the noise by-law. Opportunity was provided for comments and questions from Council. Page 12 of 371 5 Mr. Lamos noted that the noise has been an issue since 2013 each evening between 11:00 p.m. to 3:30 a.m. year round. The mover indicated the intent of the motion is that staff provide information on noise studies conducted in the past if applicable, whether staff recommend a noise study be conducted and recommendations for noise mitigation. Staff noted that a lack of staff resources after hours inhibits the Town's ability to effectively enforce the noise by-law in this situation. Staff have made the OPP aware of the situation and had asked the delegate to notify the OPP after hours when the issue is of concern. Staff will confirm approximate timing of the report. Resolution # 2021-271 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives the delegation Mr. Tom Lamos as information. AND THAT a report be brought forward to Council which includes information on a noise study and any recommendations for noise mitigation in this area such as a sound barrier wall. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 It was asked if the Tillsonburg Vaccine Clinic will receive more moderna vaccines. Oxford County will receive more but it is unknown at this time what the Tillsonburg location will receive. Mayor Molnar provided a local update and shared informational resources. It was noted that the 12 week period between doses has been reduced to an 8 week period. 13. Information Items 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-07 Establishment of Subcommittee - Tillsonburg 150 Page 13 of 371 6 Resolution # 2021-272 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report CAO 21-07 Establishment of Subcommittee: Tillsonburg 150 Subcommittee; AND THAT staff be directed to proceed with establishing the Tillsonburg 150 Subcommittee; AND FURTHER THAT Council approves the attached Terms of Reference. Carried 14.2 Corporate Services 14.2.1 CS 21-20 Special Council Meeting June 29 2021 Resolution # 2021-273 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT June 29, 2021 at 12:00 p.m. be scheduled as a Special Council Meeting to deal with the Annual General Meeting of the Shareholder of Tillsonburg Hydro Inc. Carried 14.3 Economic Development 14.4 Finance 14.5 Fire and Emergency Services 14.5.1 FRS 21-06 Fire Services Radio Communications - In-vehicle Repeater Resolution # 2021-274 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff report FRS 21-06 entitled “Fire Services Radio Communications – In-vehicle Repeater” be received as information; AND THAT Staff be directed to purchase and install an in-vehicle radio repeater from Five9 Solutions in the amount of $3,469.25 plus HST; AND THAT the Fire Equipment Reserve be used to fund the expense. Page 14 of 371 7 Carried 14.6 Operations and Development 14.6.1 OPD 21-24 Airport Hangar Land Lease Agreement Staff noted that the Airport Master Plan is expected to be brought forward by August. Resolution # 2021-275 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report OPD 21-24 Airport Hangar Land Lease Taxiway G1 Lot #6; AND THAT a By-law to execute the Hanger Land Lease Agreement for Taxiway G1 Lot #6 with Nathan Bain and Emily Crombez be brought forward for Council consideration. Carried 14.6.2 OPD 21-25 Concession Street West Reconstruction The construction start date is August 1 and the anticipated end date is October 27. A traffic plan will be distributed to Council, the public and local businesses. Staff noted the intent is to keep Kinsmen Participark accessible to residents. Staff will update Council in regards to this. Resolution # 2021-276 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-25, RFT 2021-007 Concession Street West Reconstruction as information; AND THAT Council awards Tender RFT 2021-007 to Gedco Excavating Ltd. of Brantford, ON at a cost of $2,445,793.49 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 14.7 Recreation, Culture and Parks Page 15 of 371 8 14.7.1 RCP 21-14 Elliott Fairbairn Roof Replacement Staff noted the current lease is in effect until 2029 and that the Town has a responsibility to maintain the asset. Resolution # 2021-277 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT report RCP 21-14 Elliott Fairbairn Centre - Roof Replacement, be received as information; AND THAT Council direct staff to immediately issue a tender for the required roof replacement with the results brought back to Council for final approval and funding authorization. Carried 14.7.2 RCP 21-16 Equipment Purchase Amendments Resolution # 2021-278 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT report RCP 21-16 Equipment Procurement Amendments, be received as information; AND THAT Council approves the recommended amendments to the original 2021 equipment procurement as outlined in this report; AND THAT the savings of the adjustments remain within the Equipment Replacement Reserve. Carried 14.8 Hydro Operations 14.8.1 HYD 21-01 Sentinel Light Rental Exit Strategy Resolution # 2021-279 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report Hydro 21-01 as information; AND THAT Council directs staff to wind down the Sentinel Light Rental Business and cease new installations of Sentinel Light Rentals. Page 16 of 371 9 Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-280 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the Economic Development Advisory Committee minutes dated May 11, 2021 and the Culture, Heritage and Special Awards Committee minutes dated May 5, 2021, as information. Carried 17. Motions/Notice of Motions Resolution # 2021-281 Moved By: Councillor Esseltine Seconded By: Councillor Gilvesy Knowing that municipal sanitary services have not been available to property owners in the North Street East from Broadway to Beckett Boulevard area in the past, and that residents have been required to provide and maintain their own septic systems (many of which continue to be in good working order), being required to connect to new municipal sanitary services at a cost per property in excess of $9000 seems unreasonable. Therefore, the Council of the Town of Tillsonburg respectfully recommends to the County of Oxford that owners of unserviced properties along the North Street East Corridor and surrounding area in Tillsonburg be offered an option to defer connection to the new water and sanitary services available to them through the Oxford Road 20 Road Reconstruction project, and that an open attendance public meeting be held when Covid regulations allow. Carried It was suggested that this be considered during the 2022 business plan discussions. Resolution # 2021-282 Moved By: Councillor Gilvesy Seconded By: Councillor Parker Page 17 of 371 10 THAT a By-Law to amend By-Law 3798 to lift the restrictions on banner signs which was previously amended expired on December 31st 2020 be reinstated to May 31, 2022 to allow businesses the opportunity to aggressively market during covid recovery. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-064, to repeal designating By-Law 3852 (Rolph Street Public School) 19.2 By-Law 2021-065, to authorize a land lease agreement with Nathan Bain and Emily Crombez Resolution # 2021-283 Moved by: Councillor Esseltine Seconded by: Councillor Luciani THAT the By-Law to repeal designating By-Law 3852 (Rolph Street Public School) be dealt with separately. Carried Resolution # 2021-284 Moved by: Councillor Parker Seconded by: Councillor Gilvesy THAT By-Law 2021-064, to repeal designating By-Law 3852 (Rolph Street Public School), 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. Councillor Esseltine called for a recorded vote. Councillor Essletine - No Councillor Gilvesy - Yes Councillor Luciani - Yes Councillor Parker - Yes Councillor Rosehart - Yes Deputy Mayor Beres - Yes Mayor Molnar - Yes Page 18 of 371 11 Carried Resolution # 2021-285 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT By-Law 2021-065, to authorize a land lease agreement with Nathan Bain and Emily Crombez, 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 # 2021-286 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2021-063, to Confirm the Proceedings of the Council meeting held on June 14, 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 Town is currently accepting citizen of the year award nominations. Deadline for nominations is July 9 at 4:30 p.m. The Annandale National Historic Site in partnership with Sobeys Tillsonburg will be selling fun-filled Canada Day Bags to families for a cost of $20 plus tax. Councillor Rosehart asked residents to help pick up garbage on the walking trail between Tilson and Broadway. Staff noted that the Lake Lisgar Waterpark pool will be open on Father's Day weekend and that the waterslide will be open soon after. Deputy Mayor Beres shared information regarding a new poppy campaign operated by the Tillsonburg Lions Club in partnership with the Legion. Staff noted that there is currently a waiting list for summer camps and that the Town is working with SWPH to attempt to determine if the Town can accommodate larger numbers under the current regulations. Page 19 of 371 12 Upcoming Council meetings include:  Monday, June 21, 2021 at 4:30 p.m. for the purpose of holding public meetings for planning applications.  Monday, June 28, 2021 at 6:00 p.m. regular meeting 22. Adjournment Resolution # 2021-287 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of June 14, 2021 be adjourned at 8:25 p.m. Carried Page 20 of 371 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Monday, June 21, 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 Eric Gilbert, Senior Planner Amelia Jaggard, Deputy Clerk Cephas Panschow, Development Commissioner _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Adoption of Agenda Resolution # 2021-288 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Agenda as prepared for the Council Planning meeting of June 21, 2021, be approved. Page 21 of 371 2 Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Council Planning Minutes of Previous Meeting Resolution # 2021-289 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council Planning meeting held on May 17, 2021, be approved. Carried 5. Public Meetings Resolution # 2021-290 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:36 p.m. Carried 5.1 Application for Minor Variance A12-21 (Broer) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicant, Etty Broer, was in attendance to provide support for the application. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-291 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy Page 22 of 371 3 THAT the Committee of Adjustment approve Application File A12-21, submitted by Etty Broer, for lands described as Lot 1, Plan 41M-87, Town of Tillsonburg, as it relates to: 1. Section 6.5.3.2.6- R1-3 Zone – Rear Yard Minimum Depth, to reduce the required minimum rear yard depth from 10 m (32.8 ft) to 7.7 m (25.3 ft), to facilitate the construction of a sunroom addition to an existing single detached dwelling. Subject to the following conditions: i. A building permit for the proposed sunroom addition shall be issued within one year of the date of the Committee's decision; ii. The granted relief shall only apply to facilitate the construction of a sunroom addition in a location and manner as depicted on Plate 3 of Report CP 2021-201. Carried 5.2 Application for Minor Variance A13-21 (Marleau and Kitching) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicants were not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-292 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Committee of Adjustment approve Application File A13-21, submitted by Randy Marleau, Teresa Marleau & Robert Kitching, for lands described Part Block A, Plan 966, Part 3 of 41R-9192, Town of Tillsonburg, as it relates to: 1. Section 6.5.25.2.1.2- R1-25 Zone – Rear Yard Minimum Depth, to reduce the required minimum rear yard depth from 3 m (9.8 ft) to 1.2 m (3.9 ft), to facilitate the construction of a detached secondary dwelling unit. Subject to a building permit for the proposed secondary dwelling being issued within one year of the date of the Committee's decision. Carried Page 23 of 371 4 Resolution # 2021-293 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:46 p.m. Carried 5.3 Applications for Redline Amendment to Draft Plan of Subdivision and Zone Change 32T-07006 and ZN 7-21-05 (Performance Communities Realty Inc. and Lindprop Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The agent, Will Hayhoe, was in attendance to provide support for the application. Mr. Hayhoe noted that the application would add to the trail connectivity in the Town. The agent, Peter Penner, was also in attendance to provide support for the application. There was discussion regarding a neighbouring property which appeared to be included in greenspace. Staff noted this was an error on the mapping due to the colour of the house roof and that the property is not impacted. There was discussion regarding the removal and management of storm water ponds on the subject lands. It was asked if 55% lot coverage is common. Staff noted it is common and that this allowance has been made for adjacent lands. There was discussion regarding affordable housing opportunities in the future. Staff confirmed this application is not seeking to reduce front yard depth. It was asked how the Town will ensure the tree per lot condition is fulfilled. Staff noted this condition will need to be fulfilled prior to either the final security release for the subdivision or the final building permit release. Page 24 of 371 5 No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-294 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council approve in principle the zone change application (File No. ZN 7- 21-05) submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Lot 5, Concession 10 (Dereham), Parts 1-6 of 41R-10049 in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 1A Holding Zone, Special Low Density Residential Type 2 Holding Zone, Special Low Density Residential Type 3 Holding Zone, Passive Use Open Space Zone, & Active Use Open Space Zone to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application for redline amendments to draft plan of subdivision, File No. 32T- 07006, submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Lot 5, Concession 10 (Dereham), Parts 1-6 of 41R-10049, consisting of 71 single detached dwellings, 45 lots for 202 street fronting townhouse dwellings, one stormwater management block, two park blocks and two pedestrian walkway blocks, served by 5 new local streets, subject to the conditions of draft approval as outlined in Staff Report CP 2021- 203. Carried 5.4 Applications for Official Plan Amendment and Zone Change OP 21- 04-7 and ZN 7-21-04 (Town of Tillsonburg) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. There was discussion regarding a mix use building in the downtown. Staff confirmed that the notice of complete application indicated the subject lands are all of the commercial zone and that it did not identify boundaries. The public notice for this application included a map that identified the additional lands on Brock Street. Staff explained large format retail. Page 25 of 371 6 No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-295 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council support the application to amend the Oxford County Official Plan (File No. OP 21-04-7), initiated by the Town of Tillsonburg, to amend Section 8.3.2.3.1 to expand the extent of the current prohibition on ground floor residential development in the Central Business District; and, THAT Council approve in principle the zone change application (File No. ZN 7- 21-04), initiated by the Town of Tillsonburg, to amend the provisions of Section 13.2.2 (CC Zone) to expand the extent of the current prohibition on ground floor residential development within the ‘Central Commercial Zone (CC)’. Carried 6. Planning Reports 7. New Business 8. Motions/Notice of Motions 9. By-Laws 9.1 By-Law 2021-067, to amend Zoning By-Law Number 3295, as amended (ZN 7-21-07) Resolution # 2021-296 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2021-067, to amend Zoning By-Law Number 3295, as amended (ZN 7-21-07), 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 10. Confirm Proceedings By-law Resolution # 2021-297 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 26 of 371 7 THAT By-Law 2021-066, to Confirm the Proceedings of the Council Planning meeting held on June 21, 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 11. Adjournment Resolution # 2021-298 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Council Planning meeting of June 21, 2021 be adjourned at 5:44 p.m. Carried Page 27 of 371 Draft for discussion purposes onlyThe Corporation Of The Town Of Tillsonburg Consolidated Financial Statements December 31, 2020 Prepared by Reviewed by Reviewed by KK 5/27/21 Printed: June 09, 2021 10:51 AM Page 28 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Index to Consolidated Financial Statements December 31, 2020 Page MANAGEMENT'S RESPONSIBILITY FOR FINANCIAL REPORTING 1 INDEPENDENT AUDITORS' REPORT 2 - 3 CONSOLIDATED FINANCIAL STATEMENTS Consolidated Statement of Financial Position 4 Consolidated Statement of Operations and Accumulated Surplus 5 Consolidated Statement of Changes in Net Financial Assets (Debt)6 Consolidated Statement of Cash Flow 7 Notes to Consolidated Financial Statements 8 - 24 Printed: June 09, 2021 10:51 AM Page 29 of 371 Draft for discussion purposes only MANAGEMENT'S RESPONSIBILITY FOR FINANCIAL REPORTING The consolidated financial statements of The Corporation of the Town of Tillsonburg have been prepared in accordance with Canadian public sector accounting standards. When alternative accounting methods exist, management has chosen those it deems most appropriate in the circumstances. These statements include certain amounts based on management's estimates and judgments. Management has determined such amounts based on a reasonable basis in order to ensure that the financial statements are presented fairly in all material respects. The integrity and reliability of The Corporation of the Town of Tillsonburg's reporting systems are achieved through the use of formal policies and procedures, the careful selection of employees and an appropriate division of responsibilities. These systems are designed to provide reasonable assurance that the financial information is reliable and accurate. The Chief Administrative Officer is responsible for ensuring that management fulfills its responsibility for financial reporting and is ultimately responsible for reviewing and approving the consolidated financial statements before they are submitted to Council. The consolidated financial statements have been audited on behalf of the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg by Millard, Rouse & Rosebrugh LLP , in accordance with Canadian generally accepted auditing standards. Kyle Pratt, Chief Administrative Officer Sheena Pawliwec, Director of Finance / Treasurer June 28, 2021 Tillsonburg, Ontario Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 1 Page 30 of 371 Draft for discussion purposes onlyINDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg Opinion We have audited the consolidated financial statements of The Corporation of the Town of Tillsonburg (the Corporation), which comprise the consolidated statement of financial position as at December 31, 2020, and the consolidated statements of operations and accumulated surplus, changes in net financial assets (debt) and cash flow for the year then ended, and notes to the consolidated financial statements, including a summary of significant accounting policies. In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, the financial position of the Corporation as at December 31, 2020, and the results of its operations and its cash flow for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Consolidated Financial Statements section of our report. We are independent of the Corporation in accordance with the ethical requirements that are relevant to our audit of the consolidated financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with those requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Other Matters Budget figures are provided for comparative purposes and have not been subject to audit procedures. Accordingly, we do not express any opinion regarding the budget figures. We draw our attention to Note 18 of the financial statements, which describes the effects of the coronavirus disease (COVID-19) on the Corporation. Our opinion is not modified in respect of this matter. Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of the consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. In preparing the consolidated financial statements, management is responsible for assessing the Corporation's ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless management either intends to liquidate the Corporation or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Corporation's financial reporting process. (continues) Printed: June 09, 2021 10:51 AM 2 Page 31 of 371 Draft for discussion purposes onlyIndependent Auditors' Report to the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg (continued) Auditor's Responsibilities for the Audit of the Consolidated Financial Statements Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these consolidated financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Corporation’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Corporation’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the consolidated financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Corporation to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the consolidated financial statements, including the disclosures, and whether the consolidated financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Millard, Rouse & Rosebrugh LLP June 28, 2021 Chartered Professional Accountants Tillsonburg, Ontario Licensed Public Accountants Printed: June 09, 2021 10:51 AM 3 Page 32 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Consolidated Statement of Financial Position As at December 31, 2020 2020 2019 FINANCIAL ASSETS Cash $4,676,274 $2,241,437 Investments (Note 4)5,007,935 5,054,916 Taxes receivable 466,659 886,711 Accounts receivable 3,432,287 3,584,395 Due from unconsolidated entities (Note 5)1,633,192 496,068 Land held for resale 1,846,763 1,914,211 Investment in Tillsonburg Hydro Inc. (Note 6)11,834,214 11,611,935 28,897,324 25,789,673 LIABILITIES Accounts payable 4,658,502 4,340,323 Customer and security deposits 5,852,459 3,272,829 Deferred revenue (Note 7)4,186,113 4,281,588 Long term debt (Note 8)14,604,574 14,032,495 29,301,648 25,927,235 NET FINANCIAL DEBT (404,324)(137,562) NON-FINANCIAL ASSETS Tangible capital assets (Note 9)65,218,533 63,148,886 Inventory 36,263 53,238 Prepaid expenses 47,377 179,263 65,302,173 63,381,387 ACCUMULATED SURPLUS (Note 10)$64,897,849 $63,243,825 Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ See accompanying notes 4 Page 33 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Consolidated Statement of Operations and Accumulated Surplus Year ended December 31, 2020 Budget 2020 2020 2019 (Note 17) REVENUE Taxation $16,888,700 $16,921,913 $16,266,541 User charges 4,436,900 4,104,974 5,030,432 Government transfers - Federal (Note 11)1,247,300 577,606 513,363 Government transfers - Provincial (Note 12)3,121,300 3,273,606 1,652,476 Government transfers - Oxford County (Note 13)529,800 279,612 236,910 Other income (Note 14)2,067,900 1,690,667 1,789,277 Income from Tillsonburg Hydro Inc. (Note 6)-222,279 327,397 Loss on disposal of tangible capital assets -(1,567,289)(1,383,216) 28,291,900 25,503,368 24,433,180 Expenses General government 3,140,748 2,966,849 3,234,306 Protection services 6,299,137 6,756,587 6,441,049 Transportation services 5,942,953 5,961,534 5,484,495 Environmental services 597,871 641,355 576,800 Health services 270,061 339,734 300,057 Recreation and cultural services 5,707,509 5,332,814 5,571,435 Planning and development 601,719 1,850,471 792,506 22,559,998 23,849,344 22,400,648 ANNUAL SURPLUS $5,731,902 1,654,024 2,032,532 Accumulated surplus - beginning of year 63,243,825 63,243,825 61,211,293 ACCUMULATED SURPLUS - END OF YEAR $68,975,727 $64,897,849 $63,243,825 Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ See accompanying notes 5 Page 34 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Consolidated Statement of Changes in Net Financial Assets (Debt) Year ended December 31, 2020 Budget 2020 2020 2019 (Note 17) ANNUAL SURPLUS $5,731,902 $1,654,024 $2,032,532 Amortization of tangible capital assets 3,033,398 3,033,398 2,733,420 Purchase of tangible capital assets (8,451,300)(6,854,065)(4,846,793) Proceeds on disposal of tangible capital assets -183,731 109,057 Loss on disposal of tangible capital assets -1,567,289 1,383,216 Decrease in inventory -16,975 3,880 Decrease (increase) in prepaid expenses -131,886 (168,023) (5,417,902)(1,920,786)(785,243) INCREASE (DECREASE) IN NET FINANCIAL ASSETS 314,000 (266,762)1,247,289 Net financial debt - beginning of year (137,562)(137,562)(1,384,851) NET FINANCIAL ASSETS (DEBT) - END OF YEAR $176,438 $(404,324)$(137,562) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ See accompanying notes 6 Page 35 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Consolidated Statement of Cash Flow Year ended December 31, 2020 2020 2019 OPERATING ACTIVITIES Annual surplus $1,654,024 $2,032,532 Items not affecting cash: Amortization of tangible capital assets 3,033,398 2,733,420 Loss on disposal of tangible capital assets 1,567,289 1,383,216 Change in equity - Tillsonburg Hydro Inc.(222,279)(327,397) 6,032,432 5,821,771 Changes in non-cash working capital: Taxes receivable 420,052 (182,744) Accounts receivable 152,108 (445,744) Due from unconsolidated entities (1,137,124)2,052,424 Land held for resale 67,448 (46,286) Accounts payable 318,179 (2,024,035) Other current liabilities 2,579,630 1,520,465 Deferred revenue (95,475)1,892,690 Inventory 16,975 3,879 Prepaid expenses 131,886 (168,023) 2,453,679 2,602,626 Cash flow from operating activities 8,486,111 8,424,397 CAPITAL ACTIVITIES Acquisition of tangible capital assets (6,854,065)(4,846,793) Proceeds from sale of tangible capital assets 183,731 109,057 Cash flow used by capital activities (6,670,334)(4,737,736) FINANCING ACTIVITIES Net change in long term debt 572,079 648,414 Cash flow from financing activities 572,079 648,414 INCREASE IN CASH FLOW 2,387,856 4,335,075 Cash - beginning of year 7,296,353 2,961,278 CASH - END OF YEAR $9,684,209 $7,296,353 CASH CONSISTS OF: Cash $4,676,274 $2,241,437 Investments 5,007,935 5,054,916 $9,684,209 $7,296,353 Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ See accompanying notes 7 Page 36 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 1.NATURE OF OPERATIONS The Corporation of the Town of Tillsonburg (the Town), is a town in the Province of Ontario, Canada. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The consolidated financial statements of the Town are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants of Canada. Significant aspects of the accounting policies adopted by the Town are as follows: Reporting entity (i) Consolidated entities The consolidated financial statements reflect the assets, liabilities, revenues, expenses, changes in accumulated surplus, and changes in net financial assets of the reporting entity. The consolidated financial statements include the activities of all committees of Council and local boards, municipal enterprises and utilities which are owned or controlled by the Town. These consolidated financial statements include: Tillsonburg Business Improvement Area All inter-departmental and inter-organizational transactions and balances between these organizations have been eliminated. The investments in government business enterprises are accounted for using the modified equity basis which is consistent with the Canadian generally accepted accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Town and inter-organizational transactions and balances are not eliminated. The following government business enterprise is reflected in these consolidated financial statements: Tillsonburg Hydro Inc. (ii) Accounting for Oxford County and school board transactions The taxation, other revenue, expenses, assets and liabilities with respect to the operations of the school boards and Oxford County are not reflected in the municipal fund balances of these financial statements. The taxation revenue collected and remitted on behalf of the school boards amounted to $5,097,446 (2019 - $5,219,854). The taxation revenue collected and remitted on behalf of Oxford County amounted to $8,505,170 (2019 - $8,195,153). (iii) Trust funds Trust funds and their related operations administered by the municipality are not consolidated, but are reported separately on the "Trust Funds Statement of Continuity and Balance Sheet". (iv) Non-consolidated entities The following local boards, joint local boards, municipal enterprises and utilities are not consolidated: Tillsonburg Waterworks Department (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 8 Page 37 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Tillsonburg Sanitary Sewer Department Basis of presentation Revenue and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. Revenue recognition (i) Taxation Annually, the Town bills and collects property tax revenue for municipal levy purposes as well as education taxes on behalf of the local school boards. The Town has the authority to levy and collect property taxes under the Municipal Act, 2001. The amount of the total annual municipal property tax levy is determined each year through Council's approval of the annual operating budget. Municipal tax rates are set annually by Council for each class of property, in accordance with legislation and Council-approved policies, in order to raise the revenue needed to meet operating budget requirements. The Municipal Property Assessment Corporation (MPAC), a not-for-profit corporation funded by all of Ontario's municipalities, is responsible for property assessments. MPAC provides the current value assessment (CVA) of each property in the returned assessment roll in December of each year. The amount of property tax levied on an individual property is the product of the CVA, the municipal tax rate by class, and the education tax rate by class. Taxation revenue is recorded at the time tax billings are issued. Additional property tax revenue can be added throughout the year relating to; newly occupied properties, properties omitted in the December assessment roll, or other MPAC adjustments. Tax revenue can also be reduced if there are reductions in assessment values resulting from property assessment appeals. (ii) Government transfers Government transfers are recognized as revenues when the transfer is authorized and any eligibility criteria are met, except to the extent that transfer stipulations give rise to an obligation that meets the definition of a liability. Transfers are recognized as deferred revenue when transfer stipulations give rise to a liability. Transfer revenue is recognized in the statement of operations as the stipulation liabilities are settled. (iii) User charges User charges relate to various municipal programs and fees imposed based on specific activities. Examples of user charges include: recreation programs, water, wastewater and solid waste. Revenue is recognized when the activity is performed or when services are rendered. (iv) Other income Other income is recognized in the year that the events giving rise to the revenue occur and the revenue is earned. Amounts received which relate to revenue that will be earned in a future year are deferred and reported as liabilities on the Consolidated Statement of Financial Position. (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 9 Page 38 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Tangible capital assets Tangible capital assets are stated at cost less accumulated amortization. Costs include all costs directly attributable to acquisition or construction of the tangible capital asset including transportation costs, installation costs, design and engineering fees, legal fees and site preparation costs. Contributed tangible capital assets are recorded at fair value at the time of the donation, with a corresponding amount recorded as revenue. Assets under construction are not amortized. Amortization is recorded on a straight-line basis over the estimated life of the tangible capital asset commencing the year the asset is available for productive use. Half the normal rate of amortization is recorded in the initial year of productive use. Amortization rates are as follows: Land improvements 25 to 50 years Buildings and structures 30 to 70 years Leasehold improvements term of lease Vehicles 3 to 20 years Information technology 3 to 10 years Equipment 5 to 40 years Roads 20 to 50 years Bridges and other structures 40 to 50 years Investments Investments are recorded at amortized cost less any amounts written off to reflect a permanent decline in value. Investments consist of authorized investments pursuant to provisions of the Municipal Act and comprise of high interest savings accounts. Investment income earned on available current funds, reserves and reserve funds (other than obligatory funds) are reported in the period earned. Investment income earned on obligatory reserve funds is added to the fund balance and forms part of the respective deferred revenue balances. Land held for resale Land held for resale is recorded at cost. Inventory Inventory of supplies held for consumption is valued at the lower of cost and replacement value. Deferred revenue The municipality receives funds for specific purposes which are externally restricted by legislation, regulation or agreement. These restricted funds are not available for general municipal purposes and are recognized as revenue in the fiscal year the funds are used for the specified purpose. (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 10 Page 39 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement uncertainty The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amount of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the period. Significant items subject to such estimates and assumptions include valuation allowances for taxes receivable, accounts receivable, and employee benefits liability. These estimates are reviewed periodically, and, as adjustments become necessary, they are reported in operations in the year which they become known. Actual results could differ from management's best estimates as additional information becomes available in the future. 3.CONTAMINATED SITES A contaminated site is an unproductive site at which substances occur in concentrations that exceed the maximum acceptable amounts under an environmental standard. A liability for remediation of contaminated sites is recognized when the Town is directly responsible or accepts responsibility; it is expected that future economic benefits will be given up; and a reasonable estimate for the amount can be made. All criteria must be met in order to recognize a liability. The Town received an order from the Ministry of Natural Resources to clean up the discharge from a failing abandoned oil well. The source well is under an existing road embankment, however, the exact location is not apparent. The responsibility for the cost to clean up and plug the abandoned oil well is in dispute. The matter has been referred to legal counsel and the outcome is not determinable at this time. The Town is not aware of any other contaminated sites. As at December 31, 2020 there is no liability recorded in the consolidated financial statements. The Town will continue to review contaminated sites on an annual basis and when the criteria for recognition have been met, a liability will be recorded. 4.INVESTMENTS Investments of $5,007,935 (2019 - $5,054,916) are recorded at their market value and are short-term in nature. Investments consist of a high interest savings accounts which have a market value approximating cost. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 11 Page 40 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 5.DUE FROM UNCONSOLIDATED ENTITIES The banking activities of the following entities are administered by the Town. Accordingly, the amount due from these entities represents the net working capital position between the Town and the entity as follows: 2020 2019 Tillsonburg Hydro Inc.$988,726 $(52,643) Town of Tillsonburg Waterworks Department 352,969 312,918 Town of Tillsonburg Sanitary Sewer Department 291,497 235,793 $1,633,192 $496,068 6.INVESTMENT IN TILLSONBURG HYDRO INC. The Town accounts for its 100% investment in Tillsonburg Hydro Inc. using the modified equity method. Under this method, the accounting policies of Tillsonburg Hydro Inc. are not adjusted to conform to those of the Town. In subsequent years, the cost of this investment is increased by the earnings or decreased by the losses of Tillsonburg Hydro Inc. Tillsonburg Hydro Inc. prepares their financial statements in accordance with International Financial Reporting Standards (IFRS). Condensed financial information of Tillsonburg Hydro Inc. is as follows: (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 12 Page 41 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 6.INVESTMENT IN TILLSONBURG HYDRO INC.(continued) Statement of Financial Position as at December 31 2020 2019 Current assets 4,547,621$ 4,885,924$ Property, plant and equipment 17,493,263 15,694,150 Other non-current assets 15,246 30,018 Regulatory assets 978,238 12,344 23,034,368$ 20,622,436$ Current liabilities 3,172,488$ 1,794,983$ Long-term liabilities 7,995,763 6,901,368 Regulatory liabilities 31,903 314,150 Equity 11,834,214 11,611,935 23,034,368$ 20,622,436$ Statement of Comprehensive Income and Changes in Equity 2020 2019 Revenue 27,225,060$ 24,211,739$ Cost of power 24,099,510 20,201,303 Distribution revenue 3,125,550 4,010,436 Net non-utility activities (7,567) 35,842 Expenses 3,589,865 3,503,804 Income before income taxes (471,882) 542,474 Income taxes 353,980 111,959 Net movement in regulatory balances (1,248,141) (96,882) Comprehensive income for the year, before dividends 422,279 527,397 Dividends 200,000 200,000 Net change in investment in Tillsonburg Hydro Inc.222,279$ 327,397$ Investment in Tillsonburg Hydro Inc. - Opening 11,611,935$ 11,284,538$ Net change in investment in Tillsonburg Hydro Inc.222,279 327,397 Investment in Tillsonburg Hydro Inc. - Ending 11,834,214$ 11,611,935$ Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 13 Page 42 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 7.DEFERRED REVENUE A requirement of the public sector accounting principles of the Canadian Institute of Chartered Professional Accountants, is that obligatory reserve funds be reported as deferred revenue. This requirement is in place as provincial legislation restricts how these funds may be used and under certain circumstances these funds may possibly be refunded. The balances in deferred revenue including obligatory reserve funds of the Town are as follows: Opening Contributions Investment Revenue Ending Balance Received Income Recognized Balance Development charges 2,397,788 1,170,483 15,635 (1,010,539) 2,573,367 Building permits 498,304 1,268,421 - (905,659) 861,066 Federal gas tax 581,310 481,497 15,941 (476,275) 602,473 Other 804,186 149,207 - (804,186) 149,207 4,281,588$ 3,069,608$31,576$ (3,196,659)$ 4,186,113$ Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 14 Page 43 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 8.LONG TERM LIABILITIES a) Long term liabilities reported on the Consolidated Statement of Financial Position is comprised of the following: 2020 2019 Total long term liabilities issued or assumed by the municipality and outstanding at the end of the year amounts to:14,604,574$14,032,495$ b) Of the long term liabilities reported above, principal payments are recoverable from general municipal revenues and are repayable as follows: 2021 1,434,234$ 2022 1,431,266 2023 1,410,357 2024 1,115,416 2025 1,090,981 Thereafter 8,122,320 14,604,574$ The above long term liabilities have maturity dates ranging from 2021 to 2044 with interest rates varying between 1.97% to 5.77%. c) The long term liabilities in part (a) have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayments and limits prescribed by the Ministry of Municipal Affairs and Housing. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 15 Page 44 of 371 D raft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 9.TANGIBLE CAPITAL ASSETS Assets Buildings and Transportation Roads and Other Under Land Fixtures Equipment Bridges Equipment Construction 2020 Cost, beginning of year 1,266,961$ 24,759,146$ 8,129,902$ 61,312,674$ 6,650,410$ 5,352,447$ 107,471,540$ Additions - 706,420 1,169,550 3,709,058 480,065 6,854,065 12,919,158 Disposals - - (220,866) (2,093,676) (86,085) - (2,400,627) Transfer to capital assets - - - - - (6,065,093) (6,065,093) Cost, end of year 1,266,961 25,465,566 9,078,586 62,928,056 7,044,390 6,141,419 111,924,978 Accumulated amortization, beginning of year - 9,704,593 3,589,872 26,541,272 4,486,917 - 44,322,654 Amortization - 573,844 549,656 1,603,311 306,587 - 3,033,398 Disposals - - (220,866) (342,656) (86,085) - (649,607) Accumulated amortization, end of year - 10,278,437 3,918,662 27,801,927 4,707,419 - 46,706,445 Net carrying amount, end of year 1,266,961$ 15,187,129$ 5,159,924$ 35,126,129$ 2,336,971$ 6,141,419$ 65,218,533$ (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 16 Page 45 of 371 D raft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 9.TANGIBLE CAPITAL ASSETS (continued) Assets Buildings and Transportation Roads and Other Under Land Fixtures Equipment Bridges Equipment Construction 2019 Cost, beginning of year 1,266,961$ 23,913,623$ 7,291,103$ 59,797,336$ 6,469,669$ 7,618,676$ 106,357,368$ Additions - 845,523 1,787,428 4,153,357 326,714 4,846,793 11,959,815 Disposals - - (948,629) (2,638,019) (145,973) - (3,732,621) Transfer to capital assets - - - - - (7,113,022) (7,113,022) Cost, end of year 1,266,961 24,759,146 8,129,902 61,312,674 6,650,410 5,352,447 107,471,540 Accumulated amortization, beginning of year - 9,143,749 4,080,926 26,285,543 4,319,364 - 43,829,582 Amortization - 560,844 457,575 1,409,300 305,701 - 2,733,420 Disposals - - (948,629) (1,153,571) (138,148) - (2,240,348) Accumulated amortization, end of year - 9,704,593 3,589,872 26,541,272 4,486,917 - 44,322,654 Net carrying amount, end of year 1,266,961$ 15,054,553$ 4,540,030$ 34,771,402$ 2,163,493$ 5,352,447$ 63,148,886$ Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 17 Page 46 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 10.ACCUMULATED SURPLUS The Town segregates its accumulated surplus into the following categories: 2020 2019 Investment in tangible capital assets 65,218,533$ 63,148,886$ Long term liabilities (14,604,574) (14,032,495) Unfinanced capital (3,025,810) (2,415,276) Net investment in tangible capital assets 47,588,149 46,701,115 Operating surplus 195,388 90,310 Tillsonburg BIA surplus 123,168 169,265 Reserves Council 3,587 3,556 Election 28,760 18,568 Physician recruitment 124,647 58,660 Tax rate stabilization 630,981 723,134 Insurance 1,298 - IT equipment 137,823 87,827 Asset management funding 972,386 974,091 Fleet and equipment 437,167 390,401 Fire department equipment 74,168 153,253 Police 79,354 78,682 Police services board 32,670 18,005 Engineering 242,975 75,144 Development remediation 18,489 18,168 Linear infrastructure 214,386 309,863 Airport 31,238 6,144 Waste management 1,904 1,888 Recreation, culture and parks 536,178 527,704 Facility infrastructure 1,110,545 555,935 Cemetery 67,469 66,897 Downtown parking 275,859 265,969 Economic development 135,046 337,311 5,156,930 4,671,200 Investment in Tillsonburg Hydro Inc.11,834,214 11,611,935 64,897,849$ 63,243,825$ Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 18 Page 47 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 11.GOVERNMENT TRANSFERS - FEDERAL Budget (note 17)2020 2019 Operating Conditional 3,200$ -$ 13,367$ Capital Infrastructure funding 48,800 101,331 - Federal gas tax revenue 1,195,300 476,275 499,996 1,247,300$ 577,606$ 513,363$ 12.GOVERNMENT TRANSFERS - PROVINCIAL Budget (note 17)2020 2019 Operating Ontario Municipal Partnership Fund 570,600$ 570,600$ 430,900$ Conditional 786,600 1,283,982 1,169,837 Capital Infrastructure funding 1,764,100 1,419,024 51,739 3,121,300$ 3,273,606$ 1,652,476$ 13.GOVERNMENT TRANSFERS - COUNTY OF OXFORD Budget (note 17)2020 2019 Operating Conditional 234,800$ 279,612$ 236,910 Capital Infrastructure funding 295,000 - - 529,800$ 279,612$ 236,910$ Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 19 Page 48 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 14.OTHER INCOME Budget (note 17)2020 2019 Penalties and interest on taxes $160,000 $168,443 $159,872 Investment income 243,500 318,753 391,988 Developer contributions 1,409,000 1,010,538 532,314 Donations 255,400 192,933 705,103 $2,067,900 $1,690,667 $1,789,277 15.CONTRACTUAL OBLIGATIONS Ontario Provincial Police contract The Town of Tillsonburg has entered into a six-year agreement with the Solicitor General of Ontario for the provision of police services. The six-year term expires in December 2025. The annual cost of this contract for 2020 was $3,356,445 (2019 - $3,228,460). 