210712 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, July 12, 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 personal matters about identifiable
individuals, including municipal or local board employees.
2.1.Adoption of Agenda
2.2.Disclosures of Pecuniary Interest and the General Nature Thereof
2.3.Adoption of Closed Session Council Minutes
2.4.Reports
2.4.1.239 (2) (b) personal matters about identifiable individuals, including
municipal or local board employees;
2.5.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 July 12, 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 28, 2021, and the minutes of the
Special Council meeting held on June 29, 2021, be approved.
7.Presentations
8.Public Meetings
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT Council move into the Committee of Adjustment to hear applications for Minor
Variance at ___ p.m.
8.1.Application for Minor Variance A14-21 (Ritchie)
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approve Application File A14-21, submitted by
Mark Ritchie, for lands described as Lot 12, Plan 551, Town of Tillsonburg, as it
relates to:
1. Relief of Section 5.1 – Table 5.1.1.4 – Lot Coverage, maximum for all accessory
buildings and structures, to increase the maximum permitted ground floor area from
50 m2 (538.2 ft2) to 80 m2 (753.47 ft2) to permit the construction of a detached
accessory building.
Subject to the applicant obtaining a building permit for the proposed accessory
building within one year of the date of the Committee’s Decision.
8.2.Application for Minor Variance A15-21 (Wall)
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approve Application File A15-21, submitted by
Page 2 of 122
Simon Wagler, for lands described as Lot 32, Plan 41M-369, Town of Tillsonburg, as
it relates to:
1. Relief of Section 7.2, R2 Zone Provisions – Front Yard, Minimum Depth, to
decrease the minimum required front yard depth from 6.0 m (19.7 ft) to 5.0 m (16.4
ft), to facilitate the construction of a single detached dwelling.
Subject to the following conditions:
a) The applicant shall obtain a building permit for the proposed single detached
dwelling within one year of the date of the Committee’s Decision;
b) That the proposed relief only apply to the construction of a single detached
dwelling in a location and manner consistent with Plate 3 of Report CP-2021-231.
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council move out of the Committee of Adjustment and move back into regular
Council session at ___ p.m.
9.Planning Reports
10.Delegations
10.1.Harnek Grewal Re: Waste material by-laws
Proposed Resolution #8
Moved By: ________________
Seconded By: ________________
THAT the delegation by Harnek Grewal regarding waste material by-laws be
received as information.
11.Deputation(s) on Committee Reports
12.COVID-19
13.Information Items
13.1.Ministry of Transportation Re: Community Transportation (CT) Grant Program
Extension
13.2.Ministry of Municipal Affairs and Housing Re: Municipal Modernization Phase 2
Funding
13.3.Solicitor General Re: Responding to Animals Left in Motor Vehicles
Page 3 of 122
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
THAT Council receives the correspondence from the Ministry of Transportation
dated June 28, 2021, and the correspondence from the Ministry of Municipal Affairs
and Housing dated June 30, 2021, and the correspondence from the Solicitor
General dated July 8, 2021, as information.
14.Staff Reports
14.1.Chief Administrative Officer
14.2.Corporate Services
14.3.Economic Development
14.3.1.EDM 21-21 Offer to Purchase - Ravine Lands West of Borden Crescent
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT Council receives report EDM 21-21 Offer to Purchase – Ravine
Lands West of Borden Crescent;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk
to enter into an agreement of purchase and sale with Tillsonburg
Developments Inc in Trust for 2407774 Ontario Limited for the property
described Parts 1, 2, 3 and 4, Plan 41R-8799.
14.4.Finance
14.4.1.FIN 21-21 BIA Levy Assessment By-Law
Proposed Resolution #11
Moved By: ________________
Seconded By: ________________
THAT a By-law to amend the BIA By-Law 2013 to establish a maximum
and minimum levy for 164, 170, 200 and 248 Broadway be brought forward
for Council consideration.
14.4.2.FIN 21-22 Revised 2021 Final Tax By-Law Schedule A
Proposed Resolution #12
Moved By: ________________
Page 4 of 122
Seconded By: ________________
THAT a By-law to amend the Tax Rate By-Law 2021-062 to replace
Schedule “A” be brought forward for Council consideration.