16.PENSION AGREEMENTS The Town makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan, which specifies the amount of the retirement benefits to be received by the employees based on length of service and rate of pay. The amount contributed to OMERS for current service is included as an expenditure on the Consolidated Statement of Operations. The amount contributed to OMERS for 2020 was $761,333 (2019 - $748,299). Since any surpluses or deficits are a joint responsibility of all Ontario municipalities and their employees, the Town does not recognize any share of the OMERS pension surplus or deficit in these consolidated financial statements. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 20 Page 49 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 17.BUDGET FIGURES The operating budgets adopted by Town of Tillsonburg Council were not prepared on a basis consistent with the reporting requirements of the Public Sector Accounting Board. The budgets were prepared on a modified accrual basis while Public Sector Accounting Standards now require a full accrual basis to be used. The budget figures anticipated using surpluses accumulated in previous years to reduce current year expenditures in excess of current year revenues to $nil. In addition, the budget expensed all tangible capital expenditures rather than including amortization expense. As a result, the budget figures presented in the Consolidated Statements of Operations represent the budget adopted by Council with adjustments as follows: 2020 Operating budget surplus for the year adopted by Council -$ Add: Budgeted transfers to the capital fund for tangible capital asset purchases 19,501,900 Budgeted transfers to reserves 437,300 Principal payments on debt 1,396,300 Less: Amortization (3,033,398) Proceeds on debt issue (8,799,800) Budgeted transfers from reserves (3,770,400) Budget surplus per Consolidated Statement of Operations 5,731,902$ 18.COVID-19 In March 2020, the World Health Organization declared a global pandemic due to the novel coronavirus (COVID-19). The situation is constantly evolving, and the measures put in place are having multiple impacts on local, provincial, national and global economies. As at the date of issuance of the financial statements, the Corporation is aware of changes in its operations as a result of the COVID-19 crisis. Management is uncertain of the effects of these changes on its financial statements and believes that any disturbance may be temporary, however, there is uncertainty about the length and potential impact of the disturbance. As a result, we are unable to estimate the potential impact on the Corporation's operations as at the date of these financial statements. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 21 Page 50 of 371 Draft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 19.SEGMENTED INFORMATION The Corporation of Town of Tillsonburg is a lower-tier municipality of Oxford County that provides a wide range of services to its residents. The major services chosen for segmented disclosure are the five departments which consume the greatest amount of the Town's total operating expenses. The revenue and expenses reported for each segment includes directly attributable amounts as well as internal charges and recoveries allocated on a reasonable basis. A description of each major service and the activities each provide are as follows: General government The general government includes council and corporate management. Protection services The protection services include fire, police, protective inspection and control, and building permit and inspection services. Transportation services The transportation services department is responsible for the safe and efficient movement of people and goods within the Town of Tillsonburg. Responsibilities include road construction and maintenance, winter control, transit, airport, developing parking and traffic by-laws, and implementation and maintenance of street lighting. Recreation and cultural This segment includes parks, recreation programs, recreation facilities, museums, and community events. Other services Other services include storm sewer, solid waste collection, cemeteries, and planning and development. (continues) Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 22 Page 51 of 371 D raft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 19. SEGMENTED INFORMATION (continued) General Government Protection Services Transportation Services Recreation and Cultural Services Other Services Consolidated 2020 Revenue Government transfers 1,343,955$ 154,221$ 2,295,074$ 196,871$ 140,703$ 4,130,824$ User charges 636,389 1,794,669 474,336 779,609 419,971 4,104,974 Other revenue [1]817,370 33,000 (958,472) 233,896 219,863 345,657 2,797,714 1,981,890 1,810,938 1,210,376 780,537 8,581,455 Expenses Salaries, wages and benefits 2,356,810 1,970,541 1,925,850 2,600,233 617,468 9,470,902 Materials 228,527 733,992 1,003,885 1,137,645 1,567,579 4,671,628 Contracted services 679,981 3,563,003 732,414 563,992 303,360 5,842,750 External transfers 51,500 - - - - 51,500 Inter-functional adjustments (1,372,639) 362,947 446,304 340,896 222,492 - Financial expenses 240,587 15,000 14,822 - - 270,409 Interest on long term liabilities 94,236 5,767 201,306 193,339 14,109 508,757 Amortization 687,847 105,337 1,636,953 496,709 106,552 3,033,398 2,966,849 6,756,587 5,961,534 5,332,814 2,831,560 23,849,344 Deficiency of revenue over expenses for the year financed by net municipal levy (169,135)$ (4,774,697)$ (4,150,596)$ (4,122,438)$ (2,051,023)$ (15,267,889)$ Taxation revenue 16,921,913 Annual surplus 1,654,024$ [1] Other revenue - Includes penalties and interest on taxes, investment income, gain (loss) on sale of assets, developer contributions, donations and equity in Tillsonburg Hydro Inc. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 23 Page 52 of 371 D raft for discussion purposes onlyThe Corporation of the Town of Tillsonburg Notes to Consolidated Financial Statements Year ended December 31, 2020 19. SEGMENTED INFORMATION (continued) General Government Protection Services Transportation Services Recreation and Cultural Services Other Services Consolidated 2019 Revenue Government transfers 1,336,344$ 69,731$ 738,666$ 113,330$ 144,678$ 2,402,749$ User charges 694,064 1,586,037 764,560 1,507,507 478,264 5,030,432 Other revenue [1]1,249,652 12,426 (1,419,447) 607,179 283,648 733,458 3,280,060 1,668,194 83,779 2,228,016 906,590 8,166,639 Expenses Salaries, wages and benefits 2,507,212 2,013,949 1,849,205 2,759,045 524,848 9,654,259 Materials 385,148 603,380 1,112,964 1,265,957 529,108 3,896,557 Contracted servi ces 621,678 3,394,226 434,678 590,167 247,534 5,288,283 External transfers 46,000 - - - - 46,000 Inter-functional adjustments (1,295,184) 337,712 457,878 267,430 232,164 - Financial expenses 262,058 - 14,993 - - 277,051 Interest on long term liabilities 88,416 5,937 171,094 209,458 30,173 505,078 Amortization 618,978 85,845 1,443,683 479,378 105,536 2,733,420 3,234,306 6,441,049 5,484,495 5,571,435 1,669,363 22,400,648 Deficiency of revenue over expenses for the year financed by net municipal levy 45,754$ (4,772,855)$ (5,400,716)$ (3,343,419)$ (762,773)$ (14,234,009)$ Taxation revenue 16,266,541 Annual surplus 2,032,532$ [1] Other revenue - Includes penalties and interest on taxes, investment income, gain (loss) on sale of assets, developer contributions, donations and equity in Tillsonburg Hydro Inc. Printed: June 09, 2021 10:51 AM Prep ________ Added ________ Approved _______ 24 Page 53 of 371 The Corporation of the Town of Tillsonburg - Trust Funds Financial Statements December 31, 2020 Page 54 of 371 INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the Town of Tillsonburg: Qualified Opinion We have audited the financial statements of the Trust Funds of The Corporation of the Town of Tillsonburg (the Trust Funds), which comprise of the statement of financial position as at December 31, 2020, and the statement of continuity for the year then ended, and notes to the financial statements, including a summary of significant accounting policies. In our opinion, except for the possible effects of the matter described in the Basis for Qualified Opinion section of our report, the accompanying financial statements present fairly, in all material respects, the statement of financial position of the Trust Funds as at December 31, 2020, and statement of continuity for the year then ended, in accordance with Canadian public sector accounting standards. Basis for Qualified Opinion The Trust Funds derive revenue from donations the completeness of which is not susceptible of satisfactory audit verification. Accordingly, our verification of these revenues was limited to the amounts recorded in the records of the Trust Funds and we were not able to determine whether any adjustments might be necessary to donation revenue, net receipts for the year, and net assets. We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Trust Funds in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with those requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our qualified audit opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Trust Funds' ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless management either intends to liquidate the Trust Funds or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Trust Funds' financial reporting process. (continues) 1 Page 55 of 371 Independent Auditors' Report to the Members of Council, Inhabitants and Ratepayers of the Corporation of the Town of Tillsonburg (continued) Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Trust Funds’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Trust Funds’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Trust Funds to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Millard, Rouse & Rosebrugh LLP June 28, 2021 Chartered Professional Accountants Tillsonburg, Ontario Licensed Public Accountants 2 Page 56 of 371 The Corporation of the Town of Tillsonburg Statement of Financial Position - Trust Funds As at December 31, 2020 Annandale House Ceme tery Maintenance Ceme tery Perpetual Care Ceme tery Prepaid Costs Community JL Scott McLean Lake Lisgar Revitalization Parkland Scholarship Total 2020 Total 2019 $$$$$$$$$$$ NET ASSETS Cash 38,622 2,329 24,195 3,859 5,226 28,645 3,287 4,973 3,661 114,797 28,987 Investments (Note 2)106,000 34,000 925,000 26,500 72,500 64,000 26,000 19,000 32,000 1,305,000 1,405,000 Interest receivable 370 112 3,030 88 241 226 87 50 106 4,310 5,132 Donation receivable - - - - - - - - - - 47 Due from (to) Town of Tillsonburg 260 38 (2,930) (105) - - - - - (2,737) (66,176) TOTAL NET ASSETS 145,252 36,479 949,295 30,342 77,967 92,871 29,374 24,023 35,767 1,421,370 1,372,990 TRUST FUND BALANCE 145,252 36,479 949,295 30,342 77,967 92,871 29,374 24,023 35,767 1,421,370 1,372,990 See accompanying notes 3 Page 57 of 371 The Corporation of the Town of Tillsonburg Statement of Continuity - Trust Funds Year ended December 31, 2020 Annandale House Cemetery Maintenance Cemetery Perpetual Care Cemetery Prepaid Costs Community JL Scott McLean Lake Lisgar Revitalization Parkland Scholarship Total 2020 Total 2019 $$$$$$$$$$$ RECEIPTS Donations and fees 8,579 - - - 6,357 25,825 7,500 3,000 - 51,261 284,499 Investment income 3,570 985 27,027 836 2,129 2,501 823 549 979 39,399 32,716 Other revenue - - 16,860 - - - - - - 16,860 41,195 12,149 985 43,887 836 8,486 28,326 8,323 3,549 979 107,520 358,410 Disbursements Donations - - - - 3,852 - - - 750 4,602 12,581 Expenditures for trust fund obligations - - 27,027 105 - 19,970 7,436 - - 54,538 638,692 - - 27,027 105 3,852 19,970 7,436 - 750 59,140 651,273 NET RECEIPTS FOR THE YEAR 12,149 985 16,860 731 4,634 8,356 887 3,549 229 48,380 (292,863) Trust fund balance - beginning of ye ar 133,103 35,494 932,435 29,611 73,333 84,515 28,487 20,474 35,538 1,372,990 1,665,853 TRUST FUND BALANCE - END OF YEAR 145,252 36,479 949,295 30,342 77,967 92,871 29,374 24,023 35,767 1,421,370 1,372,990 See accompanying notes 4 Page 58 of 371 The Corporation of the Town of Tillsonburg - Trust Funds Notes to the Trust Funds Financial Statements Year ended December 31, 2019 1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation The financial statements of the Trust Funds of the Corporation of the Town of Tillsonburg are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants of Canada. Revenue recognition Revenues and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of the legal obligation to pay. Measurement uncertainty The preparation of financial statements in accordance with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amount of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reported period. Actual results could differ from management's best estimates as additional information becomes available in the future. Tangible capital assets The trust funds do not own any tangible capital assets. 2.INVESTMENTS Investments of the Trust Funds of $1,305,000 (2019 - $1,405,000) reported on the Statement of Financial Position consist of guaranteed investment certificates and are recorded at cost which approximates market value. 3.STATEMENT OF CASH FLOW A statement of cash flow has not been provided as the information is readily available in the financial statements provided. 5 Page 59 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Financial Statements December 31, 2020 Prepared by Reviewed by Reviewed by KK 5/10/21 Printed: June 14, 2021 3:12 PM Page 60 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Index to Financial Statements December 31, 2020 Page INDEPENDENT AUDITORS' REPORT 1 - 2 FINANCIAL STATEMENTS Statement of Financial Position 3 Statement of Operations and Accumulated Surplus 4 Statement of Changes in Net Financial Assets (Debt)5 Statement of Cash Flow 6 Notes to Financial Statements 7 - 8 Printed: June 14, 2021 3:12 PM Page 61 of 371 Draft for discussion purposes onlyINDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg Opinion We have audited the financial statements of The Corporation of the Town of Tillsonburg Waterworks Department (Waterworks Department), which comprise the consolidated statement of financial position as at December 31, 2020, and the statements of operations and accumulated surplus, changes in net financial assets (debt) and cash flow for the year then ended, and notes to the financial statements, including a summary of significant accounting policies. In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Waterworks Department as at December 31, 2020, and the results of its operations and its cash flow for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Waterworks Department in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with those requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Other Matters Budget figures are provided for comparative purposes and have not been subject to audit procedures. Accordingly, we do not express any opinion regarding the budget figures. We draw our attention to Note 6 of the financial statements, which describes the effects of the coronavirus disease (COVID-19) on the Sanitary Sewer Department. Our opinion is not modified in respect of this matter. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Waterworks Department's ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless management either intends to liquidate the Waterworks Department or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Waterworks Department's financial reporting process. (continues) Printed: June 14, 2021 3:12 PM 1 Page 62 of 371 Draft for discussion purposes onlyIndependent Auditors' Report to the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg (continued) Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Waterworks Department’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Waterworks Department’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Waterworks Department to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Millard, Rouse & Rosebrugh LLP June 28, 2021 Chartered Professional Accountants Tillsonburg, Ontario Licensed Public Accountants Printed: June 14, 2021 3:12 PM 2 Page 63 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Statement of Financial Position As at December 31, 2020 2020 2019 FINANCIAL ASSETS Accounts receivable $702,983 $592,859 LIABILITIES Due to Town of Tillsonburg 352,968 312,917 Due to County of Oxford 430,475 353,386 783,443 666,303 NET FINANCIAL DEBT (80,460)(73,444) NON-FINANCIAL ASSETS Inventory 80,460 73,444 ACCUMULATED SURPLUS $-$- Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ See accompanying notes 3 Page 64 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Statement of Operations and Accumulated Surplus Year ended December 31, 2020 Budget 2020 2020 2019 REVENUE Direct water billings $3,830,400 $3,962,253 $3,589,034 Other revenue 23,000 83,484 54,407 3,853,400 4,045,737 3,643,441 Expenses Operating and maintenance 993,600 1,013,472 960,222 Customer service 329,400 345,328 321,833 Bad debt expense 10,000 15,726 1,566 Equipment and distribution system 501,200 136,619 638,749 1,834,200 1,511,145 1,922,370 2,019,200 2,534,592 1,721,071 Other Expense County of Oxford 2,019,200 2,534,592 1,721,071 ANNUAL SURPLUS $--- Accumulated surplus - beginning of year --- ACCUMULATED SURPLUS - END OF YEAR $-$-$- Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ See accompanying notes 4 Page 65 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Statement of Changes in Net Financial Assets (Debt) Year ended December 31, 2020 Budget 2020 2020 2019 ANNUAL SURPLUS $-$-$- Decrease (increase) in inventory -(7,016)22,214 INCREASE (DECREASE) IN NET FINANCIAL ASSETS -(7,016)22,214 Net financial assets (debt) - beginning of year -(73,444)(95,658) NET FINANCIAL ASSETS (DEBT) - END OF YEAR $-$(80,460)$(73,444) Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ See accompanying notes 5 Page 66 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Statement of Cash Flow Year ended December 31, 2020 2020 2019 OPERATING ACTIVITIES Annual surplus (deficit)$-$- Changes in non-cash working capital: Accounts receivable (110,124)35,005 Due to Town of Tillsonburg 40,051 (2,316) Due to County of Oxford 77,089 (54,903) Inventory (7,016)22,214 -- INCREASE IN CASH FLOW -- Cash - beginning of year -- CASH - END OF YEAR $-$- Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ See accompanying notes 6 Page 67 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Notes to Financial Statements Year ended December 31, 2020 1.INCORPORATION The Corporation of the Town of Tillsonburg Waterworks Department (Waterworks Department) is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Waterworks Department was assumed by the County of Oxford. 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Waterworks Department are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants of Canada. Significant aspects of the accounting policies adopted by the Waterworks Department are as follows: Reporting entity The financial statements reflect the assets, liabilities, revenues, expenses and accumulated surplus of the Waterworks Department. Basis of presentation Revenue and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. Revenue recognition Revenue is recognized in the financial statements as revenue in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligible criteria have been met, and reasonable estimates of the amounts can be made. Direct water billings are recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. Tangible capital assets The Waterworks Department does not own any tangible capital assets. Inventory Inventory of supplies held for consumption is valued at the lower of cost and replacement value. Cost is determined on an averaged basis. (continues) Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ 7 Page 68 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Waterworks Department Notes to Financial Statements Year ended December 31, 2020 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement uncertainty The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amount of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the period. Significant items subject to such estimates and assumptions include accounts receivable, inventory and direct water billings. These estimates are reviewed periodically, and, as adjustments become necessary, they are reported in operations in the year which they become known. Actual results could differ from management's best estimates as additional information becomes available in the future. 3.ACCOUNTS RECEIVABLE The accounts receivable of the Waterworks Department are reported net of an allowance for doubtful accounts in the amount of $14,861 (2019 - $10,535). 4.CONTINUING OPERATIONS All banking activities are administered by the Town of Tillsonburg, on behalf of the Waterworks Department's activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town of Tillsonburg and the Waterworks Department after adding or deducting payments made to or received from the County of Oxford. 5.BUDGET FIGURES The operating budget approved by the County of Oxford for 2020 is reflected in these financial statements. 6.COVID-19 In March 2020, the World Health Organization declared a global pandemic due to the novel coronavirus (COVID-19). The situation is constantly evolving, and the measures put in place are having multiple impacts on local, provincial, national and global economies. As at the date of issuance of the financial statements, the Waterworks Department is aware of changes in its operations as a result of the COVID-19 crisis. Management is uncertain of the effects of these changes on its financial statements and believes that any disturbance may be temporary, however, there is uncertainty about the length and potential impact of the disturbance. As a result, we are unable to estimate the potential impact on the Waterworks Department's operations as at the date of these financial statements. Printed: June 14, 2021 3:12 PM Prep ________ Added ________ Approved _______ 8 Page 69 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Financial Statements December 31, 2020 Prepared by Reviewed by Reviewed by KK 5/11/21 Printed: June 11, 2021 1:24 PM Page 70 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Index to Financial Statements December 31, 2020 Page INDEPENDENT AUDITORS' REPORT 1 - 2 FINANCIAL STATEMENTS Statement of Financial Position 3 Statement of Operations and Accumulated Surplus 4 Statement of Changes in Net Assets 5 Statement of Cash Flow 6 Notes to Financial Statements 7 - 8 Printed: June 11, 2021 1:24 PM Page 71 of 371 Draft for discussion purposes onlyINDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg Opinion We have audited the financial statements of The Corporation of the Town of Tillsonburg Sanitary Sewer Department (Sanitary Sewer Department), which comprise the consolidated statement of financial position as at December 31, 2020, and the statements of operations and accumulated surplus, changes in net assets and cash flow for the year then ended, and notes to the financial statements, including a summary of significant accounting policies. In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Sanitary Sewer Department as at December 31, 2020, and the results of its operations and its cash flow for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Sanitary Sewer Department in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with those requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Other Matters Budget figures are provided for comparative purposes and have not been subject to audit procedures. Accordingly, we do not express any opinion regarding the budget figures. We draw our attention to Note 6 of the financial statements, which describes the effects of the coronavirus disease (COVID-19) on the Sanitary Sewer Department. Our opinion is not modified in respect of this matter. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Sanitary Sewer Department's ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless management either intends to liquidate the Sanitary Sewer Department or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Sanitary Sewer Department's financial reporting process. (continues) Printed: June 11, 2021 1:24 PM 1 Page 72 of 371 Draft for discussion purposes onlyIndependent Auditors' Report to the Members of Council, Inhabitants and Ratepayers of The Corporation of the Town of Tillsonburg (continued) Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Sanitary Sewer Department’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Sanitary Sewer Department’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Sanitary Sewer Department to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Millard, Rouse & Rosebrugh LLP June 28, 2021 Chartered Professional Accountants Tillsonburg, Ontario Licensed Public Accountants Printed: June 11, 2021 1:24 PM 2 Page 73 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Statement of Financial Position As at December 31, 2020 2020 2019 FINANCIAL ASSETS Accounts receivable $679,651 $582,449 LIABILITIES Due to Town of Tillsonburg 291,497 235,794 Due to County of Oxford 388,154 346,655 679,651 582,449 NET ASSETS $-$- Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ See accompanying notes 3 Page 74 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Statement of Operations and Accumulated Surplus Year ended December 31, 2020 Budget 2020 2020 2019 REVENUE Surcharge on direct water billings $3,331,400 $3,592,082 $3,269,343 Taxation 485,000 480,812 487,983 3,816,400 4,072,894 3,757,326 Expenses Operating and maintenance 419,400 414,280 417,744 Bad debt expense 5,000 19,753 527 Equipment and distribution system 849,100 590,402 246,311 1,273,500 1,024,435 664,582 2,542,900 3,048,459 3,092,744 Other Expense County of Oxford 2,542,900 3,048,459 3,092,744 ANNUAL SURPLUS $--- Accumulated surplus - beginning of year --- ACCUMULATED SURPLUS - END OF YEAR $-$-$- Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ See accompanying notes 4 Page 75 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Statement of Changes in Net Assets Year ended December 31, 2020 Budget 2020 2020 2019 ANNUAL SURPLUS $-$-$- INCREASE IN NET FINANCIAL ASSETS --- Net assets - beginning of year --- NET ASSETS - END OF YEAR $-$-$- Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ See accompanying notes 5 Page 76 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Statement of Cash Flow Year ended December 31, 2019 2020 2019 OPERATING ACTIVITIES Annual surplus $-$- Changes in non-cash working capital: Accounts receivable (97,202)(13,122) Due to Town of Tillsonburg 55,703 42,270 Due to County of Oxford 41,499 (29,148) -- INCREASE IN CASH FLOW -- Cash - beginning of year -- CASH - END OF YEAR $-$- Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ See accompanying notes 6 Page 77 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Notes to Financial Statements Year ended December 31, 2020 1.INCORPORATION The Corporation of the Town of Tillsonburg Sanitary Sewer Department (Sanitary Sewer Department) is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Sanitary Sewer Department was assumed by the County of Oxford. 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Sanitary Sewer Department are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants of Canada. Significant aspects of the accounting policies adopted by the Sanitary Sewer Department are as follows: Reporting entity The financial statements reflect the assets, liabilities, revenues, expenses and accumulated surplus of the Sanitary Sewer Department. Basis of presentation Revenue and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. Revenue recognition Revenue is recognized in the financial statements as revenue in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligible criteria have been met, and reasonable estimates of the amounts can be made. Surcharge on direct water billings are recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. Tangible capital assets The Sanitary Sewer Department does not own any tangible capital assets. (continues) Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ 7 Page 78 of 371 Draft for discussion purposes onlyCorporation of the Town of Tillsonburg Sanitary Sewer Department Notes to Financial Statements Year ended December 31, 2020 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement uncertainty The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amount of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the period. Significant items subject to such estimates and assumptions include accounts receivable and surcharge on direct water billings. These estimates are reviewed periodically, and, as adjustments become necessary, they are reported in operations in the year which they become known. Actual results could differ from management's best estimates as additional information becomes available in the future. 3.ACCOUNTS RECEIVABLE The accounts receivable of the Sanitary Sewer Department are reported net of an allowance for doubtful accounts in the amount of $19,263 (2019 - $11,701). 4.CONTINUING OPERATIONS All banking activities are administered by the Town of Tillsonburg, on behalf of the Sanitary Sewer Department's activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town of Tillsonburg and the Sanitary Sewer Department after adding or deducting payments made to or received from the County of Oxford. 5.BUDGET FIGURES The operating budget approved by the County of Oxford for 2020 is reflected in these financial statements. 6.COVID-19 In March 2020, the World Health Organization declared a global pandemic due to the novel coronavirus (COVID-19). The situation is constantly evolving, and the measures put in place are having multiple impacts on local, provincial, national and global economies. As at the date of issuance of the financial statements, the Sanitary Sewer Department is aware of changes in its operations as a result of the COVID-19 crisis. Management is uncertain of the effects of these changes on its financial statements and believes that any disturbance may be temporary, however, there is uncertainty about the length and potential impact of the disturbance. As a result, we are unable to estimate the potential impact on the Sanitary Sewer Department's operations as at the date of these financial statements. Printed: June 11, 2021 1:24 PM Prep ________ Added ________ Approved _______ 8 Page 79 of 371 Page 80 of 371 Page 81 of 371 Page 82 of 371 Town of Tillsonburg Community Strategic Plan June 2021 Page 83 of 371 Town of Tillsonburg Community Strategic Plan 2 Message from the Mayor On behalf of Municipal Council and the Town of Tillsonburg, I am pleased to present our new Community Strategic Plan. As a Community Strategic Plan, hearing from local residents, businesses and community groups was an important and instrumental part of developing the priorities identified in this document. Even while the process was developing during challenging times the focus remained on ensuring every opportunity was available for effective and efficient public engagement. I am pleased to report that more than 400 individuals from throughout our community contributed their ideas. Whether you completed our community survey, prepared submissions from your organization, or participated in a focus group, please be assured that every contribution was carefully considered and helped to formulate the eventual roadmap that will guide our community over the next ten years. As we listened to our community, key themes emerged such as ensuring affordable and attainable housing options, enhancing our trails and community amenities, attracting and retaining strong employment opportunities, fostering community partnerships, and maintaining our family-oriented small town appeal. These needs are addressed within our Community Strategic Plan with tangible priority projects and timelines. Municipal accountability and regular community updates will remain key to delivering on the framework of this living document. The Mission, Vision and Values identified in this comprehensive plan reflect who we are as a community, where we have come from, and importantly focuses on where we are going to enhance and protect the legacy of our unique community. I would like to take this opportunity to thank our Town employees for contributing their ideas during this process. Our team at the Town is proud to serve the people of Tillsonburg and demonstrate their commitment to the community on a daily basis. We are grateful for the contributions and guidance of our community as we continue to strive for local government excellence. I hope you will take the time to review the objectives we’ve presented in this document and the aspirational goals as contributed by our community partners and hold us accountable for results. Page 84 of 371 Town of Tillsonburg Community Strategic Plan 3 This Community Strategic Plan, as reinforced by the population of the Town of Tillsonburg, is designed to guide the municipality over the next several years, while remaining flexible to ensure opportunities remain available to succeed and prosper within the overall scope of our shared collective Vision. We look forward to continuing to work with you to build a Tillsonburg that is connected, enriched and inspired. Sincerely, Stephen Molnar Mayor Page 85 of 371 Town of Tillsonburg Community Strategic Plan 4 Town Council Get to know your 2018-2022 Tillsonburg Town Council: Mayor Stephen Molnar 519-688-3009 ext. 4050 smolnar@tillsonburg.ca Deputy Mayor Dave Beres 519-688-3009 ext. 4051 dberes@tillsonburg.ca Councillor Penny Esseltine 519-688-3009 ext. 4052 pesseltine@tillsonburg.ca Councillor Deb Gilvesy 519-688-3009 ext. 4053 dgilvesy@tillsonburg.ca Councillor Pete Luciani 519-688-3009 ext. 4054 pluciani@tillsonburg.ca Councillor Christopher Parker 519-688-3009 ext. 4055 cparker@tillsonburg.ca Councillor Chris Roseheart 519-688-3009 ext. 4056 croseheart@tillsonburg.ca Page 86 of 371 Town of Tillsonburg Community Strategic Plan 5 What is a Community Strategic Plan? The Town of Tillsonburg Community Strategic Plan provides a roadmap for municipal projects, priorities and initiatives by working with residents, businesses, community partners and employees to answer the following five questions: 1. What are we working toward as a community? VISION STATEMENT 2. What is the Town of Tillsonburg’s role? MISSION STATEMENT 3. Which values are most important in serving Tillsonburg? CORPORATE VALUES 4. Where should we focus our energy and attention? GOALS | STRATEGIC DIRECTIONS | PRIORITY PROJECTS 5. How will we know the plan is successful? PERFORMANCE MEASUREMENT FRAMEWORK Page 87 of 371 Town of Tillsonburg Community Strategic Plan 6 Vision What are we working toward as a community? “Our vision for Tillsonburg is a vibrant, engaged community, built on partnerships and entrepreneurial spirit, offering diverse housing and employment options, rich culture and heritage, modern amenities, small- town appeal and sustainable growth while serving as a regional centre.” Mission What is the Town of Tillsonburg’s role? “The Town of Tillsonburg strives for excellence in local government by providing efficient and effective municipal services, facilitating partnerships, attracting and supporting businesses, promoting local heritage and identity, advancing the community as a regional centre and demonstrating results to the community.” Page 88 of 371 Town of Tillsonburg Community Strategic Plan 7 Corporate Values Which values are most important in serving Tillsonburg? Values are the behaviours that govern how individuals in an organization interact with each other and their customers. Serving our community We have heard from our community that the following values are most important when interacting with Town representatives and employees. • Integrity – Doing what is right and making decisions in the best interest of the community. • Service – Providing exceptional customer experiences and effective municipal services. • Accountability – Demonstrating value for tax dollars and visible progress on municipal initiatives. • Efficiency – Making each tax dollar go as far as possible. • Transparency – An open government that is forthcoming with information and decisions. • Respect – Valuing the role that each resident, business and organization plays in making Tillsonburg a great community. • Communication – Raising awareness for municipal services, initiatives and decisions and offering opportunities for the community to become involved. • Professionalism – Information and services provided by highly knowledgeable and skilled municipal experts. • Consistency – Clear policies and procedures that are applied with fairness for all residents, businesses and community partners. Working as one team To succeed in serving our community, our team prioritizes the following values when working together. • Respect – Valuing the role that each employee, regardless of title or position, plays in making Tillsonburg a great community. • Teamwork – Breaking down silos and working as one team in service to the community. • Service – Providing exceptional customer experiences and effective municipal services. • Accountability – Demonstrating value for tax dollars and visible progress on municipal initiatives. • Integrity – Doing what is right and making decisions in the best interest of the community. Page 89 of 371 Town of Tillsonburg Community Strategic Plan 8 • Professionalism – Investing in the growth of employees to deliver value to Tillsonburg. • Communication – Sharing knowledge across the organization to engage employees and meet the needs of customers and partners. • Transparency – An open government that is forthcoming with information and decisions. • Trust – Relying on colleagues for responsive support to meet customer needs and achieve shared goals. Page 90 of 371 Town of Tillsonburg Community Strategic Plan 9 Goals Where should we focus our energy and attention? The following goals guide the implementation of the Town of Tillsonburg’s Community Strategic Plan: 1. Lifestyle and Amenities: Within the community, Tillsonburg will strive to offer residents – from children to seniors – the amenities, services and attractions they require to enjoy balanced lifestyles. 2. Customer Service, Communication and Engagement: The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. 3. Business Attraction, Retention and Expansion: Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. 4. Community Growth: The Town of Tillsonburg will accommodate and finance sustainable, responsible growth, welcoming new residents and businesses while retaining the community’s unique identity. 5. Connectivity and Transportation: Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. The actions and priorities under each of these goals are described on the following pages. Page 91 of 371 Town of Tillsonburg Community Strategic Plan 10 1. Lifestyle and Amenities Goal: Within the community, Tillsonburg will strive to offer residents – from children to seniors – the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Directions: • Work with Oxford County and community partners to ensure an adequate supply of affordable, attainable housing options. • Provide an expanded, accessible network of parks and trails, complete with end-use facilities. • Update municipal sports facilities consistent with modern standards. • Develop a robust, long-term asset management plan to inform evidence-based decisions regarding the maintenance, rehabilitation and replacement of community facilities. • Facilitate the enhancement and diversification of retail and dining opportunities in the downtown. • Increase opportunities to enjoy culture, events and leisure activities in Tillsonburg. • Maintain and enhance programs and facilities to support an active, engaged senior population. • Maintain and enhance programs and facilities to support an active, engaged youth population. • Target new programs, services, amenities and attractions that will be a magnet for young families. • Expand community partnerships in the delivery of programs and amenities. • Preserve and naturalize Lake Lisgar and its surroundings as a community attraction. Priority Projects: Ongoing • Physician recruitment program • New playgrounds construction Immediate Term (1-3 year implementation start) • Community Centre rehabilitation • Enhanced tree planting • Affordable housing collaboration with Oxford County • Partnership for a new splash pad Short-Term (3-5 year implementation start) Page 92 of 371 Town of Tillsonburg Community Strategic Plan 11 • Trail system upgrades • Long-term care advocacy • Secure a new walk-in clinic • Property standards review and enforcement plan • Create additional community events Medium-Term (5-10 year implementation start) • Feasibility study for increased/enhanced cultural amenities Page 93 of 371 Town of Tillsonburg Community Strategic Plan 12 2. Customer Service, Communication and Engagement Goal: The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Directions: • Continue to develop digital service delivery while maintaining counter and telephone channels. • Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. • Increase opportunities and promotion for public engagement in municipal initiatives. • Engage community groups, including advisory committees and service organizations, in shaping municipal initiatives. • Enhance employee engagement and training as the foundation for exceptional customer service. • Explore opportunities for service efficiencies in partnership with adjacent municipalities. • Advocate for community needs with other levels of government. • Position Tillsonburg as a leader in the municipal sector. Priority Projects: Ongoing • Continued roll-out of enterprise-wide workflow management • County-wide service delivery study implementation Immediate Term (1-3 year implementation start) • Consolidated Town Hall initiative • Navigation improvements on municipal website • Mobile application for reporting and service requests • Employee Engagement Strategy • Volunteer Recognition Program • Youth Engagement Strategy and Youth Advisory Committee • Consolidated customer service counter Short-Term (3-5 year implementation start) • Multi-year budgeting • Financial and Environmental Sustainability Plan • Municipal service review Page 94 of 371 Town of Tillsonburg Community Strategic Plan 13 3. Business Attraction, Retention and Expansion Goal: Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Directions: • Continue to streamline and expedite the building approval process. • Instill an “open for business” culture across the corporation that prioritizes economic development and business attraction. • Ensure adequate supply of “shovel ready” land for business attraction and expansion. • Develop a “made in Tillsonburg” approach to education, training and development based on the workforce needs of current and prospective employers. • Support local businesses in post COVID-19 recovery. • Explore the feasibility of an enhanced tourism product offering in Tillsonburg. • Facilitate attainable housing options for local employees. Priority Projects: Ongoing • Marketing and build out of Van Norman Innovation Park • Continued roll-out and resourcing for Cloud-based permit application system • Continued promotion and facilitation of COVID-19 business support programs • Continued support for BIA and city-wide businesses during COVID-19 recovery • Increase diversity in manufacturing and other key sectors Immediate Term (1-3 year implementation start) • Boundary expansion initiative • Economic Development Strategy update • Corporate-wide rapid response approach for new business opportunities Short-Term (3-5 year implementation start) • Build out of new industrial land purchase Page 95 of 371 Town of Tillsonburg Community Strategic Plan 14 4. Community Growth Goal: The Town of Tillsonburg will accommodate and finance sustainable, responsible growth, welcoming new residents and businesses while retaining the community’s unique identity. Strategic Directions: • Promote, preserve and enhance the downtown core as the retail centre and community hub for Tillsonburg. • Continue to offer relevant, leading incentives for revitalization and diversification in the downtown and throughout Tillsonburg. • Pursue the acquisition of additional municipal land to accommodate growth. • Plan and develop a long-term financing strategy for new services and infrastructure to support growth. • Work with Oxford County and the development community to proactively plan for a variety of housing options that are affordable and attainable for current and prospective residents. Priority Projects: Ongoing • Replenish and grow municipal reserves Immediate Term (1-3 year implementation start) • Boundary expansion initiative • Development Charges Study • Recreation Master Plan • Attainable housing plan • Enhanced development standards that benefit the community (including tree planting, affordable housing, walkability, livability, connectivity) • Identify opportunities for infill development Short-Term (3-5 year implementation start) • Enhanced public engagement in planning policies and placemaking Medium-Term (5-10 year implementation start) • Downtown Parking Strategy • Resourcing review to service growth Page 96 of 371 Town of Tillsonburg Community Strategic Plan 15 5. Connectivity and Transportation Goal: Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Directions: • Develop a multi-modal transportation network with improved connectivity to the 401 and VIA Rail. • Leverage the municipal airport more effectively to increase access, visibility and business activity in Tillsonburg. • Provide alternatives to automobile travel through active transportation and public transit. • Develop a robust, long-term asset management plan to inform evidence-based decisions on the maintenance, rehabilitation and replacement of municipal infrastructure. • Continue to support and advocate for reliable, affordable and universal access to broadband services. Priority Projects: Ongoing • Town participation in regional transit initiative • Asset Management Plan Immediate Term (1-3 year implementation start) • Airport Master Plan and implementation Short-Term (3-5 year implementation start) • Transportation Master Plan (includes investigation of truck route and Concession Street extension) • Electric vehicle infrastructure study Medium Term (5-10 year implementation start) • Master drainage planning study Page 97 of 371 Town of Tillsonburg Community Strategic Plan 16 Performance Framework How will we know the plan is successful? What gets measured, gets done. In addition to demonstrating progress on the priority projects listed in this document, the Town of Tillsonburg is committed to tracking and reporting the following performance indicators on an annual basis to monitor Tillsonburg’s progress toward community goals. Lifestyle and Amenities • Average percentage of household income spent on housing • Proportion of residents in core housing need • Number of trees planted • Total kilometers of trail network • Total paved kilometers of trail network • Total kilometers of cycling network • Kilometers of trail network per capita • Acres of parkland maintained • Acres of parkland per capita • Average household distance to a municipal park • Average age of play structures • Accessibility- number of compliant play structures • Facilities condition rating • Accessibility- number of compliant facilities • Percentage of downtown storefronts as dining and retail • Number of annual community events • Number of community partnerships • Net new community physicians • Number of recreation program registrations • Waterpark utilization • Number of facility rentals • Prime time facilities utilization rate • Off-peak facilities utilization rate Customer Service, • Number of services available online • Number of services available through centralized customer service counter Page 98 of 371 Town of Tillsonburg Community Strategic Plan 17 Communication, Engagement • Customer satisfaction rate • Employee engagement rate • Annual local tax increase • Rolling four-year average tax increase • Average time for service resolution • Average number of monthly visits to municipal website • Number of public engagement campaigns Business Attraction, Retention and Expansion • Number of jobs created through new investment • Number of jobs retained • Number of business starts/firm creation growth • Number of net new business starts • Percentage of tax base related to employment • New commercial/industrial assessment • Total acres of employment land • Total acres of employment land available for development • Acres sold/developed in Van Norman Innovation Park • Working age population, 15 to 64 years of age • Employment participation rate • Number of local post-secondary training programs Community Growth • Population growth • Taxable assessment growth • Value of construction activity • Number of building permit applications • Total value of building permits • Downtown vacancy rate • Average fire response times, in minutes • Number of registered heritage properties • Acres of land available for industrial development • Acres of land available for commercial development • Acres of land available for residential development • Number of housing units created as rent geared to income • Number of single-family detached units • Number of semi-detached units • Number of rowhouse units • Number of multi-residential units Page 99 of 371 Town of Tillsonburg Community Strategic Plan 18 • Number of secondary units • Rental vacancy rate • Value of funding applications approved through Community Improvement Plan • Average building permit approval time, in days • Number of public input opportunities in planning issues Connectivity and Transportation • Average road condition rating (Pavement Condition Index) • Average bridge condition rating (OSIM) • Number of road lane kilometers maintained • Number of road land kilometers resurfaced or reconstructed • Number of sidewalk kilometers maintained • Number of sidewalk kilometers rehabilitated • Percentage of properties with access to high-speed internet • Number of passenger trips, T:GO in-town • Number of passenger trips, T:GO inter-community • Kilometers of water/wastewater distribution pipes • Kilometers of stormwater collection pipes • Number of stormwater collection ponds • Number of watermain breaks • Number of sewer back-ups • Number of sinkholes • Number of potholes • Aircraft movement • Airport hangar square footage • Total rail volume • Number of companies accessing rail Page 100 of 371 Town of Tillsonburg Community Strategic Plan 19 Acknowledgements Thank you to the over 400 local residents who participated in the Town of Tillsonburg’s strategic planning process. From improving local amenities such as the Community Centre and trail network, to strengthening community connections, to creating opportunities for youth, every contribution was considered and drove the development of this final Community Strategic Plan. Thank you to local businesses and service clubs who took the time to participate in focus group sessions. Feedback from local leaders was instrumental in determining priorities related to supporting businesses and facilitating community partnerships. Thank you to the many employees who shared their views and ideas. With a steadfast commitment to the people, businesses and organizations in Tillsonburg, employees are important contributors to the community’s success. Thank you to Members of Tillsonburg Town Council for their leadership, guidance and community commitment during the strategic planning process. Together with employees and the community, Council has established a forward-thinking vision for Tillsonburg, a roadmap for moving the community forward, and a commitment to demonstrate results. Page 101 of 371 Town of Tillsonburg Community Strategic Plan Technical Report June 2021 Page 102 of 371 Town of Tillsonburg Community Strategic Plan Background Report 2 Table of Contents 1.0 Introduction ............................................................................................................... 4 2.0 Strategic Planning Process ............................................................................. 5 2.1. Phase 1 – Understanding Tillsonburg ........................................................................ 5 2.2. Phase 2 – Developing the Strategic Framework ............................................... 5 2.3. Phase 3 – Employee Engagement .............................................................................. 5 2.4. Phase 4 – Community Engagement ......................................................................... 5 2.5. Phase 5 – Refining Priorities ............................................................................................ 6 2.6. Phase 6 – Building the Performance Framework ............................................ 6 2.7. Phase 7 – Final Approval ..................................................................................................... 6 3.0 Document Review ................................................................................................. 7 3.1. Town of Tillsonburg Community Strategic Plan (2014-2018) .................... 7 3.2. The Town of Tillsonburg Brand ..................................................................................... 8 3.3. Town of Tillsonburg Budget and Business Plans for 2021 .......................... 9 3.4. Asset Management Plan (2016) ..................................................................................... 9 3.5. Official Plan ................................................................................................................................ 10 3.6. Community Improvement Plan (2017) ................................................................... 10 3.7. Trails Master Plan (2015) ..................................................................................................... 11 3.8. Upcoming Plans and Studies ........................................................................................ 11 3.9. Demographic Overview ..................................................................................................... 11 4.0 Interviews with Members of Council ....................................................... 13 4.1. Tillsonburg in 2041 ................................................................................................................ 13 4.2. Listen to the Community ................................................................................................. 14 4.3. Enhance, Preserve and Protect What Makes Tillsonburg Great .......... 14 4.4. Realize Opportunities to Increase Prosperity .................................................... 15 4.5. Stand Up for Community Needs ................................................................................ 15 4.6. Implementation Considerations ................................................................................ 16 5.0 Interviews with Senior Staff Members .................................................... 17 5.1. Keep up with Infrastructure Needs .......................................................................... 17 5.2. Manage Growth ...................................................................................................................... 17 5.3. Attract Industry ....................................................................................................................... 18 5.4. Financial Sustainability ...................................................................................................... 18 5.5. Exceptional Customer Service ..................................................................................... 19 6.0 Community Engagement ............................................................................. 20 6.1. Community Survey Results ........................................................................................... 20 6.1.1. About the Survey Respondents ..................................................................................... 21 6.1.2. Community Strengths and Opportunities ............................................................. 21 Page 103 of 371 Town of Tillsonburg Community Strategic Plan Background Report 3 6.1.3. Vision, Mission and Values ............................................................................................... 23 6.1.4. Strategic Plan Goals ............................................................................................................ 28 6.1.5. Service Delivery ......................................................................................................................... 29 6.2. Discussion Guide Feedback .......................................................................................... 30 6.3. Focus Group Results .......................................................................................................... 30 6.3.1. Business Leaders ...................................................................................................................... 31 6.3.2. Community Leaders and Partners ............................................................................ 32 7.0 Employee Engagement ................................................................................... 35 7.1. Employee Survey Results ................................................................................................ 35 7.1.1. Vision Statement ..................................................................................................................... 35 7.1.2. Mission Statement ................................................................................................................. 36 7.1.3. Corporate Values .................................................................................................................... 37 7.1.4. Community Strategic Plan Goals ............................................................................... 39 7.1.5. Improving Services, Supporting Employees ........................................................ 41 7.1.6. Other Comments ................................................................................................................... 42 7.2. Employee Focus Group Results ................................................................................. 43 7.2.1. Vision and Mission ................................................................................................................. 43 7.2.2. Corporate Values ................................................................................................................... 43 7.2.3. Goals, Strategic Directions and Priority Projects ............................................ 44 8.0 Community Strategic Plan – Final Results ........................................ 46 8.1. Vision Statement ................................................................................................................. 46 8.2. Mission Statement .............................................................................................................. 46 8.3. Corporate Values .................................................................................................................. 47 8.3.1. Values Prioritized by the Community ..................................................................... 47 8.3.2. Values Prioritized by Employees ................................................................................. 48 8.4. Goals, Strategic Directions and Priority Projects ........................................... 48 8.4.1. Lifestyle and Amenities ..................................................................................................... 49 8.4.2. Customer Service, Communication and Engagement .............................. 50 8.4.3. Business Attraction, Retention and Expansion .................................................. 51 8.4.4. Community Growth .............................................................................................................. 52 8.4.5. Connectivity and Transportation ................................................................................ 53 9.0 Performance Measurement Framework ............................................. 55 9.1. Progress Reporting ............................................................................................................. 55 9.2. Outcomes Reporting ......................................................................................................... 55 10.0 Sustaining the Momentum ........................................................................... 59 11.0 Acknowledgements .......................................................................................... 60 Page 104 of 371 Town of Tillsonburg Community Strategic Plan Background Report 4 1.0 Introduction With the expiration of its previous Community Strategic Plan in 2018, in 2020 the Town of Tillsonburg initiated a renewed strategic planning process, listening to the needs of the community and leveraging the perspectives of Members of Council, residents, business leaders, community partners and employees. The Town of Tillsonburg Community Strategic Plan provides a roadmap for municipal projects, priorities and initiatives by working with residents, businesses, community partners and employees to answer the following five questions: 1. What are we working toward as a community? VISION STATEMENT 2. What is the Town of Tillsonburg’s role? MISSION STATEMENT 3. Which values are most important in serving Tillsonburg? CORPORATE VALUES 4. Where should we focus our energy and attention? GOALS | STRATEGIC DIRECTIONS | PRIORITY PROJECTS 5. How will we know the plan is successful? PERFORMANCE MEASUREMENT FRAMEWORK This Technical Report provides details regarding the methodology, research, interview outcomes, vision, mission and values, goals, strategic directions, priority projects, implementation timelines and performance measures. As a Community Strategic Plan, hearing from residents and the employees who serve them was an important part of the strategic planning process. This report includes a summary of results from a comprehensive engagement process involving 500 residents, business leaders and employees. A Summary Document has also been provided as a succinct, engaging tool for the Town to communicate with residents, businesses, employees, community partners and other levels of government. This document has been provided under separate cover. Page 105 of 371 Town of Tillsonburg Community Strategic Plan Background Report 5 2.0 Strategic Planning Process The process for creating the new Town of Tillsonburg Community Strategic Plan involved seven phases with an emphasis on listening and meaningful engagement with Members of Council, employees and the community. Each of the seven phases are described below. 2.1. Phase 1 – Understanding Tillsonburg The purpose of Phase 1 was to collect baseline information for a refreshed vision, mission and values, and overall guiding directions. This phase involved reviewing Tillsonburg’s demographic information, reviewing core municipal documents, conducting telephone interviews with each Member of Council and senior staff, and preparing a background report to inform further discussions. Timeline: January to February 2021 2.2. Phase 2 – Developing the Strategic Framework The purpose of Phase 2 was to work with Members of Council and senior staff to form the basis for a Community Strategic Plan, by developing draft Vision and Mission Statements as well as broad strategic directions and goals. This phase involved a presentation and virtual facilitated workshop to build consensus on a strategic framework as a starting point for dialogue and consultation with employees and community members. Timeline: February 2021 2.3. Phase 3 – Employee Engagement The purpose of Phase 3 was to ask employees to share their ideas for the community they serve. Through a survey and three virtual employee focus groups, employees at all organizational levels provided input on the corporate values that matter most to them, what the corporation can do to improve service delivery to customers, and how the organization can support staff in their roles. Timeline: March 2021 2.4. Phase 4 – Community Engagement As a Community Strategic Plan, input from residents and businesses across the Town was essential to ensure that the Town’s priorities reflect the needs and desires of those who live and work in Tillsonburg. An external survey and two virtual focus groups with business and community leaders engaged participants in frank discussions and constructive feedback on the draft Vision Statement, Mission Statement, Values and Goals. Participants shared Page 106 of 371 Town of Tillsonburg Community Strategic Plan Background Report 6 what they like most about Tillsonburg, potential improvements, and their expectations of the Town in advancing the Community Strategic Plan. Timeline: March 2021 2.5. Phase 5 – Refining Priorities The purpose of Phase 5 was to reconvene with Members of Council to carefully consider feedback from community members and employees and change the content to reflect these ideas. Based on feedback, Members of Council worked collaboratively to identify priority actions over immediate, short, and medium-term time horizons. Timeline: April 2021 2.6. Phase 6 – Building the Performance Framework Once Council established its priorities based on community feedback, Phase 6 engaged staff subject matter experts to establish performance metrics that will be monitored and reported annually to track the organization’s progress. Timeline: May 2021. 2.7. Phase 7 – Final Approval In Phase 7, the final Community Strategic Plan will be presented to Council for approval. Communications will be prepared to build awareness, thank participants for their contributions and promote ongoing dialogue and accountability during implementation. Timeline: June to July 2021 Page 107 of 371 Town of Tillsonburg Community Strategic Plan Background Report 7 3.0 Document Review Phase 1 of the strategic planning process involved reviewing foundational municipal documents to obtain an overview of various plans and priorities in Tillsonburg. A brief overview is included below. 3.1. Town of Tillsonburg Community Strategic Plan (2014-2018) Tillsonburg’s previous Community Strategic Plan, approved in 2014, established the following Vision for Tillsonburg’s future: “Tillsonburg is a family-friendly community known for its historic charm, thriving businesses, and modern lifestyle amenities. It is a regional hub for employment, recreation and culture.” The previous Plan is organized based on four strategic objectives: 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 activities. • Provide diverse retail services in the downtown core. • Provide appropriate training and education 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 ageing population and an active senior citizenship. 4. Culture and Community • Promote Tillsonburg as a unique and welcoming community. • Provide a variety of leisure and cultural opportunities to suit all interests. • Improve mobility and promote environmentally sustainable living. Page 108 of 371 Town of Tillsonburg Community Strategic Plan Background Report 8 3.2. The Town of Tillsonburg Brand The new Tillsonburg brand, developed in 2014, is an important part of how the community presents itself to current and prospective businesses, residents, community organizations, employees, new talent, government partners, and funding agencies. The Brand Story, developed with significant input from the community, was a provincial award winner in 2016 by the Economic Developers Council of Ontario. Tillsonburg’s Brand Story is captured in three descriptive words: connected, enriched and inspired. The community attributes that are included under each of these descriptors are included below: “Connected” • Strong sense of community among residents. • Strong history of community engagement and collaboration. • Ability to network naturally due to size of the community. • Fibre optic infrastructure in industrial areas. • Strategic location with good access to markets and transportation. “Enriched” • Variety and quality of recreation and leisure programs, services and facilities. • Many opportunities to be meaningfully involved in the community (i.e., organizations, clubs, causes). • Abundance of parks, greenspaces and trails. • Hospital, health and wellness services. • Family-friendly lifestyle without the stresses found in larger centres. • Arts and cultural amenities. • Rural and urban influences combine for a sustainable, comfortable pace. “Inspired” • Enterprising history. • Entrepreneurial spirit and rural work ethic evident. • Proven leadership in agri-business and related ventures. • Track record of made-in-Tillsonburg solutions and grassroots initiatives. • The Brand Story also presents goals and values as the platform for Town branding. Page 109 of 371 Town of Tillsonburg Community Strategic Plan Background Report 9 3.3. Town of Tillsonburg Budget and Business Plans for 2021 For 2021, the Town of Tillsonburg has an approved operating budget of $23,859,400, capital budget of $8,049,300 and a total taxation requirement of $16,730,747. In addition to the Community Strategic Plan project, highlights and significant 2021 business objectives include: • Roads and engineering projects such as Vienna Road reconstruction, Rokeby Road design, Kinsmen Bridge design, Concession Street, General Aviation Access Road, Rolling Meadows phase 2 reconstruction and the asphalt resurfacing and sidewalk connectivity programs. • Community Improvement Plan investments. • Continued 9-1-1 upgrades. • HVAC and boiler replacement plan and Community Centre repairs. • Cemetery upgrades. • Fleet investments. • Playground equipment replacement. • Information Technology investments including server replacement. • Federation of Canadian Municipalities (FCM) application for a Facilities Asset Management Plan. • Community Centre modernization. 3.4. Asset Management Plan (2016) The Town of Tillsonburg is demonstrating leadership by planning for the condition of its assets over a long-time horizon based on community needs. The purpose of the Town’s Asset Management Plan is: • To be a strategic work plan for corporate capital assets that reflects the municipality’s need for planning, building, operating, maintaining and financing its infrastructure in a sustainable way. • To fulfill provincial requirements, enabling the Town to apply for capital funding grants such as the provincial Gas Tax allocation and Ontario Community Infrastructure Fund (OCIF). • To make recommendations for further work toward a more robust corporate asset management system. The Asset Management Plan quantifies and assesses the condition of a range of municipally-owned assets including the road network, bridges, stormwater network and fleet and equipment. The Plan demonstrates that currently, 60 per cent of municipal assets are considered in good or very good condition, and 12 per cent are considered to be in poor or very poor condition. Page 110 of 371 Town of Tillsonburg Community Strategic Plan Background Report 10 The Plan identifies an annual municipal infrastructure deficit of $3,290,000 and provides three scenarios to assist the municipality in closing the gap. A subset of the Asset Management Plan is the Town’s Fleet Replacement Strategy that ensures Town-owned vehicles are continuously in a good state of repair. The Town is also in the process of submitting a grant application for a Facilities Asset Management Plan in 2021. The Asset Management Plan is identified as part of the strategic planning process, linking the overall Community Strategic Plan with the Official Plan, departmental business plans and corporate budgets with line-of-sight to long-term asset rehabilitation, replacement, acquisition and disposition. 3.5. Official Plan Official Plan policies pertaining to the Town of Tillsonburg can be found in Section 8 of the Oxford County Official Plan. The community planning Mission Statement and Goals were derived from a Town strategic planning exercise in 1996 and are as follows: “Tillsonburg is a progressive community that endeavours to provide its residents with the opportunities to enjoy an enriched and secure quality of life.” Goals: • Community Focus – Southern Ontario’s Best Hometown. • Commercial Focus – The Commercial Core Concept Thrives in Tillsonburg. • Industrial Focus – A Town with Economic Diversity. • Cultural Focus – A Small-Town Culture Preserved. • Recreational Focus – Fitness for a Healthy Community. • Health and Social Services – Services for a Healthy Community. • Environmental Focus – In Tillsonburg, the Environment is Important. Land use polices contained in the Official Plan are aligned and in service to these goals. 3.6. Community Improvement Plan (2017) The purpose of the Town of Tillsonburg Community Improvement Plan (CIP) is to promote development and redevelopment of lands within the Central Area and encourage brownfield redevelopment opportunities and redevelopment of vacant employment buildings throughout the Town. Under the CIP, all lands within the Town of Tillsonburg have been identified as a Community Improvement Project Area. The following financial incentive programs are offered by the Town to support revitalization: Page 111 of 371 Town of Tillsonburg Community Strategic Plan Background Report 11 • Accessibility Renovation Grant. • Street-Facing Façade Improvement Grant. • Alleyway Façade Improvement Grant. • Tax Increment Equivalent Grant Back Program. • Architectural Design Grant. • Brownfield Redevelopment Incentive. • Legal and Registration Grant. • Permit Fee Grant Back Program. Oxford County also offers community improvement incentives through a tax back grant for commercial, industrial or institutional improvements or redevelopment within the Town’s Central Area. 3.7. Trails Master Plan (2015) The Trails Master Plan, completed in 2015, guides the development of a connected network of trails in Tillsonburg, with linkages to regional and inter-regional connections. The Plan aims to connect land uses, preserve environmentally sensitive areas and promote active lifestyles while building trail infrastructure that is easy to maintain, includes end-use facilities, and is as accessible as possible through inclusive trail design standards. The Plan reinforces the benefits of a trail system including provision of alternative transportation, health and physical activity, venues for social connectivity, economic value (through tourism and other related economic development benefits) and the preservation of natural heritage. 3.8. Upcoming Plans and Studies In 2021, the Town of Tillsonburg is undertaking additional significant studies including a new Economic Development Strategy Update and Airport Master Plan. The strategic planning process will assess where there are opportunities to streamline efforts as Council-approved priorities align and timelines coincide. 3.9. Demographic Overview Based on data analysis conducted during the development of Tillsonburg’s new Economic Development Strategy, in 2018 the Town of Tillsonburg had a population of 16,748 which represents a 13 per cent increase since 2006. Tillsonburg’s population is expected to grow by a further 7 per cent by 2028. Based on 2016 Census Data through Statistics Canada, the average age of residents is 46.2 years, and the median age is 48.5 years. Page 112 of 371 Town of Tillsonburg Community Strategic Plan Background Report 12 In terms of age composition, 2,345 are children under the age of 15 years and an additional 800 are between 15 and 19 years old. In the working age population, there are 3,280 residents between the age of 20 and 39, and 5,045 between the age of 40 and 64. There are 4,415 senior residents over the age of 65, of this number 630 are over 85 years of age. The vast majority of residents identify English as their mother tongue, while other notable languages include German, Dutch, Hungarian and Polish. There are 7,125 dwellings, the majority of which are comprised of one and two person households. Of these dwellings, over 4,970 are owned and over 2,160 are rented. The average household income in 2018 was $62,375, which represents a 16 per cent increase since 2011. In 2018, Tillsonburg had a labour force of 7,693 with 7 per cent labour force growth between 2006 and 2018. The largest concentrations of employment are in manufacturing, retail trade, health care, and accommodation and food services. In terms of highest educational attainment, 41 per cent of people have a post-secondary degree or diploma and 33 per cent have a high school degree or diploma. There are 1,474 businesses in Tillsonburg. Of these businesses, 943 are sole proprietorships and 17 employ at least 100 people. Page 113 of 371 Town of Tillsonburg Community Strategic Plan Background Report 13 4.0 Interviews with Members of Council Between January 12 and January 22, 2021, individual telephone interviews were conducted with all seven Members of Council. During the interviews, Members discussed their vision of success for Tillsonburg over the next twenty years, the barriers and opportunities that will affect the Town’s progress, and initiatives that will have the most positive impact on Tillsonburg’s future. The themes below were identified following these interviews. 4.1. Tillsonburg in 2041 During telephone interviews, Members of Council described what a successful Tillsonburg would look like in 2041. In many cases, Councillors described a community that looks much the same, with managed incremental growth, expanded and diversified industry and an exceptional quality of life. The following comments describe Members’ views on the community that Tillsonburg will be in 2041: • “We have accommodated careful growth while retaining our small-town appeal.” • “We have abundant, thriving, diverse industries that provide employment opportunities and a balanced tax base.” • “Our active, valued seniors’ population is supported with recreational amenities, health care services and long-term care facilities.” • “We have attracted young families to sustain the next generation of our Town.” • “Our residents can afford to live here.” • “We are focused on efficiency and using every tax dollar wisely.” • “Everything residents need can be found in Town: arts, culture, restaurants, retail, modern sports facilities, and health care services.” • “Our vibrant downtown is supported and enhanced and remains the retail centre and community hub of our Town.” • “We are a green community, known for abundant trees, parks, trails and greenspace.” • “Residents are aware of Town projects, programs and services and are actively engaged in shaping future directions.” Page 114 of 371 Town of Tillsonburg Community Strategic Plan Background Report 14 4.2. Listen to the Community A theme throughout conversations with Members of Council is the need to let the community lead when it comes to deciding Tillsonburg’s future. Several Members indicated that the strategic planning exercise will only be successful if the Town engages in authentic two-way dialogue with residents, businesses, and community groups and their input drives the final outcomes. Members also indicated that communication and engagement need to continue as a priority after the completion of the final strategic plan. • “We are fortunate to have community members with the energy, passion and expertise to help us make decisions. We need to leverage, honour and appreciate resources like our advisory committees.” • “We have an active community with the BIA, service clubs, seniors’ communities…let’s make sure these voices are heard.” • “I want to hear from new residents and youth who we haven’t heard from yet.” • “Our staff is committed and knowledgeable, and I have a lot of faith in our senior team. However, we need to hear what the community wants first before we can move forward.” • “I wish there was more awareness of Council’s work and decisions throughout the community.” • “In general, community members aren’t aware of what the Town does or the services it delivers.” 4.3. Enhance, Preserve and Protect What Makes Tillsonburg Great When asked what success looks like for Tillsonburg in the future, many Councillors remarked that future success will be largely premised on holding onto what Tillsonburg has: its identity, small-town appeal and sense of community. Common discussion points included: • “Our downtown is a gem. Leaders who came before us made tough decisions to uphold the downtown as the urban centre and we must honour this as we make decisions for the future.” • “People who have lived here throughout their lives value our small-town appeal. It’s also the reason why our new residents have moved here. We need to make sure we don’t lose who we are as we grow.” • “When our facilities were constructed, they were visionary projects for their time. We need to make sure we continue the tradition of providing facilities that are modern, accessible and aesthetically pleasing.” Page 115 of 371 Town of Tillsonburg Community Strategic Plan Background Report 15 4.4. Realize Opportunities to Increase Prosperity While Members celebrate and value Tillsonburg for the community as it is, there is strong recognition that new or enhanced initiatives are required to ensure Tillsonburg enjoys success over the long-term. • “The most important thing we can do is attract industry, diversify our economy and strengthen our tax base.” • “We have sufficient land at the moment but need to start discussions now to ensure we have a plan for the future.” • “As soon as you drive into a community you can tell where there is pride – it just shines. This is what I want for Tillsonburg.” • “I’m concerned that Tillsonburg is beginning to become out of reach for young families who want to put down roots in our community. We need to ensure that affordable, attainable housing options are available.” • “We have a good location and need to continue advancing regional transportation connections to make sure we stay competitive. If you can get to the Woodstock VIA station, you can get anywhere in the world.” • “We haven’t yet realized the full potential of our airport. This is a priority.” 4.5. Stand Up for Community Needs Members of Council feel strongly about advancing community needs, even when these needs are not directly within lower tier municipal jurisdiction or require innovative, unconventional service delivery models. Whether success requires advocacy, inter-governmental collaboration or private sector partnerships, Councillors consider securing community amenities like health care services, long-term care facilities, affordable housing, and support for industry as part of good governance at the Town level. Related discussion points included: • “We need to strengthen our voice at the County level.” • “There are investments that our community needs. While projects like hospital improvements, long-term care facilities and affordable housing are not directly within our jurisdiction, it’s up to us to stand up for Tillsonburg and get results when necessary.” • “We need to develop an entrepreneurial mindset and celebrate innovation and results.” Page 116 of 371 Town of Tillsonburg Community Strategic Plan Background Report 16 4.6. Implementation Considerations Members of Council offered guidance for how the Community Strategic Plan can set the Town on a path to successful implementation, emphasizing that the municipality must become results-driven, committed to efficient use of resources and open to innovative service delivery arrangements. Relevant discussion points included: • “Sometimes it feels like we do study after study, rather than drive toward tangible results. I want to get things done.” • “We need to be using every tax dollar as efficiently as possible.” • “Municipalities everywhere are facing the same long-term asset and financial pressures. Let’s work together.” Page 117 of 371 Town of Tillsonburg Community Strategic Plan Background Report 17 5.0 Interviews with Senior Staff Members Between January 4 and January 22, 10 telephone interviews were conducted with senior staff members at the Town of Tillsonburg. Discussions focused on long-term sustainability, pressures and opportunities, service innovation and employee engagement. The following themes emerged from these discussions. 5.1. Keep up with Infrastructure Needs In 2021, the Town will undertake additional asset management planning, including a Facilities Asset Management Plan, to provide more robust information on the resources that will be required to maintain and replace the Town’s asset portfolio in the coming decades. The Asset Management Plan will also identify potential shortfalls in current financing strategies. • “Our infrastructure is ageing. While current condition assessments are adequate, if we aren’t planning now, we will experience problems in the future.” • “Updating the Community Centre and modernizing our parks and recreational facilities is exciting and will have a positive impact on our community.” 5.2. Manage Growth Communities across Ontario are experiencing elevated levels of growth and Tillsonburg is no exception. The Town continues to demonstrate increases in building permits, particularly in the residential sector. While growth hasn’t been as explosive as other communities in the “905” and “519” area codes, planning will be necessary to accommodate growth successfully and retain Tillsonburg’s small-town character. • “At our current rate of growth, we need to plan now for future land availability.” • “Over the past few years, we have experienced a marked increase in residential growth. We need to ensure residential growth is balanced with industrial and commercial growth.” • “With increasing service needs from developers, our resources are stretched thin to keep pace with escalating building permits.” Page 118 of 371 Town of Tillsonburg Community Strategic Plan Background Report 18 • “We are proud to serve our seniors and they bring so much to Tillsonburg. However, to provide services for our seniors and long-term sustainability for our Town, we need to focus on attracting young families and working-age residents as well.” • “A focus on the environment will demonstrate that Tillsonburg is a municipal leader and ensure we plan for long-term, sustainable growth.” 5.3. Attract Industry Given that all Members of Council stressed the importance of attracting new industry and diversifying the local economy, interviews sought to understand current opportunities and challenges related to economic development. Discussion points included: • “Our town and local industries continue to surprise – we punch above our weight.” • “We don’t necessarily fit into the provincial post-secondary model, but we can find “made-in-Tillsonburg” solutions to build our workforce through training and development.” • “We are not directly on the 401 – this can present challenges in demonstrating connectivity for prospective industries.” • “The build-out at the Van Norman Innovation Park will position the Town to compete for firms in new tech, food processing and advanced manufacturing.” 5.4. Financial Sustainability Senior staff members are proud of the work that went into preparing the 2021 municipal budget, including mitigating unforeseen pressures related to COVID-19. At the same time, more can be done to ensure the Town’s financial position is strong into the future. In 2021, enhanced asset management work will be completed to develop a more complete picture of long-term asset management and replacement and inform future budget presentations to Council. • “We have done a great job mitigating COVID-19 pressures and recently completed a successful 2021 budget process.” • “We need to keep line-of-sight to our reserves to make sure we are financially sustainable over the long-term.” • “We can avoid unanticipated financial issues by preparing and presenting multi-year budgets.” Page 119 of 371 Town of Tillsonburg Community Strategic Plan Background Report 19 5.5. Exceptional Customer Service Providing exceptional customer service and driving resident satisfaction was a key theme throughout discussions with staff. The single largest priority to emerge from interviews with senior staff members was the consolidated Town Hall initiative. Other areas of focus included enhanced communication, employee engagement and focused direction: • “The consolidated Town Hall initiative is critical to improving the way we serve customers and the way we collaborate with each other. It will also increase our profile and visibility in the community.” • “Communication with residents is changing and we need to adapt. We need to get ahead of misinformation on social media and showcase how proud we are to serve our community.” • “Working as a team has been challenging during the pandemic. Our employees are committed to serving Tillsonburg and we need to learn more about how we can support them in their roles.” • “The Strategic Plan is important – it will help us focus as an administration on the areas that are most important to Council and the community and help us determine where to allocate our attention and resources.” Page 120 of 371 Town of Tillsonburg Community Strategic Plan Background Report 20 6.0 Community Engagement As a Community Strategic Plan, hearing the views of local residents, businesses, and community groups was a critical step in the strategic planning process. The goals of community engagement were: • To inform community members that a strategic planning process is underway. • To share preliminary information about the main topics that are being considered as part of the Community Strategic Plan. • To ask for ideas and feedback from community members. • To be empathetic to household and business circumstances as a result of COVID-19 and ensure all engagement opportunities are safe and consistent with public health regulations. The community engagement campaign involved the following tactics: • External Survey – An external survey was posted on a dedicated page on the Town’s website which opened on March 9, 2021 and closed on April 16, 2021. Hard copies were made available upon request. A total of 398 responses were received. • Survey Promotion – The survey was promoted on the Town’s homepage, through Town social media accounts, newspaper advertisements, and inserts in utility bill mailings to every household. Mayor, Council and employees were supported to communicate the opportunity throughout their local networks. • Discussion Guide – An information package with discussion questions was posted to the Town’s website for residents and businesses who prefer to respond in alternate formats to the survey. • Virtual Focus Groups – Two virtual focus group sessions were hosted by the Town on April 1, 2021. The first session involved discussions with local business leaders and the second session involved discussions with community leaders and partners. • Invitations to Community Groups – Email messages were sent to local community groups by the Office of the CAO, communicating the initiative, inviting submissions and asking for support in circulating the survey to members. 6.1. Community Survey Results The external survey launched on March 9, 2021 and closed on April 16, 2021. The survey was posted on a dedicated page on the Town’s website and was advertised through the following channels: • Homepage tile on the Town’s website. • Town social media accounts. Page 121 of 371 Town of Tillsonburg Community Strategic Plan Background Report 21 • Newspaper advertisement. • Inserts in utility bill mailings. • Invitations to local community groups. • Mayor and Councillor networks. • Employee networks. A total of 398 responses to the survey were received. 6.1.1. About the Survey Respondents The survey opened with basic demographic questions to better understand respondents’ background and experience. Length of Residency in Tillsonburg: • 29 per cent are lifelong residents of Tillsonburg. • 15 per cent moved away from Tillsonburg then returned. • 41 per cent have lived in Tillsonburg for more than five years. • 20 per cent have lived in Tillsonburg for less than five years. • 2 per cent did not respond. Work Experience: • 12 per cent work remotely from home most of the time. • 7 per cent work from home temporarily as a result of COVID-19. • 27 per cent work outside the home but within Tillsonburg. • 14 per cent work within 30 minutes of Tillsonburg. • 11 per cent work more than 30 minutes away from Tillsonburg. • 12 per cent are currently not employed or work within the household. • 1 per cent are students. • 27 per cent indicated “none of the above/prefer not to respond”. • 12 per cent indicated they own a business in Tillsonburg. Age Demographics: • 26 per cent are between 19 and 39 years of age. • 45 per cent are between 40 and 64 years of age. • 26 per cent are between 65 and 84 years of age. • 1 per cent are older than 85 years of age. • 1 per cent preferred not to respond. • None of the respondents indicated they were younger than 19 years of age. 6.1.2. Community Strengths and Opportunities The survey included an open-ended question asking respondents what they like best about Tillsonburg. Page 122 of 371 Town of Tillsonburg Community Strategic Plan Background Report 22 Common themes included: • Small-town feel and family-friendly. • Local amenities – examples included the Community Centre, trails, Seniors Centre, Farmer’s Market, waterpark, ice rinks, parks, dog park and golf course. • Friendly with strong community connections. • Safe and quiet, with minimal traffic. • Local businesses, vibrant downtown and shopping. • Cleanliness and beauty. • Access to larger centres and regional attractions. • Local events. • Access to healthcare services. • Walkable community. • Free parking and angle parking downtown. The survey also included an open-ended question asking respondents what they like least about Tillsonburg. Common themes included: • Community changes related to growth, including development and traffic. • Lack of affordable housing and rental options. • Poor cleanliness, litter and property standards. • Lack of options in retail, dining, entertainment. • Crime, including theft, vandalism and drug use. • More amenities and attractions required for youth and young families. • Taxes, utility costs, inefficiency and bureaucracy. • Lack of job opportunities. • Lack of doctors, specialists and healthcare services. • Lack of diversity and inclusion – need to be more open to new ideas and perspectives; celebrate diversity. • Lack of trees and green space. • Truck traffic. • Absence of a splash pad. • Garbage service delivery. When asked what the municipality could do to improve Tillsonburg, common themes from respondents included: • Increase affordable housing and rental stock. • Tree preservation, planting and green space. • Reduce taxes and utility costs. Page 123 of 371 Town of Tillsonburg Community Strategic Plan Background Report 23 • More attention to cleanliness, property standards and by-law enforcement. • Increase job opportunities and attract higher paying employers. • Improve garbage service delivery including eliminating bag tags and introducing compost collection1. • Expand and diversify retail and dining options. • Increase activities, amenities and attractions for youth and young families. • Attract more doctors and expand local healthcare services. 6.1.3. Vision, Mission and Values Within the survey, Question #8 presented respondents with a draft Vision Statement for consideration. When asked if the Statement described their views on a successful future for Tillsonburg, 74 per cent of respondents indicated they either “agree” or “strongly agree” with the draft Vision Statement, and 9 per cent indicated they either “disagree” or “strongly disagree” with the draft Vision Statement. Sixteen per cent of respondents selected “neither agree nor disagree.” A breakdown of responses is illustrated in Chart 1, Response to Draft Vision Statement. Chart 1: Response to Draft Vision Statement 1 Service area under Oxford County. Action by the Town is limited to representation and advocacy. TillVRQbXUg CRmmXQiW\ SWUaWegic PlaQ - PXblic SXUYe\ 1 / 1 30.40%121 43.97%175 16.33%65 6.78%27 2.51%10 Q8 A VLVLRQ SWaWePeQW deVcULbeV a deVLUed fXWXUe VWaWe fRU Whe cRPPXQLW\. The VLVLRQ SWaWePeQW beORZ caSWXUeV VRPe Rf Whe LdeaV ZeȏYe heaUd VR faU LQ RXU dLVcXVVLRQV ZLWh VWaNehROdeUV:ȒOXU VLVLRQ fRU TLOOVRQbXUg LV WhaW LW be a SURXd cRPPXQLW\ WhaW UeWaLQV LWV VPaOOȉWRZQ aSSeaO aQd VXSSRUWV UeVLdeQWV ZLWh dLYeUVe ePSOR\PeQW RSWLRQV, PRdeUQ aPeQLWLeV, OLfeVW\Oe RSSRUWXQLWLeV, aQd VXVWaLQabOe gURZWh ZhLOe SeUfRUPLQg aV a UegLRQaO hXb ZLWhLQ SRXWhZeVWeUQ OQWaULR.ȓThLV VLVLRQ SWaWePeQW deVcULbeV P\ YLeZV RQ a VXcceVVfXO fXWXUe fRU TLOOVRQbXUg. AQVZeUed: 398 SNLSSed: 0 TOTAL 398 Sigdc\an V\gZZ A\gZZ NZ^i]Zg V\gZZ cdg Y^hV\gZZ D^hV\gZZ Sigdc\an Y^hV\gZZ 0%10%20%30%40%50%60%70%80%90%100% AN6:E5 CHOICE6 5E63ON6E6 SWURQgO\ agUee AgUee NeLWheU agUee QRU dLVagUee DLVagUee SWURQgO\ dLVagUee Page 124 of 371 Town of Tillsonburg Community Strategic Plan Background Report 24 When asked for suggestions to improve the draft Vision Statement, common themes provided by respondents included: • Disagreement and uncertainty related to the term “hub”. • Remove the term “proud” – alternate suggestions include “vibrant,” “progressive,” “strong,” “compassionate,” “safe,” “welcoming”. • Environmental considerations including natural surroundings. • Include affordable housing. • Community needs to be welcoming and inclusive for diverse populations. • Need to have regard for history and heritage. • Include emphasis on the health and well-being of residents. • Concerns that the Town is moving away from this Vision. • Follow-through and action are most important. • Statement is too wordy and uses ambiguous terms – needs to be shorter and clearer. Survey Question #10 presented respondents with a draft Mission Statement for consideration. Respondents were asked if the draft Mission Statement aligned with their expectations of the Town’s role. Sixty-one per cent of respondents selected “agree” or “strongly agree” and 13 per cent selected “disagree” or “strongly disagree.” Twenty-six per cent of respondents selected “neither agree nor disagree.” A breakdown of responses is illustrated in Chart 2, Response to Draft Mission Statement. Page 125 of 371 Town of Tillsonburg Community Strategic Plan Background Report 25 Chart 2: Response to Draft Mission Statement When asked for other expectations of the Town, common themes included: • Advance environmental sustainability and natural environment as priorities. • Ensure health and well-being of residents. • Secure affordable housing. • Preserve and protect heritage. • Support diversity and inclusion. • Disagreement and uncertainty about Tillsonburg as “a hub for Southwestern Ontario”. • Mission Statement is too broad and too wordy – needs to be simpler with a focus on clear priorities. • Statement alone is not compelling and needs an action plan with clear and measurable commitments. TillVRQbXUg CRmmXQiW\ SWUaWegic PlaQ - PXblic SXUYe\ 1 / 1 14.50%57 46.31%182 25.70%101 9.67%38 3.82%15 Q10 A MLVVLRQ SWaWePeQW deVcULbeV aQ RUgaQL]aWLRQȏV UROe LQ ZRUNLQg WRZaUd WKe VLVLRQ. 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AQVZeUed: 393 SNLSSed: 5 TOTAL 393 Sigdc\an V\gZZ A\gZZ NZ^i]Zg V\gZZ cdg Y^hV\gZZ D^hV\gZZ Sigdc\an Y^hV\gZZ 0%10%20%30%40%50%60%70%80%90%100% AN6:E5 CHOICE6 5E63ON6E6 SWURQgO\ agUee AgUee NeLWKeU agUee QRU dLVagUee DLVagUee SWURQgO\ dLVagUee Page 126 of 371 Town of Tillsonburg Community Strategic Plan Background Report 26 • Communication with residents. • Work with other levels of government. • Government accountability. • Replace “demonstrates” with “strives for” excellence in local government. The purpose of survey Question #12 was to understand the values that local residents and businesses feel should be prioritized at Town Hall. When asked which values are most important to them when interacting with Town employees and representatives, the top responses were Integrity, Service, Accountability, Efficiency and Transparency, with over 70 per cent of respondents selecting each of these values. These selections were followed by Respect, Communication, Professionalism, and Consistency, with over 60 per cent of respondents selecting each of these values. A breakdown of responses is included in Chart 3, Town Hall Values Most Important to Respondents. Several respondents indicated that all of the listed values are important. Some participants chose to provide additional values, including Leadership, Honesty, Inclusivity and Ambassadors. Page 127 of 371 Town of Tillsonburg Community Strategic Plan Background Report 27 Chart 3: Town Hall Values Most Important to Residents TillVRQbXUg CRPPXQiW\ SWUaWegic PlaQ - PXblic SXUYe\ 1 / 2 Q12 CRUSRUDWH 9DOXHV DUH EHKDYLRXUV WKDW JXLGH WKH FXOWXUH RI DQ RUJDQL]DWLRQ. 7KH\ GHVFULEH KRZ HPSOR\HHV LQWHUDFW ZLWK HDFK RWKHU DQG ZLWK WKHLU FXVWRPHUV.:KLFK RI WKH IROORZLQJ YDOXHV DUH LPSRUWDQW WR \RX ZKHQ LQWHUDFWLQJ ZLWK 7RZQ HPSOR\HHV DQG UHSUHVHQWDWLYHV? CKHFN DOO WKDW DSSO\: AQVZHUHG: 397 SNLSSHG: 1 SZgk^XZ - CjhidbZg Yg^... 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Based on the number of respondents who selected “very important” or “important,” the results were: • Lifestyle and Amenities – 94 per cent. • Customer Service, Communication and Engagement – 91 per cent. • Business Attraction, Retention and Expansion – 90 per cent. • Community Growth – 73 per cent. • Connectivity and Access – 70 per cent. Respondent rankings are provided in Chart 4, Importance of Strategic Plan Goals. Several respondents opted to comment on the Strategic Plan goals, indicating that affordable housing, environmental outcomes and health and well-being should be goals as well. Some respondents were concerned about the rate of growth in Tillsonburg and that the Strategic Plan is focused on enabling continued growth. Chart 4: Importance of Strategic Plan Goals TillVRQbXUg CRmmXQiW\ SWUaWegic PlaQ - PXblic SXUYe\ 1 / 1 Q13 AV SaUW RI dHYHORSLQJ WKH CRPPXQLW\ SWUaWHJLc POaQ, CRXQcLO LV H[SORULQJ WKH JRaOV OLVWHd bHORZ aQd LV VHHNLQJ LQSXW IURP WKH SXbOLc. IQ \RXU RSLQLRQ, KRZ LPSRUWaQW aUH WKH JRaOV OLVWHd bHORZ WR WKH VXccHVV RI TLOOVRQbXUJ? AQVZHUHd: 396 SNLSSHd: 2 55.98% 220 34.10% 134 7.63% 30 1.27% 5 1.02% 4 393 63.50% 247 26.99% 105 6.94% 27 1.54% 6 1.03% 4 389 67.17% 266 26.52% 105 5.05% 20 0.51% 2 0.76% 3 396 39.34% 155 34.01% 134 18.53% 73 6.60% 26 1.52% 6 394 39.64% 155 31.71% 124 20.20% 79 5.88% 23 2.56% 10 391 Vegn Imeogiani Imeogiani Somelhai Imeogiani Noi Imeogiani Unhjge/ Pgefeg noi io geheond Cjhiomer Serkice,... Bjhinehh Aiiraciion,... Lifehinle and Ameniiieh Commjniin Grolih Conneciikiin and Accehh 0%10%20%30%40%50%60%70%80%90%100% 9ER< IMPORTANT IMPORTANT SOME:HAT IMPORTANT NOT IMPORTANT 8NS8RE/ PREFER NOT TO RESPOND TOTAL CXVWRPHU SHUYLcH, CRPPXQLcaWLRQ aQd EQJaJHPHQW BXVLQHVV AWWUacWLRQ, RHWHQWLRQ aQd E[SaQVLRQ LLIHVW\OH aQd APHQLWLHV CRPPXQLW\ GURZWK CRQQHcWLYLW\ aQd AccHVV Page 129 of 371 Town of Tillsonburg Community Strategic Plan Background Report 29 6.1.5. Service Delivery The final survey question asked respondents to indicate how they prefer to access municipal services. The majority of respondents selected online, at 82 per cent, and over half the respondents selected in-person, at 52 per cent. Twenty-eight per cent of respondents selected phone as their preference, 17 per cent selected mobile applications and 2 per cent were not sure. Under other suggestions, several respondents noted that the availability of all service delivery channels is important and indicated that the Tillsonburg population still requires in-person and paper-based service delivery. Other respondents suggested the Town continue and enhance the use of channels such as newspaper, radio and electronic signs when communicating with residents. A breakdown of responses is included in Chart 5, Preferred Access Channels for Municipal Services. Chart 5: Preferred Access Channels for Municipal Services TillVRQbXUg CRmmXQiW\ SWUaWegic PlaQ - PXblic SXUYe\ 1 / 1 81.86%325 28.21%112 51.64%205 16.62%66 1.51%6 2.02%8 Q14 HRZ GR \RX SUHIHU WR aFFHVV PXQLFLSaO LQIRUPaWLRQ RU VHUYLFHV (IRU H[aPSOH, UHFUHaWLRQ UHJLVWUaWLRQ, bXLOGLQJ SHUPLWV, PaUULaJH OLFHQVHV, HWF.)? CKHFN aOO WKH aSSO\. AQVZHUHG: 397 SNLSSHG: 1 TRWaO RHVSRQGHQWV: 397 Online Bn phone In person Mobile applicaiions Noi sjre Oiher (please specifn) 0%10%20%30%40%50%60%70%80%90%100% AN6:E5 CHOICE6 5E63ON6E6 OQOLQH B\ SKRQH IQ SHUVRQ MRbLOH aSSOLFaWLRQV NRW VXUH OWKHU (SOHaVH VSHFLI\) Page 130 of 371 Town of Tillsonburg Community Strategic Plan Background Report 30 6.2. Discussion Guide Feedback A discussion guide was provided on the Town’s website for individuals who wished to participate using an alternate format to the survey. Three contributions were received in response to the discussion guide. Common themes cited by participants included: • Overall support for strategic planning in general and outcomes of the process to date. • Top values included Service, Efficiency, Accountability, Integrity, Professionalism, Communication and Transparency. • Support for all goals especially Lifestyle and Amenities and Business Attraction, Expansion and Retention (particularly supporting businesses through COVID-19). • Explore new affordable housing options and strategies to mitigate homelessness. • Establish initiatives to engage youth. • Explore new technologies to position Tillsonburg for the future, for example: o Growing a clean energy role for Tillsonburg Hydro and investigate new technology. o Consider need for charging stations with growing electric vehicle ownership. o Consider large incinerators and other waste management opportunities. • Explore expanded tourism opportunities. • Investigate the development of a truck route. • Revisit municipal boundaries. • Strengthen the trail system through an inventory of plants, trees and shrubs and removal of invasive species. • Uncertainty whether consolidated Town Hall initiative is a short-term priority. 6.3. Focus Group Results To obtain more in-depth perspectives related to the content in the survey, two focus groups were held on April 1. One focus group was comprised of local business leaders and the other involved representatives from local community groups and service delivery partners. Highlights from these discussions are included below. Page 131 of 371 Town of Tillsonburg Community Strategic Plan Background Report 31 6.3.1. Business Leaders A business leader focus group was hosted on April 1, 2021, involving representation from the Economic Development Advisory Committee (EDAC), real estate and development community, advanced manufacturing, high tech and local service firms. Eleven individuals participated in the discussion on behalf of the organizations they represent. There was general support for the draft Vision and Mission Statements proposed as part of the Community Strategic Plan. Participants suggested moving away from terms like “proud” and replacing with suggestions such as “vibrant,” “progressive,” and “dynamic.” Participants also noted that, with increasing levels of growth, Tillsonburg needs to be open to a “small-town appeal with a big city feel,” ensuring growth happens sustainably over time, and providing adequate infrastructure and amenities to support the community’s continued success. In terms of values and their relationship to customer service from the Town, the values that participants indicated are most important include Transparency, Integrity, Respect, Service and Efficiency. When asked which of the Strategic Plan goals are most important to Tillsonburg’s success, participants ranked them in the following order. The top three choices were discussed in detail during the session and comments are included below. 1. Business Attraction, Retention and Expansion • It is important for the Town to streamline and expedite the building approval process. • Shovel ready land should include not just commercial and industrial, but residential as well. • Increasing the supply of residential homes will help to mitigate the affordability pressures associated with demand. • Acknowledge that there are a large number of “blue collar” employees who can’t currently afford to live in Tillsonburg. • With respect to tourism, Tillsonburg should become a stop-in point, leveraging popular destinations in nearby communities. 2. Lifestyle and Amenities • Participants applaud the Farmer’s Market, Annandale Museum and Community Centre, and the need to enhance and/or expand these amenities. Page 132 of 371 Town of Tillsonburg Community Strategic Plan Background Report 32 • Unmet community needs include a new splash pad,2 and diverse local dining and retail offerings. • Physician recruitment and a new walk-in clinic are important, as is continued support for Tillsonburg’s local hospital. 3. Customer Service, Communication and Engagement • There was strong support for increased digitization and streamlined service delivery. • Participants noted navigation on the current website is difficult. • There was support for investing in employee engagement, recognizing that exceptional service comes from employees knowing their “why” and exemplifying accountability, trust and professionalism. • Participants supported increased youth engagement, stating that local high schools should be included. 4. Community Growth 5. Connectivity and Access Participants also stressed the importance of community partnerships as a means to deliver results in Tillsonburg and asked the Town to transition its role to partner and supporter rather than the lead agency. Participants noted that, while they are optimistic about the overall direction of the Community Strategic Plan, accountability requires results. There needs to be a clear understanding of the relationship between the Strategic Plan and other Town plans, and there should be designated people charged with ensuring progress. Participants advised that the Town cannot stop at approving Plans but must commit to demonstrating follow-through. Regular check-ins with the community such as surveys and customer service data can help to ensure the Town stays on track. 6.3.2. Community Leaders and Partners A focus group comprised of community leaders, service clubs, municipal partners and local service agencies was hosted on April 1, 2021. Eight individuals participated in the discussion on behalf of the organizations they represent. When discussing the draft Vision and Mission Statements, participants expressed that they would like to see these statements reworked to become more inspirational, dynamic and fresh. They expressed concerns related to government overuse of terms such as “hub” and “sustainable.” Similar to the business focus group, participants preferred to move away from the term 2 With respect to a splash pad, participants noted it is not always necessary for the Town to take the lead. Community partners and volunteers are willing to take the lead with Town support. Page 133 of 371 Town of Tillsonburg Community Strategic Plan Background Report 33 “proud,” acknowledging that, while it is important for Tillsonburg to honour its past, the community must move forward. When discussing their expectations of the Town, participants supported an enabling role in facilitating community partnerships and building capacity for community-led initiatives. They expressed that this role involves strengthening the community at the neighbourhood level through celebration, activation, and integration. The values that participants indicated are most important for Town employees and representatives include Integrity, Trust and Transparency. Leadership was cited as an additional value participants would like to see reflected at Town Hall. When asked which goals they felt are most important to Tillsonburg’s success, participants ranked them in the following order. Their top three choices were discussed in detail during the session. 1. Lifestyle and Amenities • Existing amenities need to be enhanced, such as the trail system, Farmer’s Market and indoor pool (accessibility improvements). • The Town needs more cultural amenities including music and theatre, cultural centre to support diversity, and history and connection to First Nations. • Activities are required for youth outside of sports. • Availability of affordable housing is becoming problematic. 2. Business Attraction, Retention and Expansion • Strategic approaches to education and training need to start early, at the secondary school level. • Transportation can be a barrier for job seekers. • Need to focus on dining, retail and amenities to attract talent from other parts of Ontario. • Strategic approaches to diversity and inclusion will leverage talent, skills and other benefits that come with “visible minority” populations. • The Town needs to be nimble and aggressive to secure funding from other levels of government. 3. Community Growth • Trees need to be a priority in new developments to help the community stay comfortable and pleasing as it grows. • Trails make new developments livable. • New houses should be in walkable communities, accessible to churches and schools and well connected to existing neighbourhoods. • Livability should take precedence over efficiency in community planning. Page 134 of 371 Town of Tillsonburg Community Strategic Plan Background Report 34 • Regular placemaking workshops to engage residents in planning policies and developments, hosted by the Town and Oxford County, would be helpful. 4. Customer Service, Communication and Engagement 5. Connectivity and Access Participants noted that while they were pleased to see diversity reflected in the draft Community Strategic Plan as it relates to economic diversification and age, they would like to see more of a focus on diversity and inclusion and welcoming people with diverse backgrounds, experiences and cultures. Page 135 of 371 Town of Tillsonburg Community Strategic Plan Background Report 35 7.0 Employee Engagement As individuals who serve Tillsonburg each day, employees are an important part of the strategic planning process. The objectives for employee engagement were: • To inform employees that a strategic planning process is underway and communicate the value of the Community Strategic Plan for their work. • To share draft Vision Statement, Mission Statement, Values and Goals for consideration and feedback. • To understand which values are most important to employees, and which values accurately represent their current working environment at the Town of Tillsonburg. • To obtain ideas to advance goals discussed by Council and improve the customer service experience for residents and businesses. • To understand and be empathetic to workplace and non-workplace pressures of COVID-19 and the impact on municipal employees. The employee engagement process involved the following tactics: • An internal survey: The survey was emailed to all administrative accounts by the Chief Administrative Officer. Hard copies were made available to employees with limited access to email and workstations. Key messages were provided to the Senior Management Team to support them in encouraging their teams to participate. • Employee focus groups: Three employee focus groups were facilitated by the consultant on March 3, March 8 and March 9. The focus groups involved a representative cross-section of employees and allowed for more in-depth discussion on the survey questions. 7.1. Employee Survey Results An internal survey provided employees with the opportunity to provide their perspectives on the Community Strategic Plan. The survey was emailed to all administrative Town of Tillsonburg email accounts on March 1, 2021 and closed on March 19, 2021. Hard copies of the survey were provided for employees with limited access to email and workstations. A total of 62 responses to the survey were received. 7.1.1. Vision Statement The survey began by asking employees their views on the draft Vision Statement: Page 136 of 371 Town of Tillsonburg Community Strategic Plan Background Report 36 “Our Vision for Tillsonburg is a proud community that retains its small-town appeal and supports residents with diverse employment options, modern amenities, lifestyle opportunities, and sustainable growth while performing as a regional hub within Southwestern Ontario.” When asked if the draft Vision Statement aligns with their views on Tillsonburg’s future success, 80 per cent of respondents selected “agree” or “strongly agree,” and 6 per cent selected “disagree.” Thirteen per cent of respondents selected “neither agree nor disagree.” When asked for suggestions to improve the draft Vision Statement, a large proportion of employees indicated they either liked the statement as is or did not have additional comments. Other feedback included: • Vision Statement requires greater emphasis related to: o Tillsonburg’s unique history and heritage. o Environmental sustainability and green energy. o Healthy living through recreation and outdoor living. o Celebrating diversity. • Vision Statement is aspirational, and greater effort will be required to meet aspirations related to modern amenities and diverse employment options. • The Town will need clear direction to reconcile the need to expand as a regional hub with modern amenities while maintaining small town appeal. • More context, definition and direction are requested related to the term “regional hub” and there needs to be a clear and common understanding so staff can deliver on this goal. • Vision Statement is boring and does not capture the innovative spirit and charisma of the Town. • Caution the use of “proud” given potentially negative connotations. 7.1.2. Mission Statement The survey asked employees for their views on the Town of Tillsonburg’s role as outlined in the draft Mission Statement: “The Town of Tillsonburg demonstrates excellence in local government by facilitating community partnerships, providing efficient and effective municipal services, attracting and supporting businesses, promoting local identity, and advancing the community as a hub for Southwestern Ontario.” When asked if the above Mission Statement accurately describes the Town of Tillsonburg’s role, 76 per cent of respondents selected “agree” or “strongly agree” and 5 per cent selected “disagree.” Nineteen per cent selected “neither agree nor disagree.” Page 137 of 371 Town of Tillsonburg Community Strategic Plan Background Report 37 When asked for suggestions to improve the draft Mission Statement, common themes included: • Providing efficient and effective services is the most important part of the Town’s role. • Fostering community participation is an important part of the Town’s role. • Mission Statement is boring and needs to be bold and creative. • Mission Statement should be simplified so it is easier to read from a resident perspective. • Staff require a greater understanding of what is involved in “promoting local identity.” • Growth is happening quickly and the Town needs tools and resources to respond. 7.1.3. Corporate Values Corporate Values are behaviours that describe the culture of an organization. They guide how employees interact with each other and their customers. While most of the Values were identified as important to employees, with over 50 per cent of respondents selecting each, the top responses were: • Respect (76 per cent). • Teamwork (76 per cent). • Service (73 per cent). A breakdown of responses is included in Chart 6, Values Most Important to Employees in a Workplace. Page 138 of 371 Town of Tillsonburg Community Strategic Plan Background Report 38 Chart 6: Values Most Important to Employees in a Workplace Employees identified “effectiveness” and “loyalty” as potential additional values. Employees were then asked to select values from a list of options that most accurately reflect their working environment at the Town of Tillsonburg. The top responses were: • Service (80 per cent). • Teamwork (60 per cent). • Professionalism (58 per cent). A breakdown of responses is included in Chart 7, Values that Describe Working Environment at the Town. Page 139 of 371 Town of Tillsonburg Community Strategic Plan Background Report 39 Chart 7: Values that Describe Working Environment at the Town Loyalty was identified as a potential additional value. Three respondents indicated that none of the Values from the list of options reflect their work environment. 7.1.4. Community Strategic Plan Goals Employees were provided with the five proposed Strategic Plan goals. When asked to rank the importance of each of these goals, “Lifestyle and Amenities” received the most favourable response, with 93 per cent of employees ranking the goal as “very important” or “important.” This was followed closely by “Customer Service,” with 92 per cent of employees ranking the goals as “very important” or “important.” A breakdown of responses is included in Chart 8, Importance of Strategic Plan Goals. Page 140 of 371 Town of Tillsonburg Community Strategic Plan Background Report 40 Chart 8: Importance of Strategic Plan Goals Financial sustainability was cited as an additional goal that is important to the success of Tillsonburg. Employees identified specific projects and initiatives that would help to advance one or more of the five draft goals. Some of the projects are already planned or underway, while others are based on ideas and best practices employees have encountered in their work. Existing projects cited by employees to advance the goals include: • Customer service improvements, including the consolidated Town Hall initiative and citizen portal. • Economic expansion including industrial park growth and lead generation campaigns. • Overall improved asset management and infrastructure repairs and replacement. • Community Centre renovations, recreational programming and new playgrounds. • Development review (including development charges review). • Lake Lisgar waterpark. • Reduced silos and improved communication and teamwork across Town departments. Page 141 of 371 Town of Tillsonburg Community Strategic Plan Background Report 41 Potential new projects cited by employees to advance the goals include: • Long term financial planning and expanded asset management planning as part of keeping infrastructure in a state of good repair. • Staffing and resource review to ensure capacity is keeping pace with demand. • Addressing trends in recreation to drive modernization (for example, comfort stations along the Canada Rail Trail, and new ball diamond complex). • Expanded digital service delivery. • Permanent work from home arrangements. • Community green plan. • Community safety plan. • Greater access to social services for residents. • Increased number of community gatherings post COVID-19. • Reinvention of Discover Tillsonburg Magazine to support local tourism. 7.1.5. Improving Services, Supporting Employees When asked how the Town could improve service delivery to customers, employees provided the following suggestions: • User-friendly systems for customers and Customer Service Representatives, including: o Consolidated customer service centre. o Centralized process to resolve public requests. o Improved face-to-face options for seniors. o Improved phone answer system. o Leverage technology. • External communication on Town programs and services, including: o Increased advertising and promotion. o Transparency on service levels. • Upgraded amenities and facilities. • Properly maintained equipment. • Professional development and staff training. • Investigate separate hydro department. • Continued focus on internal communications, reduced silos, and working together. • Greater staff delegation to expedite approvals for projects and initiatives. Page 142 of 371 Town of Tillsonburg Community Strategic Plan Background Report 42 When asked how Town Council and the Senior Management Team could improve their work experience, employees provided the following suggestions: • Continued improvement of internal communication with line-of-sight to: o Ensuring staff are part of the solution when resolving resident requests. o Ongoing opportunities for employees to provide ideas and feedback. o Listening to front-line workers and blurring the lines between “blue-collar” and “white-collar”. • Strengthen Council-staff relations. • Increase staff delegation and minimize micro-managing. • Be open to new ideas and continue with the creativity demonstrated during COVID-19. • Proper tools and work environment to do the job. • Professional development, education and training. • Opportunities for advancement. • Workplace flexibility and review of health benefits. • Greater employee recognition. • Ensure proper staffing levels. • Approve more overtime. • Help employees understand how their work connects to the goals. 7.1.6. Other Comments Several employees took the opportunity to provide additional feedback and suggestions related to the strategic planning process. These suggestions include: • Addressing community needs, including: o Health care. o Affordable housing. o Youth opportunities. o Recreational restoration of Lake Lisgar. • Recognize escalating community growth and service demands that may require additional Town resources. • Increase emphasis on amenities, attractions, programs and infrastructure that improve quality of life and attract companies. • Initiate projects that are attractive to younger generations, like green initiatives. Page 143 of 371 Town of Tillsonburg Community Strategic Plan Background Report 43 • Ensure the strategic planning process includes community involvement. • Recognize that staff appreciate the opportunity to be part of this process and would like to continue to be engaged in these discussions. 7.2. Employee Focus Group Results To obtain more in-depth perspectives related to the content in the survey, three employee focus groups were held on March 3, March 8 and March 9 involving a representative cross section of the employees from throughout the organization. A total of 36 employees participated in the focus groups. A brief summary of outcomes is described below. 7.2.1. Vision and Mission In discussions related to the Town of Tillsonburg’s draft Vision Statement and Mission Statement, several of the points raised by survey respondents were also reflected in conversations with focus group participants. Common discussion points included: • The need to emphasize Tillsonburg’s heritage and historical significance. • Debate over Tillsonburg as a “regional hub for Southwestern Ontario” – participants indicated this is a lofty goal and might be more attainable as a “regional hub serving surrounding rural areas”. • Terms such as “modern amenities” and “lifestyle opportunities” are subjective and require greater definition and direction. • The importance of continuing to break down organizational silos and work collaboratively as a team. • Reconciling becoming a regional hub with modern amenities while preserving Tillsonburg’s small town appeal is required – these goals could seem contradictory without clear direction and careful planning. • The Town may not always “demonstrate” excellence, but there is no question that the Town “strives for” excellence. 7.2.2. Corporate Values When asked about the Values that are most important to employees in the workplace, the most common answers identified by participants included Communication, Trust, Teamwork, Respect, Integrity and Accountability. When asked about the Values that most accurately reflect their working environment, top responses from focus group participants included Service, Integrity and Accountability. Page 144 of 371 Town of Tillsonburg Community Strategic Plan Background Report 44 Participants suggested additional values for consideration including Leadership, Growth, Listening, Recognition and Comradery. 7.2.3. Goals, Strategic Directions and Priority Projects Participants offered the following feedback on all of the strategic plan goals: Customer Service, Communication and Engagement • Strong support for the consolidated Town Hall initiative as a means to improve customer service. • Improve and expand digital service delivery through a centralized citizen portal and enterprise-wide workflow management, and enhanced ability for customers to self-serve from home. • Improve other service delivery channels, for example, centralized customer service counter, improved wayfinding, and more intuitive phone systems. • Learn from working from home successes during COVID-19 and assess opportunities for workplace flexibility beyond the pandemic. • Increase programs for employee recognition. • Continue focus on inter-departmental communication and reduced silos. • Increased opportunities for citizen participation, with Council and employees demonstrating a united front to move Tillsonburg forward. Business Attraction, Retention and Expansion • Ensure that strategies to attract business are aligned with strategies to support and manage growth – for example, development charges, incentive programs and future development areas. • Explore new relationships through public-private partnerships. • Reinforce strong relationships with Business Improvement Association and Chamber of Commerce. • Work with neighbours and partners to deliver services to business as efficiently as possible. • Continue to demonstrate the innovation and entrepreneurial spirit that was demonstrated during COVID (for example, the patio by-law). • Demonstrate flexibility when business opportunities may not fit within the context of the downtown core. • Ensure Tillsonburg is a great place to live for current and potential employees for local businesses, complete with affordable housing, visual appeal and local attractions. • Explore opportunities for the Town to support local businesses in the procurement of goods and services. Page 145 of 371 Town of Tillsonburg Community Strategic Plan Background Report 45 • Continue to promote Tillsonburg, consistent with the new brand, leveraging lifestyle and benefits. Lifestyle and Amenities • Celebrate and promote attractions (for example, Lake Lisgar waterpark, Turtle Fest, Farmer’s Market, trails, two ice pads and pool). • Robust asset management of facilities will ensure our facilities remain in a state of good repair and assess opportunities to modernize (for example, there is growing demand for activities like gymnastics, indoor soccer, splash pads, a baseball complex, and winter activities). • Asset management will also help to consider the entire lifecycle of facilities, with an understanding that capital needs persist beyond construction. • Introduce more seasonal events and attractions when it is safe to do so and leverage the bandshell. • There is a high need for local physicians. • Community growth. • Continued to emphasize the importance of downtown through improved wayfinding. • Address growing affordable housing needs. • It is becoming increasingly difficult to support competing identities as a small town and a big centre. • Infrastructure investments need to keep pace with growth – work with developers to explore opportunities. • Explore opportunities in previously developed areas. • Ensure the Town continues to have resource capacity to address demands associated with growth. • Tillsonburg is welcoming for retired population – also need to attract working age population and youth. Connectivity and Access • Improve access to 401 through Highway 19 and Concession East. • Involve the public in transit route changes and improve in-town and regional connections. • Advocate/partner to improve internet in areas where bandwidth is expensive and inadequate. • The three goal areas identified as most important by employees were Lifestyle and Amenities, Business Attraction, Retention and Expansion, and Customer Service, Communication and Engagement. Page 146 of 371 Town of Tillsonburg Community Strategic Plan Background Report 46 8.0 Community Strategic Plan – Final Results The research, engagement, collaboration and analysis described in Sections 2.0 through 7.0 of this Report has resulted in a clear roadmap for Tillsonburg’s future, built from the ground up with Members of Council, residents, businesses, community groups and employees. The final results of the strategic planning process are included below, and a succinct summary has been included under separate cover to engage residents and businesses, foster community partnerships, and provide clarity to employees. The Community Strategic Plan outlines commitments that support the Town in demonstrating progress to the community and assisting the community in holding the Town accountable for results. 8.1. Vision Statement Organizational visions are statements that describe a desired future state and provide an aspirational image for the organization to work toward. A Vision Statement provides responses to questions like What are we working toward? or What is our collective quest? Based on discussions with Members of Council, employees, and input from over 400 community members, the below is an updated Vision Statement for Tillsonburg: “Our vision for Tillsonburg is a vibrant, engaged community, built on partnerships and entrepreneurial spirit, offering diverse housing and employment options, rich culture and heritage, modern amenities, small- town appeal and sustainable growth while serving as a regional centre.” 8.2. Mission Statement Organizational missions are statements that describe an organization’s role in working toward their mission. A Mission Statement provides responses to questions like What is our role? and Why do we exist? Mission Statements demonstrate what employees are accountable for and what customers and partners can count on the organization to provide. The previous Community Strategic Plan did not include a Mission Statement. Based on input, feedback and ideas from Members of Council, employees, residents, businesses and community groups, the following Mission Page 147 of 371 Town of Tillsonburg Community Strategic Plan Background Report 47 Statement defines expectations for the Town of Tillsonburg’s role in advancing the Vision: “The Town of Tillsonburg strives for excellence in local government by providing efficient and effective municipal services, facilitating partnerships, attracting and supporting businesses, promoting local heritage and identity, advancing the community as a regional centre and demonstrating results to the community.” 8.3. Corporate Values The Values of an organization are the behaviours that govern how employees in an organization work with each other and their customers. In a municipal setting, Values may also relate to Council interactions with each other, staff, and community members. Based on feedback and direction from Members of Council, the Town of Tillsonburg, in consultation with members of the public and employees, has established two sets of Values: The first are Values members of the community have prioritized in their interactions with Town representatives and employees, and the second are Values employees have prioritized in the interactions with each other and the Senior Management Team. 8.3.1. Values Prioritized by the Community Through the external survey, as well as community and business focus groups, participants indicated the following Values are most important when interacting with Town representatives and employees. • Integrity – Doing what is right and making decisions in the best interest of the community. • Service – Providing exceptional customer experiences and effective municipal services. • Accountability – Demonstrating value for tax dollars and visible progress on municipal initiatives. • Efficiency – Making each tax dollar go as far as possible. • Transparency – An open government that is forthcoming with information and decisions. • Respect – Valuing the role that each resident, business, and organization plays in making Tillsonburg a great community. • Communication – Raising awareness for municipal services, initiatives and decisions and offering opportunities for the community to become involved. • Professionalism – Information and services provided by highly knowledgeable and skilled municipal experts. Page 148 of 371 Town of Tillsonburg Community Strategic Plan Background Report 48 • Consistency – Clear policies and procedures that are applied with fairness for all residents, businesses and community partners. 8.3.2. Values Prioritized by Employees Through the internal survey and employee focus groups, participants prioritized the following Values when working together. • Respect – Valuing the role that, regardless of position or title, each employee plays in making Tillsonburg a great community. • Teamwork – Breaking down silos and working as one team in service to the community. • Service – Providing exceptional customer experiences and effective municipal services. • Accountability – Demonstrating value for tax dollars and visible progress on municipal initiatives. • Integrity – Doing what is right and making decisions in the best interest of the community. • Professionalism – Investing in the growth of employees to deliver value to Tillsonburg. • Communication – Sharing knowledge across the organization to engage employees and meet the needs of customers and partners. • Transparency – An open government that is forthcoming with information and decisions. • Trust – Relying on colleagues for responsive support to meet customer needs and achieve shared goals. 8.4. Goals, Strategic Directions and Priority Projects The following Goals guide the implementation of the Town of Tillsonburg’s Community Strategic Plan: • Lifestyle and Amenities – Within the community, Tillsonburg will strive to offer residents – from children to seniors – the amenities, services and attractions they require to enjoy balanced lifestyles. • Customer Service, Communication and Engagement – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. • Business Attraction, Retention and Expansion – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Page 149 of 371 Town of Tillsonburg Community Strategic Plan Background Report 49 • Community Growth – The Town of Tillsonburg will accommodate and finance sustainable, responsible growth, welcoming new residents and businesses while retaining the community’s unique identity. • Connectivity and Transportation – Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. The actions and priorities under each of these Goals are described below. 8.4.1. Lifestyle and Amenities Goal: Within the community, Tillsonburg will strive to offer residents – from children to seniors – the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Directions: • Work with Oxford County and community partners to ensure an adequate supply of affordable, attainable housing options. • Provide an expanded, accessible network of parks and trails, complete with end-use facilities. • Update municipal sports facilities consistent with modern standards. • Develop a robust, long-term asset management plan to inform evidence-based decisions regarding the maintenance, rehabilitation and replacement of community facilities. • Facilitate the enhancement and diversification of retail and dining opportunities in the downtown. • Increase opportunities to enjoy culture, events and leisure activities in Tillsonburg. • Maintain and enhance programs and facilities to support an active, engaged senior population. • Maintain and enhance programs and facilities to support an active, engaged youth population. • Target new programs, services, amenities and attractions that will be a magnet for young families. • Expand community partnerships in the delivery of programs and amenities. • Preserve and naturalize Lake Lisgar and its surroundings as a community attraction. Priority Projects: Ongoing Physician recruitment program. New playgrounds construction. Page 150 of 371 Town of Tillsonburg Community Strategic Plan Background Report 50 Immediate (1-3 year implementation start) Community Centre rehabilitation. Enhanced tree planting. Affordable housing collaboration with Oxford County. Partnership for a new splash pad. Short-Term (3-5 year implementation start) Trail system upgrades. Long-term care advocacy. Secure a new walk-in clinic. Property standards review and enforcement plan. Create additional community events. Medium-Term (5-10 year implementation start) Feasibility study for increased/enhanced cultural amenities. 8.4.2. Customer Service, Communication and Engagement Goal: The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Directions: • Continue to develop digital service delivery while maintaining counter and telephone channels. • Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. • Increase opportunities and promotion for public engagement in municipal initiatives. • Engage community groups, including advisory committees and service organizations, in shaping municipal initiatives. • Enhance employee engagement and training as the foundation for exceptional customer service. • Explore opportunities for service efficiencies in partnership with adjacent municipalities. • Advocate for community needs with other levels of government. • Position Tillsonburg as a leader in the municipal sector. Page 151 of 371 Town of Tillsonburg Community Strategic Plan Background Report 51 Priority Projects: Ongoing Continued roll-out of enterprise-wide workflow management. County-wide service delivery study implementation. Immediate (1-3 year implementation start) Consolidated Town Hall initiative. Navigation improvements on municipal website. Mobile application for reporting and service requests. Employee Engagement Strategy. Volunteer Recognition Program. Youth Engagement Strategy and Youth Advisory Committee. Consolidated customer service counter. Short-Term (3-5 year implementation start) Multi-year budgeting. Financial and Environmental Sustainability Plan. Municipal service review. 8.4.3. Business Attraction, Retention and Expansion Goal: Through community and regional partnerships Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Directions: • Continue to streamline and expedite the building approval process. • Instill an “open for business” culture across the corporation that prioritizes economic development and business attraction. • Ensure adequate supply of “shovel ready” land for business attraction and expansion. • Develop a “made in Tillsonburg” approach to education, training and development based on the workforce needs of current and prospective employers. • Support local businesses in post COVID-19 recovery. • Explore the feasibility of an enhanced tourism product offering in Tillsonburg. • Facilitate attainable housing options for local employees. Page 152 of 371 Town of Tillsonburg Community Strategic Plan Background Report 52 Priority Projects: Ongoing Marketing and build out of Van Norman Innovation Park. Continued roll-out and resourcing for Cloud-based permit application system. Continued promotion and facilitation of COVID-19 business support programs. Continued support for BIA and city-wide businesses during COVID-19 recovery. Increase diversity in manufacturing and other key sectors. Immediate (1-3 year implementation start) Boundary expansion initiative. Economic Development Strategy update. Corporate-wide rapid response approach for new business opportunities. Short-Term (3-5 year implementation start) Build out of new industrial land purchase. 8.4.4. Community Growth Goal: The Town of Tillsonburg will accommodate and finance sustainable, responsible growth, welcoming new residents and businesses while retaining the community’s unique identity. Strategic Directions: • Promote, preserve and enhance the downtown core as the retail centre and community hub for Tillsonburg. • Continue to offer relevant, leading incentives for revitalization and diversification in the downtown and throughout Tillsonburg. • Pursue the acquisition of additional municipal land to accommodate growth. • Plan and develop a long-term financing strategy for new services and infrastructure to support growth. • Work with Oxford County and the development community to proactively plan for a variety of housing options that are affordable and attainable for current and prospective residents. Page 153 of 371 Town of Tillsonburg Community Strategic Plan Background Report 53 Priority Projects: Ongoing Replenish and grow municipal reserves. Immediate (1-3 year implementation start) Boundary expansion initiative. Development Charges Study. Recreation Master Plan. Attainable housing plan. Enhanced development standards that benefit the community (including tree planting, affordable housing, walkability, livability, connectivity). Identify opportunities for infill development. Short-Term (3-5 year implementation start) Enhanced public engagement in placemaking and planning policies. Medium-Term (5-10 year implementation start) Downtown Parking Strategy. Resourcing review to service growth. 8.4.5. Connectivity and Transportation Goal: Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Directions: • Develop a multi-modal transportation network with improved connectivity to the 401 and VIA Rail. • Leverage the municipal airport more effectively to increase access, visibility and business activity in Tillsonburg. • Provide alternatives to automobile travel through active transportation and public transit. • Develop a robust, long-term Asset Management Plan to inform evidence-based decisions on the maintenance, rehabilitation and replacement of municipal infrastructure. • Continue to support and advocate for reliable, affordable and universal access to broadband services. Page 154 of 371 Town of Tillsonburg Community Strategic Plan Background Report 54 Priority Projects: Ongoing Town participation in regional transit initiative. Asset Management Plan. Immediate (1-3 year implementation start) Airport Master Plan and implementation. Short-Term (3-5 year implementation start) Transportation Master Plan (includes investigation of truck route and Concession Street extension). Electric vehicle infrastructure study. Medium-Term (5-10 year implementation start) Master drainage planning study. Page 155 of 371 Town of Tillsonburg Community Strategic Plan Background Report 55 9.0 Performance Measurement Framework What gets measured, gets done. The Town of Tillsonburg is committed to demonstrating progress during the implementation of the Community Strategic Plan and has developed a Performance Measurement Framework to communicate results and show accountability to the community for those results. There are two components of the Performance Measurement Framework: progress reporting and outcomes reporting. 9.1. Progress Reporting The Town of Tillsonburg plans to report progress on every priority project identified in the Community Strategic Plan, consistent with the implementation timelines listed in this document. For each priority project, the Town will assign lead accountability, support teams and project dependencies and will plan ahead for resources to include as part of the annual budget process. 9.2. Outcomes Reporting In addition to demonstrating progress on the priority projects listed in this document, the Town of Tillsonburg is committed to tracking and reporting the following outcome indicators on an annual basis to monitor Tillsonburg’s progress toward community goals. Page 156 of 371 Town of Tillsonburg Community Strategic Plan Background Report 56 Lifestyle and Amenities Average percentage of household income spent on housing. Proportion of residents in core housing need. Number of trees planted. Total kilometers of trail network. Total paved kilometers of trail network. Total kilometers of cycling network. Kilometers of trail network per capita. Acres of parkland maintained. Acres of parkland per capita. Average household distance to a municipal park. Average age of play structures. Accessibility – number of compliant play structures. Facilities condition rating. Accessibility – number of compliant facilities. Percentage of downtown storefronts as dining and retail. Number of annual community events. Number of community partnerships. Net new community physicians. Number of recreation program registrations. Waterpark utilization. Number of facility rentals. Prime time facilities utilization rate. Off-peak facilities utilization rate. Customer Service, Communication, Engagement Number of services available online. Number of services available through centralized customer service counter. Customer satisfaction rate. Employee engagement rate. Annual local tax increase. Rolling four-year average tax increase. Average time for service resolution. Average number of monthly visits to municipal website. Number of public engagement campaigns. Page 157 of 371 Town of Tillsonburg Community Strategic Plan Background Report 57 Business Attraction, Retention and Expansion Number of jobs created through new investment. Number of jobs retained. Number of business starts/firm creation growth. Number of net new business starts. Percentage of tax base assessment related to employment uses. New commercial/industrial assessment. Total acres of employment land. Total acres of employment land available for development. Acres sold/developed in Van Norman Innovation Park. Working age population, 15 to 64 years. Employment participation rate. Number of local post-secondary training programs. Community Growth Population growth. Taxable assessment growth. Value of construction activity. Number of building permit applications. Total value of building permits. Downtown vacancy rate. Average fire response times, in minutes. Number of registered heritage properties. Acres of land available for industrial development. Acres of land available for commercial development. Acres of land available for residential development. Number of housing units created as rent geared to income. Number of single-family detached units. Number of semi-detached units. Number of rowhouse units. Number of multi-residential units. Number of secondary units. Rental vacancy rate. Value of funding applications approved through the Community Improvement Plan (CIP). Average building permit approval time, in days. Number of public input opportunities in planning issues. Page 158 of 371 Town of Tillsonburg Community Strategic Plan Background Report 58 Connectivity and Transportation Average road condition rating (Pavement Condition Index). Average bridge condition rating (OSIM). Number of road lane kilometers maintained. Number of road land kilometers resurfaced or reconstructed. Number of sidewalk kilometers maintained. Number of sidewalk kilometers rehabilitated. Percentage of properties with access to high-speed internet. Number of passenger trips, T:GO in-town. Number of passenger trips, T:GO inter-community. Kilometers of water/wastewater distribution pipes. Kilometers of stormwater collection pipes. Number of stormwater collection ponds. Number of watermain breaks. Number of sewer back-ups. Number of sinkholes. Number of potholes. Aircraft movement. Airport hangar square footage. Total rail volume. Number of companies accessing rail. Page 159 of 371 Town of Tillsonburg Community Strategic Plan Background Report 59 10.0 Sustaining the Momentum Following Council approval, the following actions are recommended for the Town of Tillsonburg to continue the momentum that has been built during the strategic planning process as the Town transitions to implementation: 1. Communicate goals and priorities to employees and the community, thanking participants for their contributions and affirming the organization’s commitment to demonstrating accountability for results. Messages will be communicated in summer 2021 pending Council approval of the Community Strategic Plan. 2. Hold team meetings across the organization and ensure all employees are aware of the Community Strategic Plan and the important role that every team plays during implementation. 3. Align the Community Strategic Plan within operational business plans and annual operating and capital budgets, identifying where additional or different resources are required.3 4. Provide the Community Strategic Plan to firms involved in preparing municipal plans and studies as a foundational direction for community goals. 5. Assign internal accountabilities for implementation, establishing cross-departmental project teams where implementation involves more than one operating department. 6. Organize Council reports and agendas so it is clear when reports relate to the Community Strategic Plan. 7. Monitor progress based on the outcome indicators with the Performance Measurement Framework and review (annually, at minimum) to determine when adjustments to the Community Strategic Plan are necessary. 8. Provide status updates to Council annually and a progress report prior to the end of each term. 9. Conduct a check-in with incoming Town Councils at the beginning of each term to ensure the goals and priorities in the Community Strategic Plan are consistent with community perspectives obtained during the election period; make adjustments as necessary. 10. Communicate progress to the public on an ongoing basis. 3 A progress reporting tool has been provided under separate cover to assist the Town in identifying Strategic Plan resourcing needs across priority projects. Page 160 of 371 Town of Tillsonburg Community Strategic Plan Background Report 60 11.0 Acknowledgements Thank you to the over 400 local residents who participated in the Town of Tillsonburg’s strategic planning process. From improving local amenities such as the Community Centre and trail network, to strengthening community connections, to creating opportunities for youth, every contribution was considered and drove the development of this final Community Strategic Plan. Thank you to local businesses and service clubs who took the time to participate in focus group sessions. Feedback from local leaders was instrumental in determining priorities related to supporting businesses and facilitating community partnerships. Thank you to the many employees who shared their views and ideas. With a steadfast commitment to people, businesses and organizations in Tillsonburg, employees are important contributors to the community’s success. Thank you to Members of Tillsonburg Town Council for their leadership, guidance and community commitment during the strategic planning process. Together with employees and the community, Council has established a forward-thinking Vision for Tillsonburg, a roadmap for moving the community forward, and a commitment to demonstrate results. Page 161 of 371 Town of Tillsonburg Community Strategic Plan Background Report 61 Boulevard Strategy Group was pleased to work with the Town of Tillsonburg to prepare this Community Strategic Plan – Technical Report. www.boulevardstrategy.com erin@boulevardstrategy.com 905.805.5601 Page 162 of 371 Town of Tillsonburg Community Strategic Plan Feedback from Members of Council June 2021 The Town of Tillsonburg Community Strategic Plan will be presented to Tillsonburg Town Council for approval at the June 28, 2021, Council meeting. The Community Strategic Plan documents (Summary Report and Technical Reports) have been circulated with the public agenda. To provide Council with additional time for review, the Community Strategic Plan documents were pre-circulated to Members on June 11, 2021. Feedback and suggestions were received from two Councillors. These suggestions have been provided below for Council’s consideration and direction at the June 28 meeting: • I'm wondering if in the Business Attraction, Retention and Expansion, Ongoing Priority Projects section, bullet point 4 (pg. 13) if Continued support for the BIA and city-wide businesses during COVID 19 could read town-wide. • I really like the Performance Framework - in particular that under Community Growth page 17, bullet point #8 we have included Number of registered heritage properties as a marker. • It would be a bonus to have the most recent 2021 Census data in the Technical Report however that is probably beyond our control. • Page 5 - I find the vision statement to be of awkward wording. Does it have to be one sentence - suggestion below: o “Our vision for Tillsonburg is to grow a vibrant and engaged community built on partnerships and entrepreneurial spirit. Tillsonburg’s goal is to offer diverse housing and employment while providing modern amenities and sustainable growth that remains true to our culture and heritage while serving as a regional centre.” • Page 9 - 1. Lifestyle and Amenities Suggested wording; o “Within the community Tillsonburg will strive to offer residents the amenities, services and attractions to enjoy a balanced lifestyle.” Page 163 of 371 • 4. Community Growth I don’t believe it is the Town’s responsibility to finance all the growth. Developers etc. finance all costs related to development so I am concerned about making a blanket statement that the Town will finance sustainable growth. Suggestion; o “That the Town will accommodate and support sustainable growth.” • Page 10 - Lifestyle and Amenities: o I am concerned about providing an expanded network of parks and trails. I don’t believe council has agreed to expand trail system at this point and in fact I believe the consensus has been quite the opposite. Parks are developed by Developers of subdivisions then dedicated to the Town, the Town should not assume the costs of expanded parks. The Town however will maintain those parks moving forward. o I am not clear what “end use facilities” are referring too. Since this document guides the budget process, I cannot agree to making a promise of trail expansion without knowing costs, maintenance costs etc. It would be reasonable to assume enhancing existing trails not expanding them. • Page 15 - 5. Connectivity and Transportation Goal Suggestion: o “To build and improve connectivity for Tillsonburg residents and businesses through traditional and digital infrastructure.” o Thoughts; The use of words like “will” are making a promise that may not necessarily be kept. Transportation comes at a very large cost for small communities and is not always sustainable. We currently have a pilot project running with is Provincially funded however moving forward once funding has ceased it will have to be determined if it is viable moving forward. o Also: The Master Transportation Plan should be more like a medium term project. Building a truck route would likely not be feasible and has been tossed around for 40 plus years in the Town. Again, being cautious as to what we are promising. Page 164 of 371 TOWN OF TILLSONBURG COMMUNITY STRATEGIC PLAN Council Presentation June 28, 2021 Page 165 of 371 2 1 2 3 •Community Strategic Plan Summary Report and Technical Report. Obtain Approval Obtain Direction Celebrate Results •Feedback received from Members of Council in mid- June. •Reporting results to the public and employees, thanking participants. Presentation Objectives Page 166 of 371 1. Understanding Tillsonburg7. Approval2. Strategic Framework4. Community Engagement6. Performance Framework3. Employee Engagement5. Refine PrioritiesProcess Overview The process launched on January 11,2021 and includes seven phases. The project targets final Council approval on June 28,2021. 3 Page 167 of 371 Community Strategic Plan Overview 4 1.What are we working toward as a community? 2.What is the Town of Tillsonburg’s role? 3.What values are most important to serve Tillsonburg? 4.Where should we focus our energy and attention? 5.How will we know the plan is successful? Page 168 of 371 What are we working toward as a community? Vision Statement: “Our vision for Tillsonburg is a vibrant, engaged community, built on partnerships and entrepreneurial spirit, offering diverse housing and employment options, rich culture and heritage, modern amenities, small-town appeal and sustainable growth while serving as a regional centre.” Page 169 of 371 What is the Town of Tillsonburg’s Role? Mission Statement: “The Town of Tillsonburg strives for excellence in local government by providing efficient and effective municipal services, facilitating community partnerships, attracting and supporting businesses, promoting local heritage and identity, advancing the community as regional centre, and demonstrating results to the community.” Page 170 of 371 7 Values that guide how we work with each other: Respect Teamwork Service Accountability Integrity Professionalism Communication Transparency Trust Values that guide how we work with our community: Integrity Service Accountability Efficiency Transparency Respect Communication Professionalism Consistency Page 171 of 371 8 Where should we focus our energy and attention? Goals, Strategic Directions and Priorities 1.Lifestyle and Amenities 2.Customer Service,Communication and Engagement 3.Business Attraction,Retention and Expansion 4.Community Growth 5.Connectivity and Transportation Page 172 of 371 9 01 03 02 High level statements describing what the municipality wishes to achieve in each of the five areas. Goals Guidance on the types of policies and approaches that staff should consider. Strategic Directions Specific initiatives the municipality will pursue to progress toward the goal. Often identified as line items or capital projects in municipal budgets. Priority Projects Strategic Framework: 3 layers of action Page 173 of 371 Lifestyle and Amenities GOAL: 10 Within the community, Tillsonburg will strive to offer residents –from children to seniors – the amenities, services and attractions they require to enjoy balanced lifestyles. Page 174 of 371 Customer Service, Communication and Engagement GOAL: 11 The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Page 175 of 371 Business Attraction, Retention and Expansion GOAL: 12 Through community and regional partnerships,Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Page 176 of 371 Community Growth GOAL: 13 The Town of Tillsonburg will accommodate and finance sustainable, responsible growth, welcoming new residents and businesses while retaining the community’s unique identity. Page 177 of 371 Connectivity and Transportation GOAL: 14 Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Page 178 of 371 15 How will we know when the plan is successful? Performance Measurement Framework Progress Measures •Demonstrating the priority projects identified by Council are progressing according to schedule •Contingent on annual budget approvals Outcome Measures •Monitoring community and corporate indicators to determine if changes are necessary during implementation Page 179 of 371 Next Steps: Celebrating Results 16 Communicate The Plan •Prepare Summary Report for wide distribution •Public communications strategy •Internal staff communications Thank Participants •Ensure participants feel heard Employee Implementation •Implementation planning begins July 2021, consistent with recommendations in the Technical Report. Demonstrate Progress •Ongoing, using Performance Measurement Framework as a tool. Page 180 of 371 Request: Approval and Direction Community Strategic Plan: Summary Report and Technical Report Approval Whether to proceed with changes submitted by Members in mid-June. Direction Page 181 of 371 18 Thank You! erin@boulevardstrategy.com www.boulevardstrategy.com linkedin.com/in/eohoski Erin O’Hoski,Principal Page 182 of 371 Page 1 of 4 Subject: Economic Development Advisory Committee Recommendation Regarding Industrial Street Naming Report Number: EDM 21-20 Department: Economic Development and Marketing Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report EDM 21-20 Economic Development Advisory Committee Recommendation Regarding Industrial Street Naming; AND THAT the future North/South roadway in the Van Norman Innovation Park be named Innovation Way from Highway 3 South to the future intersection; AND THAT the future East/West roadway in the Van Norman Innovation Park be named Progress Drive from the future intersection West to the cul-de-sac. BACKGROUND The purpose of this report is to provide Council with advice from the Economic Development Advisory Committee regarding the naming of two future roadways in the Van Norman Innovation Park. With the pending completion of the servicing of the Innovation Park, it has been identified that the planned registration of the Plan of Subdivision requires the street names to be identified on that plan prior to registration. Hence, staff conducted some research and brought forward some options to the Economic Development Advisory Committee who have now made a recommendation for Council’s consideration. DISCUSSION The Town of Tillsonburg Road Naming Policy 3-002 (2011) is: Page 183 of 371 EDM 21-20 Page 2 of 4 The Council for the Town of Tillsonburg identifies that the naming of roads and subdivisions for the municipality should be determined in a manner that incorporates local history, culture and environmental features Some of the key guidelines are:  The owner/developer shall give consideration to names of locally important families (pioneers, prominent former residents), war veterans, local heroes or historical places or events of significance  That the names of living persons or companies used for the purpose of advertising shall not be permitted, unless by exception approved by Council  That in the case that an owner/developer/applicant, after all other considerations, requires a street be named after his/herself or in the essence or derivative of a corporate name; it should be known that any street for these purposes cannot intersect another property owner's lands or have frontage on municipally owned property  That there shall be no re-use of former/ discontinued street names  New names must not be identical or similar sounding to any existing street name within the municipality  Street extensions should continue with existing street names  No use of names with numbers or words difficult to pronounce and spell  Substantiation is required, (Historical/Personal significance) if there is any (i.e.person's last name) In general, these criteria provide important guidelines to consider, but also provide significant latitude for both the developer and Council. The Building Department initially identified that there may be a concern with naming the North/South roadway in the Van Norman Innovation Park as the street numbers increase heading north from Highway 3, which may necessitate re-naming that section of Clearview Drive. Renaming existing roadways can be problematic for existing property owners for a number of reasons. However in reviewing this in conjunction with the Town of Tillsonburg Road Naming Policy 3-002 (2011) and the Fire Chief, it was determined that keeping the existing road as Clearview Drive and the naming the future North/South roadway as Clearview Drive South is a possibility. Nevertheless, this is an opportune time to review both future roadways as the future North/South roadway had the title “Clearview Drive South” attached to it merely for convience and without formal approval. Page 184 of 371 EDM 21-20 Page 3 of 4 While the proposed names do not meet the criteria per se, the policy does allow for Council to make the decision in this regard. CONSULTATION As detailed above, the concern regarding the proposed use of the Clearview Drive South street name was originally identified by the Building Department, but upon further review of the Town of Tillsonburg Road Naming Policy 3-002 (2011) and the Tillsonburg Fire Department, it was determined that keeping the existing road as Clearview Drive and the naming the future North/South roadway as Clearview Drive South is a possibility. Regardless, staff reached out to the Communications and Recreation, Culture and Parks (museum) departments and asked for their help in developing a list of potential street names. Staff also contacted two local historians who provided a number of interesting options. Based on the feedback, the names of prominent entrepreneurs, businesses and businessmen (both male and female), founding family names, etc, were considered. The Economic Development Advisory Committee reviewed the potential naming options for the roadways in the Van Norman Innovation Park at their June 8,2021 meeting and passed the following resolution for Council consideration: THAT the Economic Development Advisory Committee recommends to Council that the names “Innovation Way” (currently named Clearview Drive South) and “Progress Drive” (Future Street A) be the established road names for the two roads being developed inside of Van Norman Innovation Park The concensus was that these names build on the “innovative” aspect of the industrial park name. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact anticipated related to the naming of future roadways in the Van Norman Innovation Park. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives Page 185 of 371 EDM 21-20 Page 4 of 4 ☒ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young 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 186 of 371 KNIGHTS OF COLUMBUS ST. MARY’S COUNCIL # 3212 TILLSONBURG, ONTARIO _____________________________________ "TOWN OF TILLSONBURG" Attn: Director of Recreation, Culture, and Parks – Mr. Chris Baird Info: Town of Tillsonburg, Mayor, His Worship Stephen Molnar On behalf of the Grand Knight, Sir Knight Alex Hanley, and all Fraternal Brothers from the Tillsonburg "Knights of Columbus" (KofC) Council # 3212, it is indeed an honour to relay to you a message of extreme gratitude relating to a recent Project Revival conducted at the Tillsonburg Cemetery. It was a great pleasure to meet with the Supervisor of Parks and Cemeteries, Mr. Matt Johnson, who is an extremely easily approachable person, and well versed in his job responsibility! The project that I was primarily concerned with was to tidy up and refresh the surroundings immediately around the Large Crucifix located near the midst of the Cemetery. When asked for his cooperation and advise relating to this endeavour, Matt’s face lite up and his incentive skills graciously allowed him to sketch out a proposal of a stone perimeter, centred to the Crucifix, and made to incorporate prepositioned specific types of shrubs and plants! I was extremely intrigued by Matt’s devotion to a mere request, on my part, and shortly thereafter through consultation with the Members of the Tillsonburg Knights of Columbus, unanimously funds were approved to purchase shrubs and plants. Subsequently, because Matt is an impressively keen and ambitious natural leader, the "Project", went forward and the rest is History! Thank you "Matt Johnson", and your "Team", for a Job extremely well done! The Town of Tillsonburg should be proud to have you as their employee! GOD Bless You! 11 Jun 2021 Tillsonburg KofC Project Volunteer : Doug Shwaluk Tel: 519-688-3458 ; Em: doug202074@gmail.com Page 187 of 371 Page 1 of 4 Subject: Offers to Purchase – Alleyway between Coyle Lane and Francis Street Report Number: EDM 21-19 Department: Economic Development and Marketing Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report EDM 21-19 Offers to Purchase – Alleyway between Coyle Lane and Frances 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 Sandra Pake for the property described as the North part of the Alleyway between Francis Steet and Coyle Lane 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 Christopher Meloche for the property described as the middle North part of the Alleyway between Francis Steet and Coyle Lane 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 John Fish for the property described as the Centre middle South part of the Alleyway between Francis Steet and Coyle Lane 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 Tracy Dinsmore for the property described as the South part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. Page 188 of 371 EDM 21-19 Page 2 of 4 BACKGROUND Council declared the Alleyway between Charles Street and Nelson Street as surplus to the Town’s needs at the August 10, 2020 meeting: THAT Council receive Report DCS 20-17 Surplus Land Declaration – Laneway between Coyle Lane and Frances Street; AND THAT the laneway property, described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy including suitable notification to the public. Since then, staff has been in negotiations with the neighbours regarding the sale of potential configurations based on the market value of the property. Four of the five property owners have now submitted an offer to purchase; however, at a nominal value of one ($1.00) dollar for the agreed upon parcel of land. Figure 1 – Subject Properties DISCUSSION The Alleyway property is approximately 3.7 metres (12 feet) wide and 53 metres (174 feet) long and is approximately 194 square metres (2,088 square feet) in size. The surplusing and sale of this property to the adjacent property owners will result in a addition to the rear of the three Tillson Avenue and to the side of the 8 Frances Street properties. Page 189 of 371 EDM 21-19 Page 3 of 4 The details of the four offers to purchase are identifical with the exception being the slightly different portions of land being acquired by each specific property owner: Offer Details Price $1.00 Deposit $500 Dimensions Approximately 12 feet by 43 feet each Area (estimated subject to final adjustments) ~ 480 to 516 square feet Purchaser Conditions None While the Town has no use for the alleyway property and it is desirable to sell the land to the adjacent property owners for reasons of convenience and reduced maintenance expectations, the challenge is that of the purchase price being offered. The offers do provide for the property owners to pay the Town’s survey and legal costs, but would not cover staff’s time and effort to date. CONSULTATION The intent to declare the property as surplus to the Town’s needs was circulated to all Town Departments and Tillsonburg Hydro Inc as detailed in DCS 20-17 Surplus Land Declaration - Laneway between Coyle Lane and Frances Street with only a requirement for potential future storm drainage being requested by the Engineering Department. Since then, they have advised that, due to the additional design work done in the area, an easement for drainage is not required. Hence, the agreements do not contain a provision for the Town to retain an easement. The property was declared surplus on August 10, 2020. A public notice was posted on the property on September 9, 2020 and published in the Tillsonburg News on September 17, 2020. The agreement template used is based on the template provided by Duncan, Linton LLP and the offers submitted have been reviewed by them. Page 190 of 371 EDM 21-19 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE An estimate of the property’s value was obtained through a Letter of Opinion prepared by Royal Lepage RE Wood Realty dated August 4, 2020. The Letter of Opinion indicated that the value of the property is estimated at $25,000. The offers have been submitted at a value of one ($1.00) dollar and the purchasers have agreed to pay the legal and survey costs related to the transaction. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ 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 – Sandra Pake Appendix B – Offer to Purchase – Christopher Meloche Appendix C – Offer to Purchase – John Fish Appendix D – Offer to Purchase – Tracy Dinsmore Page 191 of 371 AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- SANDRA PAKE (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 $1.00. North portion of Property bordering Coyle Lane and Lot 263 -12.007 feet wide by 44.685 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) (b) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July, 2021 ("Acceptance"), and when accepted shall constitute .a binding contract of purchase and sale, otherwise the APS shall be null and void and all deposit monies paid shall be returned to the Purchaser without deduction. Acceptance shall mean the date upon which the Mayor and Clerk of the Town of Tillsonburg, or such other persons as the Vendor may authorize from time to timei sign and execute this APS subsequent to the requirement that the Council of The Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing and approving the sale of the Property to the Purchaser pursuant to the terms of this APS. (c) The parties agree and acknowledge that negotiation of this APS is not a valid and bind.)? agreement until accepted by the Council of The Corporation of the Town of Buyer's lnitia~ Seller's Initials __ _ Page 192 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July sth, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from·the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and_f;Vcierstands that upon Acceptance by the Vendor, and subject to any conditions Buyer's Initial~ Seller's Initials __ _ Page 193 of 371 - --------------------------- herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall suNive 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 elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after Giesing. 16. Property Not for Resale {a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Dee~ Buyer's Initials Seller's Initials __ _ Page 194 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries ~e Vendor To The Purchaser on Closing Buyer's Initials# Seller's Initials __ _ Page 195 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyers lnitia~ Sellers Initials __ _ Page 196 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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. Sche~~les},f' Buyer's lnitia~ Seller's Initials __ _ Page 197 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyers Initial~ Seller's Initials __ _ Page 198 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at~// Son buI5, Ontario this ; 3Aday of h,PLL_ '2021. ** Per:6b €:::=-;__A_ Title: Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's lnlti~ 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 199 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's lnitia~ Seller's Initials __ _ Page 200 of 371 Buyer's Initial~ Seller's Initials __ _ Page 201 of 371 Pa e AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- CHRISTOPHER MELOCHE (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 $1.00. Portion abutting East side of Lot 262 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July , 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyer's Initials tJ/l'1 Seller's Initials __ _ Page 202 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July 5th, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th , 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. 1 O. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS an~_J,J_!lderstands that upon Acceptance by the Vendor, and subject to any conditions Buyer's Initials~ · Seller's Initials __ _ Page 203 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after elosing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. 19. Deed/Transfer Buyer's Initials (!/41 SECTION V -COMPLETING THE TRANSACTION Seller's Initials __ _ Page 204 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries .lfyJJie Vendor To The Purchaser on Closing Buyer's Initials~ Seller's Initials __ _ Page 205 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initials fJf1 Seller's Initials __ _ Page 206 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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. SchedulesdM.,., Buyer's lnitials_{,Jr_'_f Seller's Initials __ _ Page 207 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials ~ Seller's Initials __ _ Page 208 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Jt'//fo1JR{j , Ontario this /L/1/... day of J,,, e '2021. ** Per:~~ Name: Rhristog.her Meloche Title: f/ur c A Cl ) er Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials ~ 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 209 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's Initials t/f'1 Seller's Initials __ _ Page 210 of 371 Buyer's Initials~ Seller's Initials __ _ Page 211 of 371 AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- JOHN FISH (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 $1.00. Portion abutting East side of Lot 261 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed· through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July, 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyers lnitials-4 Sellers Initials __ _ Page 212 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July 5th, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and unj)}rstands that upon Acceptance by the Veodor, and subject to any conditions Buyer's Initials~ Seller's Initials Page 213 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run 1uith 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 elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after elosing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Deed/Transfer Buyer's lnitia~ Seller's Initials __ _ Page 214 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries by the Vendor To The Purchaser on Closing Buyer's Initial~ Seller's Initials __ _ Page 215 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initial~ Seller's Initials __ _ Page 216 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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 L Buyer's lnitialsp Seller's Initials __ _ Page 217 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initial~ 0 Seller's Initials --- Page 218 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated atJr//Je.11/t1a C=~/11, Ontario this f} ·' day of .1 '{?B. , 2021. ** Per:~ Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials# 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 219 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's Initial# Seller's Initials __ _ Page 220 of 371 Buyer's lnitia~ Seller's Initials __ _ Page 221 of 371 Pa e AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- TRACY DINSMORE (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 $1.00. South portion West of Lot 259 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION 11 -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 4th day of July, 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyer's Initials -rQ. Seller's Initials __ _ Page 222 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July Gt\ 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (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 Buyer's Initials .,......D Seller's Initials __ _ Page 223 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillson burg'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 \Nith the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) 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 Buyer's Initials -rD · Seller's Initials __ _ Page 224 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and. regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries by the Vendor To The Purchaser on Closing Buyer's Initials :[i-:> Seller's Initials __ _ Page 225 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initials ID· Seller's Initials __ _ Page 226 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G SA? Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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 Buyer's Initials 'TD-Seller's Initials __ _ Page 227 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials lD · Seller's Initials __ _ Page 228 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Tilsonbu:J , Ontario this 1·~ day of 'juAe... '2021. Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials ID · 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 229 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: • ... ~ Buyer's Initials I 0 · Seller's Initials __ _ Page 230 of 371 Buyer's Initials fD · Seller's Initials __ _ Page 231 of 371 Page 1 of 3 Subject: Assessment Appeal Impact; 248 Broadway Report Number: FIN 21-16 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report FIN 21-16 Assessment Appeal Impact; 248 Broadway as information; AND THAT option __ be selected to assist the BIA with managing the financial impact resulting from the assessment appeal. BACKGROUND This report has been prepared as a proactive response to information recently received regarding the successful appeal of the property 248 Broadway currently known as Canadian Tire. DISCUSSION The property 248 Broadway currently known as Canadian Tire is historically known for appealing their re-assessed property value as determined by MPAC. Re-assessment occurs every four years (though this has been recently postponed due to the on-going pandemic). This property appealed their 2017 assessment value and, even despite the best efforts to challenge this by the Treasurer at the time, they were successful. The Minutes of Settlement were signed and returned to MPAC however were not provided to the Town’s Taxation Manager to record the adjustment. As a result, the assessment impact resulting from the successful appeal pertaining to the years 2017-2018 were not updated in our system therefore an adjustment in 2021 is required. As a follow-up to the BIA’s request and Councils direction provided on April 12th to proceed with adjusting the levy distribution of the BIA, the Town has since mailed Notices to all BIA members with respect to the upcoming pending By-Law setting a maximum fixed charge on the Canadian Tire and mall properties. Should the By-Law Page 232 of 371 FIN 21-16 Page 2 of 3 pass on July 13th without one-third of voting members disputing, this measure will certainly assist in mitigating these appeal-related losses in the future. FINANCIAL IMPACT The impact of the Town’s portion of this appeal totals $82,065.70 and the BIA portion totals $11,265.87 (Table 1). The assessment values in years 2019-2021 are correct and require no adjustment. Table 1 – Summary of Assessment Impact Assessment Year Town of Tillsonburg BIA 2017 $41,448.00 $5,680.24 2018 $40,617.70 $5,585.63 $82,065.70 $11,265.87 It is expected that the BIA will require some assistance in mitigating the 2021 financial impact of their portion of the appeal. As a note, since the reassessment appeal is not affiliated with impacts relating to the Covid-19 pandemic the utilization of relief funds to assist the BIA is not feasible. Viable options for Council consideration include: A. Offering a repayment plan to BIA similar in nature to that provided earlier this year for the 2020 appeal adjustment of $16,000 with a repayment period not to exceed December 31, 2021 in accordance with the Municipal Act; B. Requiring adjustment to the BIA Final Tax Rate to recover the cost; C. Absorbing partial or full cost of the impact to the BIA by the Town and/or decreasing the 2022 Façade Improvement Town contribution to cover the cost of any absorbed value by the Town; D. Provide no financial assistance. The 2021 financial impact to the Town would normally be absorbed within the current Operating Budget as there is an annual estimate for in-year assessment appeals. There has however been an identified 2021 budget error pertaining to this line item. As a result, the Town’s portion of the appeal is reflected as an unfavourable in-year variance; the expected aggregate impact to the Town is $376,500. At year-end, the Town-wide cumulative final financial position (surplus/deficit) can be more reliably determined. In accordance with the Town’s Surplus/Deficit Policy and per the approval of Council via staff report, any residual loss is mitigated via use reserves and/or absorbed via the subsequent annual budget, while any residual surplus is contributed to reserves or utilized in the subsequent annual budget. Page 233 of 371 FIN 21-16 Page 3 of 3 CONSULTATION Staff in consultation with the Executive Director of the BIA have received expressed feedback that options A, B & D are not favourable by the BIA. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 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 234 of 371 Page 1 of 2 Subject: 2020 Financial Statement Reconciliation Report Number: FIN 21-17 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report FIN 21-17 2020 Financial Statement Reconciliation as information. DISCUSSION The surplus as indicated on the financial statements differs from that as presented by the municipality due to Public Sector Accounting Standards (PSAS) financial presentation requirements which require reclassifying certain items for presentation purposes only. FINANCIAL IMPACT The 2020 financial statements show a surplus of $1,654,024 while the Town’s operating surplus is $195,388. These two figures reconcile as follows: Financial Statement Surplus $ 1,654,024 BIA net loss (revenue) 46,097 Amortization 3,033,398 Capital expenses (6,243,531) Debt proceeds 2,030,273 Debt principal payments (1,458,194) Equity acquired in Tillsonburg Hydro Inc. (222,279) Net contribution from reserve (395,420) Net proceeds on disposal of Tangible Capital Assets 1,751,020 Operating Surplus $ 195,388 Page 235 of 371 FIN 21-17 Page 2 of 2 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 236 of 371 Page 1 of 3 Subject: 2020 Surplus Allocation Report Number: FIN 21-18 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report FIN 21-18 2020 Surplus Allocation as information; AND THAT Council approves the 2020 Operating Surplus of $195,388 be contributed to the Tax Rate Stabilization Reserve, with $150,000 earmarked for 2021 Operating budget funding as previously approved. BACKGROUND To allocate the 2020 surplus to specific reserve account(s). FINANCIAL IMPACT Staff is requesting that Council approve allocating the 2020 Operating Surplus entirely to the Tax Rate Stabilization Reserve. At the January 11, 2021 Council meeting Council committed through resolution $150,000 of surplus dollars from the 2020 budget be carried forward and used as part of the taxation dollar requirement in the 2021 budget to aid in reducing and mitigating the tax rate to local ratepayers. Resolution # 2021-010 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT $150,000 of surplus dollars from the 2020 budget be carried forward and used as part of the taxation dollar requirement in the 2021 budget to aid in reducing and mitigating the tax rate to local ratepayers. Councillor Parker called for a recorded vote. Councillor Parker - Yes Councillor Rosehart - Yes Page 237 of 371 FIN 21-18 Page 2 of 3 Deputy Mayor Beres - No Councillor Esseltine - No Councillor Gilvesy - Yes Councillor Luciani - No Mayor Molnar - Yes Carried. The recommendation to transfer the residual surplus value of $45,388 ($195,388 - $150,000) to the Tax Rate Stabilization Reserve is presented in response to the potential for ongoing 2021 losses resulting from the COVID-19 pandemic. This allocation follows the policy as outlined in the 2017 report FIN 17-16 Annual Surplus/Deficit Allocation Policy. For informational purposes, below is a summary of the specific reserves which yielded a 2020 year-end departmental surplus and, as identified within the Reserve Policy, would customarily have received a pro-rated surplus allocation. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy Reserve 2020 Departmental Year-End Surplus 2020 Pro-Rated Year-End (Residual) Surplus Allocation Fleet & Equipment Reserve 108,295$ 15,562$ Winter Maint.Reserve 103,612 14,889 Police Reserve 61,786 8,878 Engineering Reserve 34,435 4,948 Airport Reserve 7,730 1,111 45,388$ Page 238 of 371 FIN 21-18 Page 3 of 3 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 239 of 371 Page 1 of 3 Subject: 2020 Summary of Reserves and Trusts Report Number: FIN 21-19 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives report FIN 21-19 2020 Summary of Reserves and Trusts as information. BACKGROUND The Town of Tillsonburg maintains several reserves and trusts. The attached summary defines each reserve and trust accounts purpose, sources of revenues and expenditures, and information on year-end balances. DISCUSSION In 2009 several trusts were merged together to create a single reserve account, and in 2017 they were respectively separated. These accounts, presented within the attached Appendix A, summarizes in detail the various Town reserves and trusts. Some of these are Discretionary Reserves and operate according to the reserve policy established by Council in 2017. Others are Obligatory Reserves and are restricted by rules set up through other levels of government. Trust Funds are monies which have been donated to the Trusts with accountability on the Town to hold and manage the funds including the designation of Trustees to manage the Trusts. The Town Clerk and Treasurer are part of each set of Trustees for each Fund. In 2019, Council appointed new Trustees for most Trusts. Periodically throughout the year, as required, Trustees may be amended by Council resolution due to vacancies. These Trust funds support a variety of needs in the Town of Tillsonburg. The use of Page 240 of 371 FIN 21-19 Page 2 of 3 these funds can be for both Town capital and operating requirements in addition to supporting several community groups and individuals. Reserves are collected until they are needed to be used for the purpose for which they were collected; this is the reason why there is an estimated minimum and maximum target. When the maximum is reached, no further funding is necessarily required. Alternatively, if the value drops below the minimum, new contributions are generally required. The Town’s Reserve Policy was updated and approved by Council in 2020 (Bylaw 2020-008). It is anticipated that this be again subsequently reviewed by Finance in consultation with the Senior Leadership Team and brought forward to Council at a later date for adoption with any necessary amendments. It is important to note that year-end balances as provided in Appendix A do not reflect placeholder commitments for the 2021 fiscal year and/or beyond; rather the balances reflect a snapshot in time as held at December 31, 2020. CONSULTATION The Director of Finance in consultation with the CAO have determined that the min/max values as contained in the current Reserve Policy require review with recommendations brought forward to Council to revise the Policy at a future meeting for approval. FINANCIAL IMPACT To inform Council and the public of the details on monies which are outlined in the annual financial statements presented by the Town of Tillsonburg. 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 Page 241 of 371 FIN 21-19 Page 3 of 3 ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – 2020 Summary of Reserves and Trusts Page 242 of 371 TOWN OF TILLSONBURG 2020 Summary of Reserves & Trusts Contents AIRPORT RESERVE ............................................................................................................. 2 ASSET MANAGEMENT FUNDING RESERVE ...................................................................... 3 FACILITY INFRASTRUCTURE RESERVE ............................................................................ 4 CEMETERY RESERVE ......................................................................................................... 5 COUNCIL RESERVE ............................................................................................................. 6 DEVELOPMENT REMEDIATION RESERVE ......................................................................... 7 DOWNTOWN PARKING RESERVE ...................................................................................... 8 ECONOMIC DEVELOPMENT RESERVE .............................................................................. 9 ELECTION RESERVE ..........................................................................................................10 ENGINEERING RESERVE ...................................................................................................11 FIRE DEPARTMENT EQUIPMENT RESERVE .....................................................................12 FIRE DEPARTMENT LABOUR RESERVE ...........................................................................13 FLEET AND EQUIPMENT RESERVE ...................................................................................14 INSURANCE RESERVE .......................................................................................................15 IT EQUIPMENT RESERVE ...................................................................................................16 LINEAR INFRASTRUCTURE RESERVE ..............................................................................17 PHYSICIAN RECRUITMENT RESERVE ..............................................................................18 POLICE RESERVE ...............................................................................................................19 POLICE SERVICES BOARD RESERVE ...............................................................................20 RECREATION CULTURE AND PARKS RESERVE POLICY ................................................21 TAX RATE STABILIZATION RESERVE ................................................................................22 TRANSIT RESERVE .............................................................................................................23 WASTE MANAGEMENT RESERVE .....................................................................................24 WINTER MAINTENANCE RESERVE....................................................................................25 OBLIGATORY RESERVES ......................................................................................................26 BUILDING PERMIT COST STABILZATION RESERVE ........................................................26 FEDERAL GAS TAX REBATE RESERVE ............................................................................28 TRUST FUNDS .........................................................................................................................29 Page 243 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS THE ANNANDALE HOUSE TRUST ......................................................................................29 CEMETERY MAINTENANCE TRUST ...................................................................................30 CEMETERY PERPETUAL CARE TRUST .............................................................................31 CEMETERY PRE-PAID TRUST ............................................................................................32 COMMUNITY TRUST ...........................................................................................................33 LAKE LISGAR REVITALIZATION TRUST .............................................................................34 PARKLAND TRUST RESERVE ............................................................................................35 SCHOLARSHIP TRUST ........................................................................................................36 J.L. SCOTT MCLEAN OUTDOOR RINK TRUST ..................................................................37 Page 244 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS AIRPORT RESERVE The Airport Reserve provides a contingency for unforeseen events that might put pressure on the tax rate, provides for expenditures associated with the rehabilitation or replacement of existing Airport infrastructure as well as a source of funding for external airport consulting services. Revenues The Airport Reserve shall generally receive revenues from annual operating budget allocations or any surplus generated from the Airport business, after allowing for operating and capital expenses, on an annual basis. This Reserve also consists of funds set aside from Airport projects not completed in the previous financial year. These funds will be used to complete those Airport projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Airport Reserve may be used to fund the rehabilitation or replacement of existing airport capital infrastructure, assist in meeting the funding requirements of matching airport funding programs developed by senior levels of government, or support airport consulting services for various types of studies, plans or strategic development of the Airport. Recommended Target Levels The recommended minimum target would be about to 50% of the annual Airport General Operating Budget, which for 2020 is equivalent to $62,700. The recommended maximum target would be about to 100% of the annual Airport General Operating Budget, which for 2020 is equivalent to $125,400. COMMENTS: The 2019 ending balance is $6,143.66 The 2020 ending balance is $31,238.21 Page 245 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS ASSET MANAGEMENT FUNDING RESERVE The Asset Management Plan Funding Reserve is a long term source of financing to overcome the deficiency in replacement or purchases of capital assets. Revenues The Asset Management Plan Funding Reserve revenues are from the growth portion of the Current Market Assessment. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Asset Management Plan Funding Reserve expenditures will be used to assist with the financing of assets in the approved Capital Budget. Recommended Target Levels The recommended minimum target shall be $nil The recommended maximum target would be $497,790, 3% of the 2020 annual budget. COMMENTS: The 2019 ending balance is $974,091.06. The 2020 ending balance is $972,386.09 Page 246 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS FACILITY INFRASTRUCTURE RESERVE The Capital Infrastructure Reserve provides for expenditures associated with the rehabilitation, replacement or construction of buildings and other related facilities. Revenues The Capital Infrastructure Reserve revenues are from taxation. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures This Capital Infrastructure Reserve will be spent on costs related to design and implementation of the rehabilitation, replacement or construction of buildings and other related facilities. . Recommended Target Levels The recommended minimum target shall be reviewed based on specific facility projects and needs The recommended maximum target would be the total costs of all foreseen projects. COMMENTS: The 2019 ending balance is $555,934.68 The 2020 ending balance is $1,110,545.38 Page 247 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS CEMETERY RESERVE The Cemetery Reserve provides a source of funds for Cemetery projects and equipment. Within the Cemetery Reserve is a separate Memorials component that will fund replacements and maintenance of memorial benches, special memorials and trees in the Cemetery. Revenues The Cemetery Reserve revenues are from year-end surpluses in the Cemetery operations and surpluses in cemetery-related capital projects and from donations. The Memorials Component will receive 10% of each memorial bench & tree fee, and a 25% perpetual care levy on special memorials (defined as any memorial not considered a burial markers). The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Cemetery Reserve is to be used for Cemetery planning and plan implementation, surveys, landscaping projects, and other special Cemetery projects. Funds in the Memorials component will be used to replace, repair or maintain memorial benches and trees, and special memorials in the Cemetery including the flagpoles, the memorials near the Cemetery Building, and the St. Mary’s Cemetery cross. Recommended Target Levels The recommended target minimum is $50,000 plus the cumulative total of contributions to the Memorials component. COMMENTS: The 2019 ending balance is $66,896.78 The 2020 ending balance is $67,468.70 Page 248 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS COUNCIL RESERVE The Council Reserve provides for funding special projects identified by Council that may arise from time to time. Revenues The Council Reserve revenues are derived from taxation. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Council Reserve is spent on special projects as determined by Council from time to time. Recommended Target Levels The recommended minimum target shall $0 COMMENTS: The 2019 ending balance is $3,556.90 The 2020 ending balance is $3,587.29 Page 249 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS DEVELOPMENT REMEDIATION RESERVE The Development Remediation Reserve provides a source of funding for the installation, repair or replacement of outstanding development related municipal infrastructure deficiencies Revenues The Development Remediation Reserve shall generally receive revenues, after the appropriate notice by the Town has been provided, from outstanding construction holdbacks for which the Contractor has not remedied, any outstanding or expired municipal infrastructure deposits provided at the time of building permit application that the Builder has not rectified, and any outstanding Subdivision or Site Plan Agreement securities as a result of Developer default. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Development Remediation Reserve may be used for the installation, repair or replacement of outstanding development related municipal infrastructure deficiencies. Recommended Target Levels The balance of the Development Remediation Reserve should not drop below $0 and should be monitored regularly to ensure outstanding municipal infrastructure deficiencies are appropriately rectified. COMMENTS: The 2019 ending balance is $18,167.96 The 2020 ending balance is $18,488.55 Page 250 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS DOWNTOWN PARKING RESERVE The Parking Reserve provides a source of funding to properly maintain the Downtown Municipal parking lots including capital investment in new or existing Downtown parking infrastructure. This Reserve can be used for operating or capital expense purposes, but can only be used for Municipal parking located in the Downtown. Revenues The Parking Reserve revenues are generated from surplus funds left over from the parking levy charged to Downtown property owners, payments in lieu of parking paid on development not spent in the current year, and any net proceeds from the sale of Town owned parking lot property. This reserve also consists of funds set aside from Downtown Municipal parking infrastructure capital projects not completed in a previous financial year. These funds will be used to complete those Downtown Municipal parking infrastructure capital projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Parking Reserve may be used for the rehabilitation or replacement of existing Downtown Municipal parking lots, the purchase and capital maintenance of any Downtown Municipal parking infrastructure and related components, including parking-related technology, the design and construction of new Downtown Municipal parking infrastructure and the purchase of associated land, including financing, the cost associated with parking- related studies, analysis, policy or strategy development, and any annual operating deficit if incurred by the Town. Recommended Target Levels The balance of the Downtown Parking Reserve should not drop below $0 and should be monitored regularly to ensure appropriate investment in Downtown Municipal parking infrastructure. COMMENTS: The 2019 ending balance is $265,968.88 The 2020 ending balance is $275,859.29 Page 251 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS ECONOMIC DEVELOPMENT RESERVE The purpose of this reserve is to fund strategic economic development initiatives including:  Industrial land acquisition and development  Commercial land acquisition and development (high priority projects only)  Preparation and implementation of Economic Development strategies and studies that support the growth and development of the Tillsonburg economy Revenues The Reserve revenues are typically generated by industrial and commercial land sales and special projects. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures This Reserve is used to fund land acquisition and development, studies that support growth and related costs. Recommended Target Levels The recommended minimum target shall be $500,000 The recommended maximum target would be $5,000,000 COMMENTS: The 2019 ending balance is $337,311.43 The 2020 ending balance is $135,045.85 Page 252 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS ELECTION RESERVE The Election Reserve provides funding for the municipal election held every 4 years. The purpose of the fund is to spread the costs over each of the four years. Revenues The Election Reserve revenues are from planned amounts budgeted through the Council operating budget. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Election Reserve is to be used for election purposes and all associated costs therein. Recommended Target Levels The recommended target minimum is $13,500. A preferred amount to support elections would be $54,000. COMMENTS: The 2019 ending balance is $18,567.60 The 2020 ending balance is $28,760.08 Page 253 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS ENGINEERING RESERVE The Engineering Reserve provides a source of funding for external engineering services to smooth budgetary impacts associated with Regulated obligations, to support consulting services for various engineering related studies, plans, assessments, policy or strategic development, analysis, inspections, or investigations as they arise, and to support the implementation of engineering related capital projects. Revenues The Engineering Reserve shall generally receive revenues from annual operating budget allocations or any surplus generated from the engineering business, after allowing for operating and capital expenses, on an annual basis. This Reserve also consists of funds set aside from engineering related projects not completed in the previous financial year. These funds will be used to complete those engineering related projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Engineering Reserve may be used for consulting services of various engineering related studies, plans, assessments, policy or strategic development, analysis, inspections, or investigations as they arise and the implementation of engineering related capital projects. Recommended Target Levels The recommended minimum target shall be sufficient to cover all Regulated engineering related obligations. For 2020, this is equivalent to $40,000. A preferred amount would be about 25% of the annual operating budget, which for 2020 is equivalent to $70,450. The recommended maximum target would be equivalent to 50% of the annual operating budget which is $140,900 for 2020 representing about three iterations of Regulated engineering obligations. COMMENTS: The 2019 ending balance is $75,144.42 The 2020 ending balance is $242,974.62 Page 254 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS FIRE DEPARTMENT EQUIPMENT RESERVE The Fire Department Equipment Reserve provides a fund for capital equipment purchases. Revenues The Fire Department Equipment Reserve revenues are from planned amounts budgeted through the fire department operating budget. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Fire Department Equipment Reserve is to be used for capital projects. Recommended Target Levels The recommended target minimum is $75,000. A preferred amount to support capital purchases would be $225,000. COMMENTS: The 2019 ending balance is $153,252.98 The 2020 ending balance is $74,167.70 Page 255 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS FIRE DEPARTMENT LABOUR RESERVE The Fire Department Labour Reserve provides a fund for part time suppression labour costs. Revenues The Fire Department Labour Reserve revenues are from surplus amounts, if any, of the fire department suppression labour budget. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Fire Department Labour Reserve is to be used for occasions where, suppression, training and public education labour costs exceed the budgeted amount in a year. Recommended Target Levels The recommended target minimum is $15,000. COMMENTS: The 2019 ending balance is $0 The 2020 ending balance is $0 Page 256 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS FLEET AND EQUIPMENT RESERVE The Fleet and Equipment Reserve shall provide a source of funding for the replacement of corporate vehicles and equipment. Where expansion is necessary and where Development Charge funding cannot be applied, this Reserve is to provide a source of funding for the purchase of such fleet/equipment. Each request for expansion funded from this Reserve must be made clear during the capital budget process and in the purchase award report to Council. Revenues The Fleet and Equipment Reserve revenues shall be generated through the application of an annual Capital Cost Recovery charge to user departments. Fleet units shall repay this Reserve over the useful life of the unit. Additionally any surplus generated from the fleet business, after allowing for operating and capital expenses as well as any revenue generated from the disposal of replaced fleet assets shall also be contributed to this Reserve. This reserve also consists of funds set aside from fleet capital projects not completed in a previous financial year. These funds will be used to complete those fleet capital projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Fleet and Equipment Reserve shall be used for the replacement of corporate vehicles and equipment. Recommended Target Levels The Reserve balance shall be adequate to sustain the replace of existing vehicles and equipment on a replacement scheduled based on the estimated service life of the vehicle and/or piece of equipment. The recommended minimum target shall be equivalent to the sustainable annual capital investment forecast identified in the Town Asset Management Plan as $830,000 for fleet and equipment. A preferred amount would be equivalent to 15% of the Fleet replacement value identified in the Town Asset Management Plan, which for 2020 would be equivalent to $1,567,500. The recommended maximum target would be about 20% of the Fleet replacement value identified in the Town Asset Management Plan. For 2020, this would be equivalent to $2,090,000. COMMENTS: The 2019 ending balance is $390,400.71 The 2020 ending balance is $437,167.20 Page 257 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS INSURANCE RESERVE The Insurance Reserve shall provide a source of funding to stabilize annual insurance premium increases or in-year insurance claims increases exceeding budgeted figures. Revenues The Insurance Reserve revenues shall be generated from surplus amounts, if any, within the insurance claims account. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Insurance Reserve shall be used instances when the number of insurance claims and value exceed the amount planned in the budget process. It may also be used to stabilize annual insurance premium increases. Recommended Target Levels The Reserve balance shall be adequate to mitigate any unanticipated increases to annual insurance premiums or in-year excessive claims. The recommended minimum target shall be equivalent to the Town’s annual deductible as $50,000 (2020). COMMENTS: The 2019 ending balance is N/A The 2020 ending balance is $1,298.32. Page 258 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS IT EQUIPMENT RESERVE The IT Equipment Reserve shall provide a source of funding for the replacement of corporate software, computer and communications equipment. Revenues The IT Equipment Reserve revenues shall be generated through the application of an annual Capital Cost Recovery charge to user departments. IT related charges shall repay this Reserve over the useful life of the units. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The IT Equipment Reserve shall be used for the replacement of corporate software, computing and tele-communications equipment. Recommended Target Levels The Reserve balance shall be adequate to sustain the replacement of existing equipment on a replacement schedule based on the estimated service life of the piece of equipment. The recommended minimum target shall be equivalent to the sustainable annual capital investment forecast identified in the Town Asset Management Plan as $75,000. A preferred amount would $225,000. COMMENTS: The 2019 ending balance is $87,826.86 The 2020 ending balance is $137,823.22 Page 259 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS LINEAR INFRASTRUCTURE RESERVE The Linear Infrastructure Reserve provides for expenditures associated with the rehabilitation or replacement of existing capital infrastructure such as roads sidewalks, streetlights and signalized intersections, bridges, culverts and retaining walls, storm sewers and stormwater management facilities and their respective related infrastructure. Revenues The Linear Infrastructure Reserve shall generally receive revenues from annual operating budget allocations, any surplus generated from existing linear infrastructure business after allowing for operating and capital expenses, any new linear infrastructure program funding from senior levels of government, not including Gas Tax Funding, and an equitable share of the Assessment Growth allocated towards the Towns Asset Management Plan. Additionally, an annual allocation of surplus shall be contributed to this Reserve, as outlined in the Surplus Allocation Policy. This reserve also consists of funds set aside from linear infrastructure capital projects not completed in a previous financial year. These funds will be used to complete those linear infrastructure capital projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Linear Infrastructure Reserve may be used to fund the rehabilitation or replacement of existing capital infrastructure or assist in meeting the funding requirements of matching linear infrastructure programs developed by senior levels of government. Recommended Target Levels The recommended minimum target shall be equivalent to 1% of the linear infrastructure replacement value identified in the Town Asset Management Plan, which for 2020 would be $2,076,000. The preferred amount would be equivalent to the sustainable annual capital investment forecast identified in the Town Asset Management Plan as $3,890,000 for linear infrastructure. The recommended maximum would be about 8% of the linear infrastructure replacement value identified in the Town Asset Management Plan. For 2020, this would be equivalent to $16,608,000 representing approximately the support for a 5-year capital plan. COMMENTS: The 2019 ending balance is $309,863.44 The 2020 ending balance is $214,386.38 Page 260 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS PHYSICIAN RECRUITMENT RESERVE The Physician Recruitment Reserve is to establish funding in partnership with Tillsonburg District Memorial Hospital for the attraction of Physicians. Revenues The Physician Recruitment Reserve revenues are supported through taxation and donations from individuals and corporation. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Physician Recruitment Reserve has two main areas of expenditures. The first is related to the attraction of Physicians and the marketing related cost and the second is for costs to secure Physicians. A Shared Physician Recruitment Incentive Support Model for new physicians has been agreed to with the Tillsonburg District Memorial Hospital. Recommended Target Levels The recommended minimum target shall $35,000 The recommended maximum target would be $100,000 COMMENTS: The 2019 ending balance is $58,659.71 The 2020 ending balance is $124,646.66 Page 261 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS POLICE RESERVE The Police Reserve purpose is to offset the annual cost of the Town’s police service contract. Revenues The Police Reserve shall generally receive revenues from any surplus generated from a decrease in the budgeted service contract or unbudgeted funds received under the Ministry of Community Safety and Correctional Services which include, but are not limited to, the Community Policing Partnerships, Safer Communities - 1,000 Officers Partnership and RIDE grant programs. The Reserve will also retain interest earned by the funds in the Reserve. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Police Reserve funds are to be used solely to offset the annual cost of the Town’s police service costs and must be made clear during the annual budget process. Recommended Target Levels N/A COMMENTS: The 2019 ending balance is $78,681.78. The 2020 ending balance is $79,354.40 Page 262 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS POLICE SERVICES BOARD RESERVE The Police Services Board Reserve a fund to support special projects taken on by the Board to support policing efforts in the Town of Tillsonburg. Revenues The Police Services Board Reserve revenues are from the annual year end surplus of the special project funds, as outlined in the Surplus Allocation Policy as well as any revenue made from donations, auctions and unclaimed funds that may be collected by the Board. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Police Services Board Reserve is to be used for augmentation of the annual special projects allocation. Recommended Target Levels The recommended target minimum is $1,000. The recommended target maximum is $20,000 COMMENTS: The 2019 ending balance is $18,005.55 The 2020 ending balance is $32,669.56 Page 263 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS RECREATION CULTURE AND PARKS RESERVE POLICY The Recreation, Culture and Parks Reserve generates funds for projects, equipment, planning exercises, grant-matching, and other strategic initiatives of the Recreation, Culture & Parks Department. Within the Reserve is a separate Memorials component that will fund replacements and maintenance of memorial benches and trees in Town Parks. Other separate components may be established from time to time to track reserves targeted for specific projects or facilities. Revenues The Recreation Culture and Parks Reserve revenues are from year-end surpluses in RCP capital projects or from capital projects not completed at year-end. Revenue may also be sourced from donations, bequests, fundraising revenue, advertising sales, special user levies or fees, fines, court awards, insurance claims. The Memorials Component will receive 10% of each memorial bench & tree fee The Reserve will also retain interest earned by the funds in the Reserve. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Recreation Culture and Parks Reserve is to be used for planning, plan implementation, grant matching, community events, equipment purchases, capital repairs and improvements, fee subsidies, youth leadership initiatives, public art, cultural initiatives or other expenditures as designated by the source of the revenue. Funds in the Memorials component will be used to replace, repair or maintain memorial benches and trees in Town Parks. Recommended Target Levels The recommended target minimum is $500,000 plus the cumulative total of Memorial contributions. COMMENTS: The 2019 ending balance is $527,703.88 The 2020 ending balance is $536,177.89 Page 264 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS TAX RATE STABILIZATION RESERVE The Tax Rate Stabilization Reserve provides a contingency for unforeseen events that might put pressure on the tax rate. It is also used as a source of working capital. Revenues The Tax Rate Stabilization Reserve revenues are from the annual year end surplus, as outlined in the Surplus Allocation Policy. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Tax Rate Stabilization Reserve is to be used for unforeseen expenditures of a one- time nature. Recommended Target Levels The recommended target minimum is 3% of the annual tax supported budget. For 2020, this would be $432,200 based on an operating budget of $14,474,500. A preferred amount to support working capital would be about 15% of the budget which is $2,488,950 representing about 2 month’s cash flow. COMMENTS: The 2019 ending balance is $723,134.26 The 2020 ending balance is $630,980.97 Page 265 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS TRANSIT RESERVE The Transit Reserve was established to support provide funding for a Community Transportation Program in cooperation with other community agencies. A Community Transportation Program meets the Community Strategic Plan’s action items of exploring alternative transportation options and implement and market a transportation program. Revenues The Transit Reserve revenues are from taxation. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures This Transit Reserve is to co-fund the requirements of community transit system. The annual limit is established through the budget process. Recommended Target Levels The recommended minimum target shall be $22,500. The recommended maximum target would be $75,000. COMMENTS: The 2019 ending balance is $0. The 2020 ending balance is $0 Page 266 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS WASTE MANAGEMENT RESERVE The Waste Management Reserve consists of funds set aside for the future rehabilitation or replacement of waste related assets and to provide financial assurance for the future decommissioning, clean-up or remediation of the Transfer Station facility. Revenues The Waste Management Reserve shall generally receive revenues from any surplus generated from the waste business, after allowing for operating and capital expenses, on an annual basis. This Reserve also consists of funds set aside from waste management projects not completed in the previous financial year. These funds will be used to complete those waste management projects in a future financial year. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Waste Management Reserve could be used for operating or capital expense purposes related to waste management. Recommended Target Levels The balance of the Waste Management Reserve shall be equivalent to the financial assurance to clean-up the maximum allowable amount of waste at the Transfer Station facility at any one time, which for 2020 is equivalent to $79,600, and increase annually at the rate of inflation. COMMENTS: The 2019 ending balance is $1,887.56 The 2020 ending balance is $1,903.72 Page 267 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS WINTER MAINTENANCE RESERVE The Winter Maintenance Reserve is to fund winter maintenance activities in the event of a shortfall in the Winter Maintenance Operating Budget. This Reserve is to assist in minimizing the financial implications resulting from extreme winter weather conditions. Revenues The Winter Maintenance Reserve revenues are from surplus funds from the annual Operating Budget for winter maintenance, if any. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures This Reserve provides additional funding for winter maintenance expenditures in the event of a deficiency in the Operating Budget amount for winter maintenance. Recommended Target Levels The recommended minimum target shall be equal to 10% of the 5-year average winter maintenance costs or a minimum of $50,000. The recommended maximum target would be about 25% of the 5-year average winter maintenance costs which for 2020 would be approximately $133,200. COMMENTS: The 2019 ending balance is $0. The 2020 ending balance is $0 Page 268 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS OBLIGATORY RESERVES BUILDING PERMIT COST STABILZATION RESERVE The Building Permit Cost Stabilization Reserve Fund was created to support Section 7(2) of the Ontario Building Code Act which states “The total amount of the fees authorized under clause (1) (c) must not exceed the anticipated reasonable costs of the principal authority to administer and enforce this Act in its area of jurisdiction” meaning fees collected are to be used to administer the Act; surpluses cannot be used to fund general Town expenditures, and deficits should be funded from a Reserve Fund. Revenues Revenues to the Cost Stabilization Reserve Fund are an annual budgeted allocation from Building Permit revenues, as well as additional revenues added from Building Permit surplus as it occurs. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures Expenditures from the CSRF are to stabilize the building permit revenue line in the Operating Budget and to fund Building department capital expenditures. Recommended Target Levels The minimum target amount should be $100,000 about 25% of the annual operating cost and the maximum should be $400,000. COMMENTS: The 2019 ending balance is $498,303.60 The 2020 ending balance is $861,065.31 Page 269 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS DEVELOPMENT CHARGE RESERVE The Development Charge (DC) Reserve Funds provide financing for growth related projects undertaken by the Town as detailed in the DC Background Study and By-Law. The DC legislation took effect in 1991. Revenues The Development Charge Reserve revenues are from charges imposed and collected prior to the issuance of a building permit on new development and redevelopment that will result in the demand for hard and soft services. Expenditures This Development Charge Reserve contributes to projects identified in the DC study and included in the rate. Recommended Target Levels The recommended target would be to have adequate funding to meet the growth of the Town. COMMENTS: The 2019 ending balance is $2,397,787.82 The 2020 ending balance is $2,573,367.38 Page 270 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS FEDERAL GAS TAX REBATE RESERVE The Gas Tax Rebate Reserve provides funding for investments in Environmentally Sustainable Municipal Infrastructure (ESMI) Projects and Capacity Building Projects as per the Agreement for the Transfer of Federal Gasoline Tax Revenues. Revenues The Town of Tillsonburg receives a semi-annual allocation of funds from the Association of Municipalities Ontario (AMO) on behalf of the Federal Government per the Agreement for the Transfer of Federal Gasoline Tax Revenues. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures Expenditures from the Gas Tax Rebate Reserve are to be used to support environmentally sustainable municipal infrastructure projects to help ensure cleaner air, cleaner water, and reduced greenhouse gas emissions. The Transfer of Federal Gasoline Tax Revenues Agreement sets out Eligible projects/categories as well as terms & conditions in further detail. Recommended Target Levels The balance of the Gas Tax Rebate Reserve should not drop below $0 and should be monitored regularly to make best use of the opportunity available to the Town of Tillsonburg. COMMENTS: The 2019 ending balance is $581,310.41 The 2020 ending balance is $602,473.03 Page 271 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS TRUST FUNDS THE ANNANDALE HOUSE TRUST The Annandale House Trust is established for purpose of generating funds for the restoration, refurbish, development, and promotion of the Annandale House and the Museum’s collection was established through By-Law 2259. The Trust was defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019. Revenues The Annandale House Trust revenues are from donations, bequests, fundraising activities and any revenue from the divestment of de-accessioned items in the Museum’s collection or the sale of items donated for the collection but which do not meet the criteria to be added to the collection. Interest earned on funds in the Trust will be retained within the Trust. Expenditures The Annandale House Trust is to be used for capital repairs and enhancements to the Annandale House, outbuilding and grounds that are consistent with maintaining and/or restoring the National Historic Site. Trust funds may also be used for acquisition of items for the Museum collection or for expenses related to the preservation, storage or display of the items in the collection. Grant matching is an eligible expense. Fundraising expenses and donor recognition are not eligible expenses. Recommended Target Levels The recommended target minimum is $400,000. COMMENTS: The 2020 ending balance is $145,252. Page 272 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS CEMETERY MAINTENANCE TRUST The Cemetery Maintenance Trust was established to receive, maintain, control and use donations for the general maintenance and upkeep of Tillsonburg Cemeteries. The Trust was defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019. Revenues The Cemetery Maintenance Trust revenues are from donations received. They shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Expenditures This Cemetery Maintenance Trust Trustees will determine the disbursement of the funds, to focus on the general maintenance and care of the grounds of the Tillsonburg Cemetery. Recommended Target Levels The recommended minimum target shall $10,000 The recommended maximum target would be $100,000 COMMENTS: The 2020 ending balance is $36,479. CONSOLIDATED ACCOUNTS: PURPOSE: Cemetery Maintenance $24,799 Cemetery maintenance TASC $1,807 Cemetery Trees $3,290 Plant trees in cemeteries Cemetery Capital $6,583 Fund capital purchases for cemeteries Page 273 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS CEMETERY PERPETUAL CARE TRUST The Perpetual Care Trust holds funds in trust as per of the Funeral, Burial and Cremation Services Act, 2002, Section 51 and Ontario Regulation 30/11, Division G, which requires a cemetery operator to have a trust account for the purpose of generating funds for the care and maintenance of the cemetery. The Trust was defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019. Revenues The Perpetual Care Trust revenues are from the contributions required by the Act and set by regulation that are collected from every sale of interment rights within the cemetery and in respect of markers installed in the cemetery. As per the Act, income from the investment and reinvestment of those contributions must be must only be used for the prescribed purposes and in accordance with the prescribed rules. If this income is retained by the Trust it may only be made available for distribution to the cemetery operator. Expenditures The capital accumulated within the Trust cannot be used for any purpose except as required or permitted by the Act or the regulations. Distributed interest earned from the investment and reinvestment of contributions from markers can be used to stabilize, maintain, secure and preserve markers in the cemetery. Interest earned from the investment and reinvestment of money paid into the trust for purposes other than for markers can be used to maintain, secure and preserve the cemetery, including its grounds, buildings, structures and markers, and for the equipment used to maintain, secure and preserve the cemetery. Regulation permits the operator to use income from the fund or account to pay a worker wages and benefits for engaging in, or supervising, the stabilization, maintenance, securing or preservation of markers, the cemetery or any of its grounds, buildings, structures or markers; or the equipment used to maintain, secure or preserve the cemetery. Recommended Target Levels N/A COMMENTS: The 2020 ending balance is $949,295. Page 274 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS CEMETERY PRE-PAID TRUST The Cemetery Pre-Paid Trust holds funds in trust for pre-paid cemetery services and has been established under Part VI of the Funeral, Burial and Cremation Services Act, 2002, Section 52 and Ontario Regulation 30/11, Section 77-81. Revenues The Cemetery Pre-Paid revenues were collected from Cemetery customers for pre-paid services up until 2014. They are no longer being collected as pre-paid services are not being offered by the Tillsonburg Cemetery. Interest earned from the Trust is retained within the Trust. Expenditures The funds in the Trust must be used for the purpose for which they were collected. When one of the clients who has pre-paid for cemetery services has need of those services, the funds held in trust plus the interest earned on those funds are used to pay for the services. If the fee for the services is less than the funds plus interest, any leftover must be returned to the estate of the client. If the fee is greater than the accumulated funds, the difference is waived by the Town. Recommended Target Levels The target level is $0. As the pre-paid services are performed, the balance in the Trust will decrease to zero. COMMENTS: There are Provincial regulations and annual reporting requirements associated with pre-paid trusts that must be complied with as long as there are funds in the Trust. The 2020 ending balance is $30,342 representing 65 prepayments. Page 275 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS COMMUNITY TRUST The Community Trust was established to receive, maintain, control and use donations for community designated purposes. The Trust was defined and Trustees appointed By-Law 4322 on the 24th day of June, 2019. Revenues The Community Trust revenues are from Donations and Bequeaths received and deposited into this trust account. Funds in the Community Trust may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Expenditures This Community Trust shall be disbursed by the Trustees. These funds will be disbursed to focus on community purposes such as heritage designations, disaster relief, fire safety, parades, festivals, theatre and so on. Recommended Target Levels The recommended minimum target shall be $50,000. COMMENTS: The 2020 ending balance is $77,967. CONSOLIDATED ACCOUNTS: PURPOSE: John Scott $5,069 Poor of Tillsonburg John McIntyre $2,952 Sick children John Law $33,175 Bands, concerts, & musical entertainment Emergency $2,589 Citizens affected by a fire or other disaster LACAC $8,254 Public awareness of heritage conservation Fire Safety House $1,247 Fire safety Rowing $38 Sponsorship of rowing athletes Youth Request $18,200 Special project grants and bursaries for youth Christmasfest $6,442 Page 276 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS LAKE LISGAR REVITALIZATION TRUST The Lake Lisgar Revitalization Trust is to be used for generating funds for the care and maintenance of the water quality of Lake Lisgar and the shorelines in and around Lake Lisgar. Revenues The Lake Lisgar Revitalization Trust revenues are from donations, bequests, grants and fundraising activities. If the balance in the Trust is less than the targeted minimum, there may be contributions from the Town’s operating budget. Interest earned on the funds in the Trust will be retained in the Trust. Expenditures Eligible expenditures include projects upstream of the Lake like sediment ponds and erosion mitigation. Eligible expenses also include equipment, project expenses, scientific research, water quality monitoring, grant matching, and activities or projects that inform people about the importance of water quality and how they can assist with keeping Lake Lisgar clean. Recommended Target Levels The recommended target minimum is $50,000. COMMENTS: The 2020 ending balance is $29,374. CONSOLIDATED ACCOUNTS: PURPOSE: Lake Lisgar Trust $15,825 Purchase parkland and equipment Fountain Trust $13,549 Maintain the Lake Lisgar fountain Lake Lisgar Water Quality Trust* $0 Maintaining and protecting of the overall health of Lake Lisgar *New for 2021. Page 277 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS PARKLAND TRUST RESERVE The Parkland Trust Reserve provides a source of funds for Parkland acquisition, projects and equipment. Within the Parkland Reserve is a separate Memorials component that will fund replacements and maintenance of memorial benches and trees in Town Parks. The Trust was defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019. Revenues The Parkland Trust Reserve revenues are from contributions from land developers and severances remitted under Section 51.1 (3) of the Planning Act R.S.O. (1990), from the sale of land previously designated for parkland purposes, and from donations. The Memorials Component will receive 10% of each memorial bench & tree fee. The Reserve will also retain interest earned by the funds in the Reserve. Expenditures The Parkland Reserve is to be used for Parks planning and plan implementation, surveys, landscaping projects, park amenities and other special Parks projects. Funds in the Memorials component will be used to replace, repair or maintain memorial benches and trees in Town Parks. Recommended Target Levels The recommended target minimum is $10,000. COMMENTS: The 2020 ending balance is $24,023. CONSOLIDATED ACCOUNTS: PURPOSE: Parkland Trust $22,343 Purchase parkland and equipment Arbour Day $1,680 Plant trees Fountain Trust (moved to Lake Lisgar Trust) Page 278 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS SCHOLARSHIP TRUST The Scholarship Trust was established to receive, maintain, control and use donations for scholarship awards. The Trust was defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019. Revenues The Scholarship Trust revenues are from donations and bequeaths for the Town which are deposited to the trust account. The trust funds may be invested in such securities as the trustees determine under the Trustee Act and the earnings derived from the investment of such monies form part of the trust fund. Expenditures The Scholarship Trust funds shall be disbursed by the trustees on choosing a suitable recipient of a scholarship. The request for funds shall be provided from Tillsonburg High Schools and/or from neighboring Public or Private Schools to which Tillsonburg residents attend. Recommended Target Levels The recommended minimum target shall be $20,000. COMMENTS: The 2020 ending balance is $35,767. CONSOLIDATED ACCOUNTS: PURPOSE: Police Services Board Trust (PSB) $30,232 Police (Foundations) Studies M.L. Covey Trust $5,535 Modern Language Studies Page 279 of 371 2020 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS J.L. SCOTT MCLEAN OUTDOOR RINK TRUST The J.L. Scott McLean Fund is to be used for capital expenses and ongoing facility improvements related to the construction of the outdoor refrigerated ice pad/basketball court facility behind the Tillsonburg Community Centre. The Trust was defined and Trustees appointed through By-Law 4126, Schedule A, on the 21st day of August, 2017. Revenues The J.L. Scott McLean Fund revenues are from donations received by the Town. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Expenditures The J.L. Scott McLean Fund shall be disbursed by the trustees. Trustees are to determine the disbursement of the funds to focus on the construction of a new outdoor refrigerated ice pad/ basketball court facility in Memorial Park, the refrigeration of the facility and improvements to the facility. COMMENTS: The 2020 ending balance is $92,871. Page 280 of 371 Page 1 of 3 Subject: Covid-19 Tax Deferral Report Report Number: FIN 21-20 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT Council receives FIN 21-20 Covid-19 Tax Deferral Report as information. BACKGROUND At the Council meeting held on the May 10, 2021 the following resolution was passed: 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. This report is to provide Council with an update on the participation of the May property tax installment deferral option. Page 281 of 371 FIN 21-20 Page 2 of 3 DISCUSSION Upon the direction provided by Council, staff immediately set into place a deferral application identical to that utilized in 2020 for the same purpose. Information regarding the deferral application option was advertised through the Town newsletter and website. The Town received three deferral applications for a total of $16,365. Deferrals organized by property class are outlined in the below table with comparative 2020 figures. FINANCIAL IMPACT All deferred taxes are expected to be collected by August 1, 2021 at which time penalty and interest will commence on unpaid balances. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive 2020 2021 Residential 16,817$ 1,698$ Commercial 52,724 14,667 Industrial 71,366 - Large Industrial 35,282 - New Commercial 18,498 - Commercial and Residential 6,869 - Multi -Residential 32,742 - Shopping Centre 60,390 - 294,688$ 16,365$ Class Total Deferred Page 282 of 371 FIN 21-20 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 None. Page 283 of 371 Page 1 of 5 Subject: Fire Services Radio Communications – Tower Sites Report Number: FRS 21-07 Department: Fire Services Submitted by: Paul Groeneveld, Acting Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT staff report FRS 21-07 be received as information; AND THAT Staff be directed to purchase and install radio equipment as proposed on both the TFRS Reservoir and Community Service Centre Towers from Five9 Solutions in the amount of $37,732.75 plus HST; AND THAT the radio equipment and installation be debentured as proposed in this report. BACKGROUND Tower Site Radio Equipment Assessment On April 18th, 2021 Staff received a Health and Safety Concern following the fire at 148 Concession Street. The concern was related to the poor quality of the radio communications on scene and inside the building during firefighting evolutions. Staff was made aware that the Tillsonburg Fire and Rescue Services radio tower equipment, in-vehicle radios and portable radios had not been serviced or maintained on a regular schedule. Staff utilized Five9 Solutions to assess the condition of all radio tower equipment, in vehicle radios and portable radios. Page 284 of 371 FRS 21-07 Page 2 of 5 Five9 Solutions advised staff that the tower equipment was working good at the time. Five9 Solutions also advised that should this equipment become defective they will not be able to repair or acquire parts due to the age (20+ years) of the equipment. On June 14, 2021 the radio equipment on the Reservoir Tower site malfunctioned and Fire Comm was unable to notify and communicate with TFRS members via normal channels. Five9 Solutions attended and evaluated the radio equipment. Five9 staff were able to re-boot the repeater and restore the use of the equipment on a temporary basis. Five9 also advised that the equipment will continue to malfunction, which it has on a number of occasions following June 14, 2021. The CSC Tower is used as a back-up in case of a malfunction of the Reservoir Tower. On June 14, 2021 Fire Comm staff moved communications over to the CSC Tower until the Reservoir Tower was re-booted. Five9 does not recommend operating off the CSC Tower for any length of time, and has previously recommended the equipment be upgraded as well. Town Purchasing Policy The Town Purchasing Policy provides for emergency purchases as follows; When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources such required Goods or Services upon consultation with the Director or Treasurer. A follow-up report to Council is required for all Emergency Purchases over $25,000. "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level. The Policy also provides for the Sole Sourcing of purchases; “Sole Source” is defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. Page 285 of 371 FRS 21-07 Page 3 of 5 DISCUSSION System Upgrades The radio equipment on both the Reservoir and CSC Towers are beyond their serviceable life expectancy. The Reservoir Tower equipment is not repairable and will continue to malfunction and eventually stop functioning. The radio equipment on the CSC Tower is currently functioning below capacity and works as a backup in case of a Reservoir Tower malfunction. Five9 Solutions has recommended that this site be upgraded as well due to its age and being beyond its serviceable life expectancy. New radio equipment will provide the Town with reliable communications for the TFRS for many years (15 – 20 years) and will be compatible with digital communications platforms should the Town move in that direction in the future. Further, the new equipment will have simulcast capability (when activated) which provides enhanced coverage through both towers by monitoring/transmitting the radio communications at the same time. Simulcasting will provide a broader reaching and more effective communications system for fire services. This would also eliminate the current situation of both towers transmitting radio communications at the same time from the fire ground to Fire Comm. The cost to activate the simulcast feature is approximately $500 - $600 per month ($6,000 - $7,200 annually). This feature requires an additional network connectivity between the two sites. Staff suggests this be included in the 2022 Operating Budget. Staff recommends that the Town upgrade the radio equipment on both the Reservoir and CSC Towers to mitigate any potential for lapse in fire communications in the future. Purchasing Policy Emergency Purchase Staff has exercised their authority under the Town’s Purchasing Policy Emergency purchase clause by ordering the equipment for the Towers as proposed. The delivery time for the equipment is 4 – 6 weeks. Sole Sourcing Five9 Solutions is contracted by the Town to provide repairs and maintenance on the Fire Communications Centre radio equipment. Staff has exercised the sole sourcing clause under the Purchasing Policy and has ordered the above proposed radio equipment from Five9 Solutions. Further, the immediate need for this equipment would Page 286 of 371 FRS 21-07 Page 4 of 5 support sole sourcing as the RFP process would extend the time to purchase and install to approximately six months or more. FINANCIAL IMPACT/FUNDING SOURCE The cost to replace the radio equipment will be a capital expense that was not accounted for in the 2021 budget. Staff has acquired a quote from Five 9 Solutions to provide and install new radio equipment on both towers (Attachment). Reservoir Tower $20,191.25 + HST CSC Tower $17,541.50 + HST Total $37,732.75 + HST The current Fire Services Equipment Reserve has an uncommitted balance of $28,897. Purchasing the radio equipment from this reserve will deplete the reserve while still requiring additional funding. Staff is recommending the equipment be debentured as part of the Town’s 2021 debenture application through Infrastructure Ontario. Debt financing the capital asset aligns the useful life of the acquisition with the repayment period while retaining the reserve for future lower-dollar unbudgeted variances or capital requirements. The principal and interest obligation, payable commencing 2022, will be included in the subsequent operating budget. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship Page 287 of 371 FRS 21-07 Page 5 of 5 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Five9 Solutions Inc. – Quote SO000363 Appendix B – Five9 Solutions Inc. – Quote SO000364 Page 288 of 371 Sales Quote Sales Quote #: SO000363 353 Manitou Dr. Unit #59 Kitchener, ON N2C1L5 Phone: 1-855-459-2020 Tax ID: 754701936RT0001 Five9 Solutions Inc. Vanessa DevolinBill To: Tillsonburg 200 Broadway 2nd Floor Suite 204 Tillsonburg, ON, N4G 5A7 Ship To:Tillsonburg Fire & Rescue Services 80 Conession St E Tillsonburg, ON, N4G 4Z8 Five9 PersonnelRoger RubyNet 30.06/16/2021 SHIPPED VIASALESPERSONPAYMENT TERMSCUSTOMER ORDER #QUOTE DATE Items AmountUnit PriceUnit of MeasureQuantityDescriptionItem # $50.00$50.001On-Site FeeOn-Site Fee $1,200.00$1,200.001Project Labour RateProject Labour $10,050.00$10,050.00Each1Kairos 136-174Mhz RepeaterKA-160 $1,930.00$1,930.00Each1Crescend RF Power Amplifier with Power supply- 10-20W input40-100W Output -13.8V/23Amp powerP10-10DE1-C5-001 $890.00$890.00Each10 Amps 13.8 VOLTS SWITCHING RACK MOUNT POWER SUPPLY (Two supplies on one 19 in rack) AST-SRM-50M- 2 $11.00$5.50Each2SMA (M) STRAIGHT RG58 LMR-195 CRIMPRFI-RSA-3000- C $9.50$0.95Feet10Coax, 195 type .195 FOAM POLYETHYLENE BRAIDEDTMC-LMR-195 $8.95$8.95Each1Connector, N (M) STRAIGHT LMR-195 RG-58 CRIMPRFI-RFN-1005-3C $8.05$8.05Each1Connector, N (F) STRAIGHT RG58 LMR-195 CRIMPRFI-RFN-1027 $75.00$75.00Each1Hammond RAS Series Vented Universal Rack Shelf - 2U 15 depth RASV190315BK 1 $173.00$173.00Each1Power, Data, Audio Cables. Db 25 Conns. Ground line and lugsMisc Cable $1,325.00$1,325.00Each1Eaton, 9PX RT, 1000 120 V, 1000/900 VA/WATTS9PX1000RT $895.00$895.00Each1Eaton 9PX EBM, RT, 48V9PXEBM48RT $468.75$468.75Each1Eaton, Network Card, Gigabit, w/UL2900-1 Cyber Security CertificationNETWORK-M2 $410.00$410.00Each1IP-Based DMR Net ControlKA-NET-RC $2,240.00$2,240.00Each1Simulcast License Tier 2KA-SI-T2 $447.00$447.00Each1DMR Vocoder 2lines+ GPS ReceiverKA-VOC-2 Tax Summary $2,624.86HST Quotation for supply, configure, install, commission, and test replacement repeater and associated equipment at Reservoir Site. - Remove existing RKR1225 and PA. - Install replacement equipment. - Note that the new equipment will be tested and connected via test endpoint in the Five9 Office prior for full test & verification purposes with Avtec Console. Comments: $22,816.11Total Amount $2,624.86TAX $0.00OTHER CHARGES -$0.00DISCOUNT $20,191.25SUBTOTAL Page 1 of 3 Page 289 of 371 SO000363 Sales Quote #:Five9 Solutions Inc. Signature: ______________________________________________________________ Date: _________________________ Page 2 of 3 Page 290 of 371 SO000363 Sales Quote #:Five9 Solutions Inc. Terms and Conditions This proposal is valid for 30 days from date of submission, after which it is subject to change without notice. Specified Delivery commences upon acceptance of order by Five9 Solutions Inc. Page 3 of 3 Page 291 of 371 Sales Quote Sales Quote #: SO000364 353 Manitou Dr. Unit #59 Kitchener, ON N2C1L5 Phone: 1-855-459-2020 Tax ID: 754701936RT0001 Five9 Solutions Inc. Vanessa DevolinBill To: Tillsonburg 200 Broadway 2nd Floor Suite 204 Tillsonburg, ON, N4G 5A7 Ship To:Tillsonburg Fire & Rescue Services 80 Conession St E Tillsonburg, ON, N4G 4Z8 Five9 PersonnelRoger RubyNet 30.06/16/2021 SHIPPED VIASALESPERSONPAYMENT TERMSCUSTOMER ORDER #QUOTE DATE Items AmountUnit PriceUnit of MeasureQuantityDescriptionItem # $50.00$50.001On-Site FeeOn-Site Fee $1,200.00$1,200.001Project Labour RateProject Labour $10,050.00$10,050.00Each1Kairos 136-174Mhz RepeaterKA-160 $1,930.00$1,930.00Each1Crescend RF Power Amplifier with Power supply- 10-20W input40-100W Output -13.8V/23Amp powerP10-10DE1-C5-001 $449.00$449.00Each1Mikrotik RouterRB4011iGS+RM $890.00$890.00Each10 Amps 13.8 VOLTS SWITCHING RACK MOUNT POWER SUPPLY (Two supplies on one 19 in rack) AST-SRM-50M- 2 $11.00$5.50Each2SMA (M) STRAIGHT RG58 LMR-195 CRIMPRFI-RSA-3000- C $9.50$0.95Feet10Coax, 195 type .195 FOAM POLYETHYLENE BRAIDEDTMC-LMR-195 $8.95$8.95Each1Connector, N (M) STRAIGHT LMR-195 RG-58 CRIMPRFI-RFN-1005-3C $8.05$8.05Each1Connector, N (F) STRAIGHT RG58 LMR-195 CRIMPRFI-RFN-1027 $75.00$75.00Each1Hammond RAS Series Vented Universal Rack Shelf - 2U 15 depth RASV190315BK 1 $173.00$173.00Each1Power, Data, Audio Cables. Db 25 Conns. Ground line and lugsMisc Cable $2,240.00$2,240.00Each1Simulcast License Tier 2KA-SI-T2 $447.00$447.00Each1DMR Vocoder 2lines+ GPS ReceiverKA-VOC-2 Tax Summary $2,280.40HST Signature: ______________________________________________________________ Date: _________________________ Quotation for supply, configure, install, commission, and test replacement repeater and associated equipment at the CSC - Remove existing RKR1225 and PA. - Install replacement equipment. - Note that the new equipment will be tested and connected via test endpoint in the Five9 Office prior for full test & verification purposes with Avtec Console. Comments: $19,821.90Total Amount $2,280.40TAX $0.00OTHER CHARGES -$0.00DISCOUNT $17,541.50SUBTOTAL Page 1 of 2 Page 292 of 371 SO000364 Sales Quote #:Five9 Solutions Inc. Terms and Conditions This proposal is valid for 30 days from date of submission, after which it is subject to change without notice. Specified Delivery commences upon acceptance of order by Five9 Solutions Inc. Page 2 of 2 Page 293 of 371 Page 1 of 3 Subject: HVAC Replacement – Corporate Office Report Number: RCP 21-15 Department: Recreation, Culture and Parks Submitted by: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, June 28, 2021 RECOMMENDATION THAT report RCP 21-15 HVAC Replacement – Corporate Office be received as information; AND THAT Council direct staff to proceed immediately with the replacement of the HVAC unit which serves the Corporate Office; AND THAT the Annandale Boiler Replacement project as approved in the 2021 Capital Budget be deferred and re-budgeted for 2022 with the funding amount of $50,000 through taxation reallocated to the HVAC replacement and any residual dollars be contributed to the RCP reserve. BACKGROUND The main Heating Ventilation & Air Conditioning (HVAC) roof top unit that serves our Corporate Offices and Council Chambers is in immediate need of replacement. Facilities staff continue to respond to regular failures and breakdown. This unit is approximately 19 years old and at the complete end of its usable life. With the onset of warmer summer temperatures, the unit will be severely pressed to supply adequate temperature levels and fresh air supply across the offices and Council Chambers; the reliability continues to be in question. Standalone repairs are estimated to be in excess of $10,000. For this reason, staff are recommending that the unit be replaced as soon as possible. It is Page 294 of 371 RCP 21-15 Page 2 of 3 unfortunately impractical to postpone until 2022 due to the imminent repeated downtime and repair costs. DISCUSSION RCP Facilities staff have been in discussion with Strathallen, the Corporate office Landlord, as there are a number of terms and conditions that indicate that the Town is responsible for full and future replacement costs of the existing equipment. Staff continues to seek some form of mutual cost sharing as a means of softening the overall financial impact of this unplanned replacement however, in the near term, a solution is essential to maintain the effective use of the corporate office going forward. Should additional information come forward between the preparation of this report and the meeting date of June 28, 2021, it will be fully reported to Council upon receipt. CONSULTATION This report has been prepared in consultation with Facilities staff, Finance and the CAO. FINANCIAL IMPACT/FUNDING SOURCE The HVAC equipment was not identified in any upcoming replacement schedule(s) and funds have not been budgeted in 2021. Preliminary quotes for the replacement and installation are approximately $32,000 to $40,000. Staff are recommending that the Annandale Boiler Replacement project as approved in the 2021 Capital Budget be deferred and re-budgeted for 2022 and that the associated funding amount of $50,000 through taxation be reallocated to the HVAC replacement with any residual funds contributed to the RCP reserve. The existing boiler system has been analyzed and staff are confident that it can continue to function for another winter season. This recommended course of action will provide Council with an option to address the office HVAC system concerns with no adverse impact to 2021 financials. If staff are successful in reaching some form of cost sharing opportunity with Strathallen, the offset could be used to fund other capital needs in 2022 and beyond. Page 295 of 371 RCP 21-15 Page 3 of 3 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS None. Page 296 of 371 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee Meeting June 8, 2021 7:30 a.m. Electronic Meeting MINUTES Present: Councillor Deb Gilvesy, Andrew Burns, Cedric Tomico, Kirby Heckford, Jesse Goossens, Mayor Stephen Molnar, Suzanne Renken, Jeff VanRybroeck, Collette Takacs, Steve Spanjers, Lisa Gilvesy, Randy Thornton Staff: Kyle Pratt, CAO; Laura Pickersgill, Executive Assistant; Lisa Jibson, Executive Assistant; Cephas Panschow, Development Commissioner Regrets: Lindsay Morgan-Jacko 1. Call to Order The meeting was called to order at 7:34 a.m. 2. Introduction of Executive Assistant, Lisa Jibson Lisa Jibson was introduced to the Committee and she will be filling the Executive Assistant role during Laura’s maternity leave. 3. Adoption of Agenda Resolution #1 Moved by: Jeff VanRybroeck Seconded by: Suzanne Renken THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of June 8, 2021, be adopted. Carried 4. Adoption of Previous Minutes Resolution #2 Moved by: Councillor Deb Gilvesy Seconded by: Andrew Burns THAT the Minutes as prepared for the Economic Development Advisory Committee meeting of May 11, 2021, be adopted. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Presentations Page 297 of 371 7. General Business & Reports 6.1 Monthly Projects Update Cephas provided an overview of the monthly projects update. 6.2 VanNorman Innovation Park- Street Naming Cephas provided an overview of options for naming of the two streets in VanNorman Innovation Park. Opportunity was provided for members to provide feedback on naming options. Resolution #3 Moved by: Randy Thornton Seconded by: Councillor Deb Gilvesy THAT the Economic Development Advisory Committee recommends to Council that the names “Innovation Way” (currently named Clearview Drive South) and “Progress Drive” (Future Street A) be the established road names for the two roads being developed inside of Van Norman Innovation Park. Carried 6.3 Economic Development Strategy Update- Streamlining & Next Steps Cephas will complete this update and send to the group in the coming days. This will be placed as item one on the next agenda. 6.4 Gas Station on Oxford Street (bridge by Tillson Ave)- Councillor Gilvesy There was a discussion held regarding difficulties experienced for this property to be sold from the current owner. Staff to review this issue with the Town Building Department and bring back options at a future meeting on potential courses of action to mitigate this issue. There may be funding available through FCM for property clean up resources. 6.5 Circulation: Application for Official Plan Amendment & Zone Change- File # OP 21-04-7 & ZN 21-04 (circulated May 27 by email) Staff are finalizing how the circulation process for these types of applications will operate. Opportunity was provided for members to give feedback and comments on this specific application. The following comments were received: • Concerns about already very limited affordable housing options in the Town and how restricting ground floor retail, even if in the downtown, could exacerbate this. • Consider exemption for new development as, presumably, it would have gone through an approval process • Supportive that this application allows for upper floor residential living in the downtown core Page 298 of 371 • Restricting ground floor residential from being permitted on Broadway (extending the current zone south to London St) is of primary importance, but less concerned about side streets • While this may be an extra step or red tape for members of the public, important to remember that even if rezoned, specific developments could seek exemptions to the restriction through a rezoning. • Although there may be pressures to convert existing commercial/retail space to residential, it is important protect downtown retail space to allow for future commercial and retail growth. There has been significant new businesses that have opened during the pandemic that have replaced some that have shut down and overall the BIA believes there has been net growth over the past year. Randy Thornton and Jeff VanRybroeck left the meeting at 8:51 a.m. 6.5 Tillsonburg Hydro Inc. No new updates. 6.6 Town Hall Task Force Staff will be reviewing quotes for an updated space needs study consultant and bringing them to Committee to follow through next steps. 6.7 Physician Recruitment & Retention Committee No new updates. 6.8 Community Strategic Plan The drafted Community Strategic Plan is on schedule to go to Council for final adoption at the end of June. Mayor Molnar left the meeting at 9:04 a.m. 8. Community Organization Updates 7.1 Downtown Business Improvement Association 7.1.1 Monthly Report Cedric provided some additional background information on the tax adjustment issue the BIA is currently experiencing. 7.2 Tillsonburg District Chamber of Commerce The Chamber, along with many business owners, participated in a very interactive discussion yesterday with the Minister of Small Business and Red Tape Reduction that allowed for local and direct comments and concerns to be brought forward. The rapid antigen kits have been ordered and will be distributed once received. Page 299 of 371 The Awards of Excellence voting process will begin soon. 7.3 Tillsonburg District Real Estate Board 7.3.1 Listings & Statistics There were no comments regarding this item. 9. Round Table There have been four land sales in Van Norman Innovation Park. 10. Next Meeting July 13, 2021 7:30 a.m. 11. Adjournment Resolution #4 Moved by: Cedric Tomico Seconded by: Suzanne Renken THAT the June 8, 2021 Economic Development Advisory Committee meeting be adjourned at 9:19 a.m. Carried Page 300 of 371 The Corporation of the Town of Tillsonburg Culture, Heritage and Special Awards Committee Meeting June 9, 2021 Electronic Meeting MINUTES Present: Collette Takacs, Carrie Lewis, Rosemary Dean (joined at 4:28 p.m.), Councillor Penny Esseltine Absent with Regrets: Tabitha Verbuyst, Terry Fleming Staff: Laura Pickersgill, Executive Assistant; Patricia Phelps, Curator/Manager of Culture & Heritage; Lisa Jibson, Acting Executive Assistant 1. Call to Order The meeting was called to order at 4:08 p.m. 2. Re-Introduction of Executive Assistant – Lisa Jibson 3. Adoption of Agenda Resolution #1 Moved by: Penny Esseltine Seconded by: Carrie Lewis THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of June 9, 2021, be adopted. Carried 4. Minutes from the Previous Meeting Resolution #2 Moved by: Carrie Lewis Seconded by: Penny Esseltine THAT the Minutes as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of May 5, 2021, be adopted. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof Page 301 of 371 There were no disclosures of pecuniary interest declared. 6. Presentations 7. General Business & Reports 7.1 Tillsonburg 150 Subcommittee Nominations At the Council Meeting on June 14th, a report is going to council to seek Council’s approval for establishing the Tillsonburg 150 Subcommittee. If approved, staff will proceed with advertising the vacancies for the Committee. The report includes a recommendation to have three members of the existing Culture, Heritage and Special Awards Committee to form part of the membership on the Tillsonburg 150 Subcommittee. Resolution #3 THAT the Tillsonburg 150 Planning Subcommittee be composed of the following existing Culture, Heritage and Special Awards Committee Members: Collette Takacs, Carrie Lewis and Rosemary Dean Moved: Carrie Lewis Seconded: Penny Esseltine Carried 7.2 Citizen of the Year- 2021 Staff noted that the advertisement for nominations has gone out with a deadline of July 9th. The advertisement is available in the Community Update section of the newspaper, the Town website and the Town’s social media page. Hard copies will be available at Town facilities. 7.3 Municipal Register of Heritage Designated Properties It was noted that heritage designation for Rolph Street School is up for potential repeal at the June 14th Council meeting. It was suggested that a registry be established consisting of properties of historical significance in the Town. Properties included on this type of registry do not require a heritage designation by- law to be passed. It was suggested that properties included on this registry could still be affected by higher insurance rates but likely not as much effect as if the property holds a heritage designation on it. This will remain as a standing item on the agenda and ongoing project for the Committee. Resolution #4 Page 302 of 371 Moved by: Carrie Lewis Seconded by: Rosemary Dean THAT the Culture, Heritage and Special Awards Committee pursue a direction that adds Listed (or non-designated) Properties to the Town of Tillsonburg Municipal Register of Heritage Properties as a means to identify properties that have cultural heritage value or interest to the community in addition to those that are currently designated. Carried 7.4 Volunteer of the Month (Spring) – Jennifer Farkas Jennifer has been made aware she was chosen and will be attending the June 14th, council meeting virtually. Staff Action – promote the advertising for volunteer recognition program in newspaper, social media etc. Nominations for Volunteer of the Quarter – quarterly nominations are currently open. The public can go online and get the application. 8. Round Table Patty noted that the museum will not open until August 3 but there will be online activities held during June and July. The Museum has created “Canada Day in a Bag”. These bags will be available for parking lot pick up two days before Canada Day. 9. Adjournment Resolution #5 Moved by: Penny Esseltine Seconded by: Carrie Lewis THAT the June 9, 2021 Culture, Heritage and Special Awards Committee meeting be adjourned at 4:43 p.m. Carried 10. Next Meeting July 7, 2021 Page 303 of 371 The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE May 20, 2021 5:30 p.m. Electronic Meeting MINUTES ATTENDANCE Euclid Benoit, Dan Cameron, Valerie Durston, Deb Gilvesy, Mark Renaud, David Brandon, Jeff Miller, Emily Crombez Absent: Jeff Dean Staff: Dan Locke, Carlos Reyes MEMBERS ABSENT/REGRETS None 1. Call to Order The meeting was called to order at 5:33 p.m. Mark Renaud sat as the Chair for the meeting. 2. Adoption of Agenda Resolution #1 Moved By: Dan Cameron Seconded By: Emily Crombez THAT the Agenda as amended for the Tillsonburg Airport Advisory Committee meeting of May 20, 2021 be adopted, Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting Resolution #2 Moved By: Deb Gilvesy Seconded By: Valerie Durston THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of April 15, 2021, be approved. Carried 5. Delegations and Presentations - None Page 304 of 371 Tillsonburg Airport Advisory Committee Meeting Minutes, May 20, 2021 - 2 - 6. General Business & Reports 6.1. New Hangar Update - Dan L. gave an update that a new application is anticipated to come forward to Council on June 14th for Lot #6 on Taxiway G1. This is the last available and is just past the end of the Taxiway G1. Construction of Lot#1&2 on Taxiway G3 and Lot #5 on Taxiway G1 Staff will investigate new starting construction dates now that the Covid restrictions are starting to lessen. The builder may be in a better position to move forward. Emails have been sent to the owners asking for dates for the paving of the Hangar Apron for Lot #3 and 4 on Taxiway G1. Deb Gilvesy asked about Staff working with Applicants to build additional hangars. Dan conveyed that he does work with the applicants and that the last available lot has been taken and a waiting list has been created. 6.2. Safety Spreadsheet Follow-up – Dan L. One reported issue which was documented and the issue was addressed, FOD on the Taxiways. 6.3. End of Runway Trees - Dan mentioned that he will be setting up meeting with the property owners to start the discussions. 6.4. Master plan Brief update – Dan L. Final Draft to be circulated in June to the Committee for their comment. Master Plan presentation to go forward to Council anticipated to be in July. 6.5. Maintenance around Hangars – Dan L informed the group that a hangar was reported to be damaged by the grass cutting equipment. The Town equipment was checked and no equipment lines up with the damage. However, it is unlike to be from any other activity. Lease agreements are being checked but general they indicate 1m buffer around each hangar where the maintenance is the responsibility of the hangar owner. An email will be going out to the tenants that Staff will be staying away from the hangars and that each tenant will be required to maintain the 1 meter buffer area around their hangar. 6.6. Update on the Hydro – Dan conveyed that ERTH Corp. is working on getting this resolved with Hydro One. Dan also conveyed that at the end of this he would like to have something in writing from Hydro One to support what Hydro servicing is available and that it is very difficult when he is working with applicants to be able to give them a definitive answer on whether Hydro is available or not. 6.7. RATI Funding update – Dan conveyed that he checked in with the Federal ECDEV liaison this week and no decision has been made as of yet. They will be in touch when they have made their decisions. 6.8. Social Media – Mark spoke to the importance of increasing our image. Carlos commented that the Transit Coordinator role may be able to assist in increasing an online social media presence for the Airport. Page 305 of 371 Tillsonburg Airport Advisory Committee Meeting Minutes, May 20, 2021 - 3 - 6.9. ECDEV and TAAC Relationship - Mark spoke that he would like to see a stronger relationship with the ECDEV folks to assist in promoting the Airport and look for mutually beneficial opportunities. 7. Correspondence - None 8. Other Business – 8.1 Mayor Molnar shared by email that Minister Mulroney has appointed him to the Southwestern Ontario Master Transportation Plan Task Force (by Minister Mulroney), He will be the Co-chair of the Aviation (Air Travel) Committee along with Mayor Bradley of Sarnia. 8.2 Mark shared that he had spoken with Dan Locke about having the old Tillsonburg Airport sign out on Hwy #19 8.3 Mark shared that he and Dan had spoken about the Illuminated Sign on Hwy #19 and when the final repair will be completed. Dan indicated that he had sent a request to the sign contractor to get the work completed ASAP as the ground is now dry and should be fine for equipment to be on. 9. Next Meeting The next meeting of the Tillsonburg Airport Advisory Committee will be at 5:30 p.m. on June17th, 2021. 10. Adjournment Resolution #3 Moved By: Jeff Miller Seconded By: Emily Crombez THAT the Tillsonburg Airport Advisory Committee Meeting of May 20, 2021 be adjourned 6:45 p.m. Carried Page 306 of 371 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 May 5, 2021 Approved June 2, 2021 The Board of Directors Meeting was held via videoconference, on Wednesday, May 5, 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 Kristal Chopp Norfolk County 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: 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, May 5, 2021. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Delegations Page 307 of 371 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - a) Carlotta James Re: The Monarch Ultra Relay Run Carlotta James started the Monarch Ultra Relay Run in 2019 to raise awareness of the population decline of the monarch butterfly. The relay teams travelled 4,300km from Southern Ontario to Mexico, the same distance travelled by monarchs on their annual migration. The run is hosted biannually but has been impacted by the COVID-19 pandemic. This year’s run will take place in Southern Ontario for 84 runners. The 1,800km route will take runners through Port Dover, Normandale, Port Ryerse, Simcoe Waterford, Delhi with stops in Tillsonburg Brantford and Nanticoke. There is also a 10km run/walk/bike/hike open to 430 participants to reach the collective goal of 4,300km. Each participant is asked to raise funds for Camp Kawartha. https://raceroster.com/events/2021/46455/monarch-ultra-virtual-10k A-49/21 Moved by T. Masschaele Seconded by D. Beres That the LPRCA Board of Directors receives the Monarch Ultra Relay Run presentation by Carlotta James as information CARRIED b) Garrett Reid and Garth Potruff Re: User Fees Garrett Reid, owner/operator of Explore Green Adventures partners with Garth Potruff, owner of Grand River Rafting, to provide Turbo Tubing trips down Big Creek. The trips are launched from Rowan Mills Conservation Area owned by LPRCA. LPRCA approved new fees for operators conducting business on its properties for 2021: $350 flat seasonal fee plus $4 per person. Mr. Pottruff noted that usage of the Rowan Mills CA has increased and suggested LPRCA provide washroom and garbage facilities and charge user fees to the general public. He also requested the operator per person fee be reduced from $4 to $1 and assign trailer parking at Rowan Mills to Explore Green Adventures. If no infrastructure improvements are forthcoming, Mr. Pottruff requested the flat fee of $350 only with no per person cost. Staff will prepare a report for the Board within the next two weeks. A-50/21 Moved by T. Masschaele Seconded by V. Donnell That the delegation of Garrett Reid and Garth Pottruff regarding User Fees be received as information. CARRIED Page 308 of 371 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 - 5. Minutes of the Previous Meeting a) Board of Directors Meeting of April 7, 2021 There were no questions or comments. A-51/21 Moved by I. Rabbitts Seconded by P. Ypma That the minutes of the LPRCA Board of Directors Meeting held April 7, 2021 be adopted as circulated. CARRIED 6. Business Arising a) Free Park Pass Lending Program. Staff researched comparators and provided four potential options and costs to provide free passes to promote day-use at the campgrounds. As it was very close to the 2021 park opening, it was determined that a free park pass lending program would be deferred and considered for the 2022 budget. A-52/21 Moved by J. Scholten Seconded by D. Beres That the LPRCA Board of Directors receives the Free Park Pass Lending Program report as information; And THAT further discussion take place during 2022 budget deliberations. CARRIED 7. Review of Committee Minutes There were no committee meeting minutes for review. 8. Correspondence There was no correspondence for review. Page 309 of 371 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. Development Applications a) Staff Approved applications Staff approved 33 applications since the last meeting held April 7, 2021. Shoreline protection upgrades, and raising and floodproofing dwellings and cottages continue to be completed within the watershed. LPRCA-26/21, LPRCA-33/21, LPRCA-61/21, LPRCA-62/21, LPRCA-65/21, LPRCA- 71/21, LPRCA-72/21, LPRCA-73/21, LPRCA-74/21, LPRCA-75/21, LPRCA-76/21, LPRCA-77/21, LPRCA-78/21, LPRCA-79/21, LPRCA-80/21, LPRCA-81/21, LPRCA- 82/21, LPRCA-83/21, LPRCA-84/21, LPRCA-85/21, LPRCA-86/21, LPRCA-87/21, LPRCA-88/21, LPRCA-89/21, LPRCA-90/21, LPRCA-91/21, LPRCA-92/21, LPRCA- 93/21, LPRCA-95/21, LPRCA-96/21, LPRCA-97/21, LPRCA-100/21and LPRCA-102/21. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-53/21 Moved by P. Ypma Seconded by I. Rabbitts That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated April 26, 2021 as information. CARRIED b) New applications The Planning Department staff recommended seven applications for approval. Applications consisted of new dwellings, a dwelling replacement, and associated grading. A-54/21 Moved by I. Rabbitts Seconded by T. Masschaele 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-104/21 LPRCA-107/21 LPRCA-113/21 LPRCA-105/21 LPRCA-108/21 LPRCA-106/21 LPRCA-109/21 Page 310 of 371 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 - 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 10. New Business a) General Manager’s Report On April 9, 2021 , a controlled burn on a property neighbouring the Wilson Tract got out of control. The fire department worked with staff to put out hotspots over the next few days. Approximately 7.13 acres on the western boundary were affected. Management continues to monitor COVID-19 information from the local health units and federal and municipal governments. All staff continue to follow COVID protocols. A-55/21 Moved by P. Ypma Seconded by K. Chopp That the LPRCA Board of Directors receives the General Manager’s Report for April 2021 as information. CARRIED b) Conservation Ontario Annual General Meeting The board was apprised of key items addressed at the 2021 Conservation Ontario Annual General Meeting. One of those items was Conservation Ontario’s (CO) formation of a Steering Committee to address governance accountability and transparency. The Steering Committee developed the Governance Accountability and Transparency Initiative and has asked each conservation authority to commit to updating Administrative By-Laws to fulfill legislative amendments to the Conservation Authorities Act, proactively report on priorities that were proclaimed on February 2, 2021, and promote/demonstrate results. A-56/21 Moved by V. Donnell Seconded by I. Rabbitts WHEREAS the provincial government has passed legislative amendments related to the governance of Conservation Authorities; Page 311 of 371 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 - AND WHEREAS the Conservation Authorities remain committed to fulfilling accountable and transparent governance; THEREFORE, BE IT RESOLVED THAT the Long Point Region Conservation Authority endorse the three key actions developed by the Conservation Ontario Steering Committee to update CA Administrative By-laws, to report proactively on priorities, and to promote/demonstrate results; AND THAT staff be directed to work with Conservation Ontario to implement these actions and to identify additional improvements and best management practices. . CARRIED c) 1st Quarter 2021 Budget Performance Report The Manager of Corporate Services reviewed the overall financial picture to March 31, 2021. Revenues to date represent 26.3% of the annual budget and expenditures 16.8%. The campgrounds were opened to seasonal campers as of May 1, 2021 as allowed under the provincial governments Rules for Areas in Stage 1. Providing the shutdown is not extended, LPRCA will open for day-use May 22 and for nightly camping on June 3. The number of seasonal sites registered to date is 372, up 14% from last year. Forestry revenues have exceeded the 2021 budget due to the high demand for lumber created by the pandemic. A-57/21 Moved by T. Masschaele Seconded by K. Chopp THAT the LPRCA Board of Directors receives the Q1 Financial Report – March 31, 2021 for the period up to and including March 31st, 2021 as information. CARRIED d) Administrative By-Law Amendments to the Conservation Authorities Act through Bill 229 require amendments to the LPRCA Administrative By-Law. The changes pertain to Powers of Authorities, Governance, and Meeting Procedures. Specifically, staff are now required to gain permission to access sites; the power to expropriate land has been removed; the Chair and Vice-Chair positions are limited to 2- year terms and must rotate among participating municipalities (may request exception); audited financial statements must be made public within 60 days; draft minutes must be made public within 30 days following a meeting; and, at least 70% of municipal appointees must be municipal councillors. Page 312 of 371 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 - A-58/21 Moved by I. Rabbitts Seconded by R. Chambers THAT the LPRCA Board of Directors repeals the LPRCA Administrative By-Law (Resolution A-94/20) adopted October 7, 2020; And, That the LPRCA Board of Directors adopts the LPRCA Administrative By-Law as presented. CARRIED e) Provincial Offences Officer Designations Two staff members recently completed a virtual Level 1 Provincial Offences Officer training session. Upon board approval there will be three qualified Provincial Offences Officers providing enforcement throughout the parks. A-59/21 Moved by J. Scholten Seconded by B. Donnell THAT the LPRCA Board of Directors designates Rebecca Dancey and Mandy Kromplak as Provincial Offences Officers in accordance with the Provincial Offences Act for the purpose of enforcing the Trespass to Property Act and the Conservation Authorities Act. CARRIED f) Forest Management Prescriptions / Operating Plans Using information provided in the ecological surveys, staff prepare prescriptions / operating plans for the forest tracts that will receive some form of silvicultural treatment. Upon approval, staff will mark the property then tender out a contract. Prescriptions / operating plans for the Nemeth Tract and the Gage Tract were presented for approval. A-60/21 Moved by T. Masschaele Seconded by D. Beres THAT the LPRCA Board of Directors approves two prescriptions/operating plans: 1) the Nemeth Tract (hardwoods only) on the 10th Concession of North Walsingham Township; 2) the Gage Tract located on Windham Road #7 of Windham Township. Page 313 of 371 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 8 - CARRIED g) Timber Tender LP-338-21 The Parrott Tract is located in MIddleton Township, Norfolk County. Two bids were received by the deadline and staff recommended the tender be awarded to the highest bidder. A-61/21 Moved by V. Donnell Seconded by K. Chopp THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey. for marked standing timber at the Parrott Tract – LP-338-21 for a total tendered price of $130,750. CARRIED 14. Adjournment The Chair adjourned the meeting at 7:15 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 314 of 371 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 May 19, 2021 Approved June 2, 2021 The Board of Directors Meeting was held via videoconference, on Wednesday, May 19, 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 Robert Chambers County of Brant Kristal Chopp Norfolk County Valerie Donnell Municipality of Bayham/Township of Malahide Ken Hewitt Haldimand County Tom Masschaele Norfolk County Stewart Patterson Haldimand County Regrets: Dave Beres Town of Tillsonburg Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Zachary Cox, Marketing Coordinator Dana McLachlan, Administrative Assistant 1. Welcome and Call to Order The chair called the meeting to order at 11:30 a.m., Wednesday, May 19, 2021. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Closed Session Page 315 of 371 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - A-62/21 Moved by J. Scholten Seconded by K. Chopp  Personal matters about an identifiable individual, including employees of the Authority  Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority;  A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Authority, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; CARRIED A-63/21 Moved by T. Masschaele Seconded by S. Patterson That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED A-64/21 Moved by V. Donnell Seconded by K. Chopp That the LPRCA Board of Directors receives the UserFees – Grand River Rafting Company report as information; And, THAT the LPRCA Board of Directors instruct staff to proceed under the current fee structure as approved January 13, 2021. CARRIED 14. Adjournment The Chair adjourned the meeting at 12:35 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 316 of 371 Page 317 of 371 Page 318 of 371 Page 319 of 371 Page 320 of 371 Page 321 of 371 Page 322 of 371 Page 323 of 371 Page 324 of 371 Page 325 of 371 Page 326 of 371 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to authorize an agreement of purchase and sale with Sandra Pake. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as the North part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the authorization is hereby given for the sale of those lands described as the North part of the Alleyway between Francis Steet and Coyle Lane 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 28th day of JUNE, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of JUNE, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 327 of 371 AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- SANDRA PAKE (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 $1.00. North portion of Property bordering Coyle Lane and Lot 263 -12.007 feet wide by 44.685 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) (b) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July, 2021 ("Acceptance"), and when accepted shall constitute .a binding contract of purchase and sale, otherwise the APS shall be null and void and all deposit monies paid shall be returned to the Purchaser without deduction. Acceptance shall mean the date upon which the Mayor and Clerk of the Town of Tillsonburg, or such other persons as the Vendor may authorize from time to timei sign and execute this APS subsequent to the requirement that the Council of The Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing and approving the sale of the Property to the Purchaser pursuant to the terms of this APS. (c) The parties agree and acknowledge that negotiation of this APS is not a valid and bind.)? agreement until accepted by the Council of The Corporation of the Town of Buyer's lnitia~ Seller's Initials __ _ Page 328 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July sth, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from·the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and_f;Vcierstands that upon Acceptance by the Vendor, and subject to any conditions Buyer's Initial~ Seller's Initials __ _ Page 329 of 371 - --------------------------- herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall suNive 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 elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after Giesing. 16. Property Not for Resale {a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Dee~ Buyer's Initials Seller's Initials __ _ Page 330 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries ~e Vendor To The Purchaser on Closing Buyer's Initials# Seller's Initials __ _ Page 331 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyers lnitia~ Sellers Initials __ _ Page 332 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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. Sche~~les},f' Buyer's lnitia~ Seller's Initials __ _ Page 333 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyers Initial~ Seller's Initials __ _ Page 334 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at~// Son buI5, Ontario this ; 3Aday of h,PLL_ '2021. ** Per:6b €:::=-;__A_ Title: Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's lnlti~ 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 335 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's lnitia~ Seller's Initials __ _ Page 336 of 371 Buyer's Initial~ Seller's Initials __ _ Page 337 of 371 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to authorize an agreement of purchase and sale with Christopher Meloche. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as the middle North part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the authorization is hereby given for the sale of those lands described as the middle North part of the Alleyway between Francis Steet and Coyle Lane 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 28th day of JUNE, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of JUNE, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 338 of 371 Pa e AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- CHRISTOPHER MELOCHE (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 $1.00. Portion abutting East side of Lot 262 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July , 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyer's Initials tJ/l'1 Seller's Initials __ _ Page 339 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July 5th, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th , 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. 1 O. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS an~_J,J_!lderstands that upon Acceptance by the Vendor, and subject to any conditions Buyer's Initials~ · Seller's Initials __ _ Page 340 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after elosing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. 19. Deed/Transfer Buyer's Initials (!/41 SECTION V -COMPLETING THE TRANSACTION Seller's Initials __ _ Page 341 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries .lfyJJie Vendor To The Purchaser on Closing Buyer's Initials~ Seller's Initials __ _ Page 342 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initials fJf1 Seller's Initials __ _ Page 343 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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. SchedulesdM.,., Buyer's lnitials_{,Jr_'_f Seller's Initials __ _ Page 344 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials ~ Seller's Initials __ _ Page 345 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Jt'//fo1JR{j , Ontario this /L/1/... day of J,,, e '2021. ** Per:~~ Name: Rhristog.her Meloche Title: f/ur c A Cl ) er Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials ~ 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 346 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's Initials t/f'1 Seller's Initials __ _ Page 347 of 371 Buyer's Initials~ Seller's Initials __ _ Page 348 of 371 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to authorize an agreement of purchase and sale with John Fish. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as the Centre middle South part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the authorization is hereby given for the sale of those lands described as the Centre middle South part of the Alleyway between Francis Steet and Coyle Lane 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 28th day of JUNE, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of JUNE, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 349 of 371 AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- JOHN FISH (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 $1.00. Portion abutting East side of Lot 261 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed· through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 4th day of July, 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyers lnitials-4 Sellers Initials __ _ Page 350 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July 5th, 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and unj)}rstands that upon Acceptance by the Veodor, and subject to any conditions Buyer's Initials~ Seller's Initials Page 351 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillsonburg's current fees by-law. 15. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run 1uith 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 elosing, the Purehaser eovenants and agrees to eonsent to the registration of the eovenants and restrietions after elosing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its agents and contractors shall be permitted to inspect the Property and any buildings as frequently as is reasonably necessary between the date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. 18. Insurance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interest may appear and in the event of damage to the Property. The Purchaser may elect to either receive the proceeds of the insurance and complete the purchase or to cancel the APS and have all the deposit monies paid to the Vendor returned together with all interest earned thereon without deduction. SECTION V -COMPLETING THE TRANSACTION 19. Deed/Transfer Buyer's lnitia~ Seller's Initials __ _ Page 352 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries by the Vendor To The Purchaser on Closing Buyer's Initial~ Seller's Initials __ _ Page 353 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initial~ Seller's Initials __ _ Page 354 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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 L Buyer's lnitialsp Seller's Initials __ _ Page 355 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initial~ 0 Seller's Initials --- Page 356 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated atJr//Je.11/t1a C=~/11, Ontario this f} ·' day of .1 '{?B. , 2021. ** Per:~ Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials# 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 357 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: Buyer's Initial# Seller's Initials __ _ Page 358 of 371 Buyer's lnitia~ Seller's Initials __ _ Page 359 of 371 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to authorize an agreement of purchase and sale with Tracy Dinsmore. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as the South part of the Alleyway between Francis Steet and Coyle Lane and to be described by a new reference plan. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the authorization is hereby given for the sale of those lands described as the South part of the Alleyway between Francis Steet and Coyle Lane 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 28th day of JUNE, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of JUNE, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 360 of 371 Pa e AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- TRACY DINSMORE (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 $1.00. South portion West of Lot 259 -12.007 feet wide by approximately 40 feet long. 3. The Purchase Price shall be paid as follows: (a) Five Hundred Dollars ($500.00) deposit is payable by the Purchaser by certified cheque or Bank Draft upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION 11 -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 4th day of July, 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 and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Buyer's Initials -rQ. Seller's Initials __ _ Page 361 of 371 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 on July 28th, 2021, or such other date as mutually agreed upon (the "Completion Date") at which time possession of the Property in "as is, where is" condition shall be given to the Purchaser other than as provided in this APS. The Vendor acknowledges that it has the right and authority to sell the Property. 8. Documents, Reports and Information (a) The Vendor will produce and deliver to the Purchaser by July Gt\ 2021 any documents, reports or information in its possession in respect to the Property. The Purchaser agrees to return all of the above documentation to the Vendor if this transaction is not completed. SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES 9. "As Is" Condition (a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition and that it must satisfy itself by July 5th, 2021 regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the Property. The Purchaser acknowledges that the Vendor shall not be responsible for any physical deficiencies of the Property or for any past, present or future environmental liabilities and hereby waives any claims against the Vendor in respect of any environmental liabilities on the Property. The Purchaser agrees to sign a release and indemnity in favour of the Vendor on or before closing with respect to matters set out in the preceding sentence. If the Purchaser is for any reason whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to the Vendor by no later than the time specified herein, and this Agreement shall be terminated and the deposit shall be returned to the Purchaser without interest or deduction. If the Vendor is notified that the condition of the Property is not satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and prior to being entitled to a full release from the Vendor with respect to this Agreement, restore the Property to its original condition as it existed prior to such testing or inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails to deliver written notice to the Vendor within the time specified herein regarding this condition, this condition shall be deemed to have been waived by the Purchaser. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions set out in Schedules "A" and "B". 11. Investigation by the Purchaser (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 Buyer's Initials .,......D Seller's Initials __ _ Page 362 of 371 herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 13. Provision of Plans (a) The Purchaser agrees and covenants that prior to the issuance of a building permit, the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of the building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 14. Reasonable Assistance (a) The Vendor agrees to provide reasonable assistance and co-operation to the Purchaser in obtaining the necessary approvals for the development of the Property subject to the Purchaser's compliance with all relevant building codes, by-laws, land use controls, any other statutory requirements and payment of the fees provided for in the Town of Tillson burg'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 \Nith the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resale (a) The Purchaser covenants that it is purchasing the Property for the purpose of consolidating the parcel with the Purchaser's adjoining property and not for the purpose of resale of vacant land. SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) 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 Buyer's Initials -rD · Seller's Initials __ _ Page 363 of 371 (a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the registration of it. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21. Survey or Reference Plan (a) The parties acknowledge that a survey, at the Purchaser's expense, is required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws, rules and. regulations with respect to the Property and any buildings located thereon. 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until July 14th, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date, a discharge of all liens, encumbrances, agreements and mortgages now registered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date. (b) Any rents, mortgage, interest, taxes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. 26. Deliveries by the Vendor To The Purchaser on Closing Buyer's Initials :[i-:> Seller's Initials __ _ Page 364 of 371 (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date, all such deliveries to be a condition of the Purchaser's obligation to close this transaction, the following: (i) a deed/transfer of the Property; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and (5) a notarial true copy of its HST registration confirmation. SECTION VI -MISCELLANEOUS 28. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. Buyer's Initials ID· Seller's Initials __ _ Page 365 of 371 29. Tender (a) Any tender of documents or moneys hereunder may be made upon the solicitor acting for the party upon whom tender is desired, and it shall be sufficient that a negotiable, certified cheque or bank draft may be tendered instead of cash. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven Ross 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillsonburg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G SA? Fax: 519-842-9431 Solicitors for the Purchaser: Mandryk, Morgan & Vervaeke Associates at Law ATTENTION: James R. Morgan 40 Brock Street West Tillsonburg, ON N4G 2A2 Fax: 519-842-7659 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 Buyer's Initials 'TD-Seller's Initials __ _ Page 366 of 371 (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. Buyer's Initials lD · Seller's Initials __ _ Page 367 of 371 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Tilsonbu:J , Ontario this 1·~ day of 'juAe... '2021. Name: Title: I/We have authority to bind the Corporation. The Vendor hereby accepts this Agreement according to its terms. Dated at Tillsonburg, Ontario this ___ day of ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: Buyer's Initials ID · 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 368 of 371 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of a portion of described as Alley, Plan 500, North of Frances Street Abutting Lot 260 To 263, and to be described by a new reference plan: • ... ~ Buyer's Initials I 0 · Seller's Initials __ _ Page 369 of 371 Buyer's Initials fD · Seller's Initials __ _ Page 370 of 371 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-068 A BY-LAW to confirm the proceedings of Council at its meeting held on June 28, 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 June 28, 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 28th DAY OF JUNE, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF JUNE, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 371 of 371