14.4.3.FIN 21-23 2022 Budget Process
Proposed Resolution #13
Moved By: ________________
Seconded By: ________________
THAT Council receives report FIN 21-23 2022 Budget Process;
AND THAT the following dates are scheduled for Council Budget Meetings:
Monday, November 29, 2021 4:00 p.m. to 9:00 p.m.
Monday, December 6, 2021 9:00 a.m. to 3:00 p.m.
Thursday, December 16, 2021 4:00 p.m. to 9:00 p.m.
Monday, January 17, 2022 6:00 p.m. to 9:00 p.m.
14.5.Fire and Emergency Services
14.6.Operations and Development
14.6.1.OPD 21-27 Sign By-Law Amendment - COVID-19
Proposed Resolution #14
Moved By: ________________
Seconded By: ________________
THAT Council receives report OPD 21-27 Sign By-Law Amendment –
COVID-19 as information;
AND THAT a By-Law to amend By-Law 3798, being a by-law to prohibit or
regulate signs and other advertising devices and the posting of notices
within the Town of Tillsonburg, be brought forward for Council’s
consideration;
AND THAT a By-Law to amend By-Law 2021-004, being a Schedule of
Fees for certain Municipal applications, services and permits in the Town of
Tillsonburg, be brought forward for Council’s consideration.
14.7.Recreation, Culture and Parks
15.New Business
16.Consideration of Committee Minutes
Page 5 of 122
16.1.Committee Minutes
Proposed Resolution #15
Moved By: ________________
Seconded By: ________________
THAT the Accessibility Advisory Committee minutes dated June 8, 2021, be
received as information.
17.Motions/Notice of Motions
Proposed Resolution #
Moved By: Councillor Esseltine
Seconded By: ________________
THAT Staff be directed to prepare a report regarding the development of a Traditional
Territory Acknowledgment Statement for the Town of Tillsonburg. Said draft Traditional
Territory Acknowledgement Statement to be included in the report. This acknowledgement
would appropriately be incorporated at the beginning of Town of Tillsonburg Council
meetings, gatherings, events or presentations, and be printed on the town’s website.
The goal of this Statement would be to encourage the acknowledgement of the First Peoples
on whose traditional territories we live and work and show recognition and respect for
indigenous people.
18.Resolutions/Resolutions Resulting from Closed Session
19.By-Laws
19.1.A By-Law to authorize an agreement of purchase and sale with Tillsonburg
Developments Inc in Trust for 2407774 Ontario Limited
19.2.A By-law to amend By-Law 2013 (BIA)
19.3.A By-law to amend By-Law 2021-062 (Tax Rates)
19.4.A By-Law to amend By-Law 3798 (Sign By-Law)
19.5.A By-Law to amend By-Law 2021-004 (Rates and Fees)
Proposed Resolution #16
Moved By: ________________
Seconded By: ________________
THAT A By-Law to authorize an agreement of purchase and sale with Tillsonburg
Developments Inc in Trust for 2407774 Ontario Limited; and
A By-law to amend By-Law 2013 (BIA); and
Page 6 of 122
A By-law to amend By-Law 2021-062 (Tax Rates); and
A By-Law to amend By-Law 3798 (Sign By-Law); and
A By-Law to amend By-Law 2021-004 (Rates and Fees), 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 #17
Moved By: ________________
Seconded By: ________________
THAT By-Law 2021-071, to Confirm the Proceedings of the Council meeting held on July 12,
2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be
and are hereby authorized to sign the same, and place the corporate seal
thereunto.
21.Items of Public Interest
22.Adjournment
Proposed Resolution #18
Moved By: ________________
Seconded By: ________________
THAT the Council meeting of July 12, 2021 be adjourned at ____ p.m.
Page 7 of 122
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The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, June 28, 2021
5:00 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Director of Corporate Services/Clerk
Sheena Pawliwec, Director of Finance/Treasurer
Paul Groeneveld, Acting Fire Chief
Carlos Reyes, Director of Operations and Development
Cephas Panschow, Development Commissioner
David Drobitch, Manager of Parks and Facilities
Amelia Jaggard, Deputy Clerk
Regrets: Chris Baird, Director of Recreation, Culture and Parks
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 5:00 p.m.
2. Closed Session (5:00 p.m.)
Page 8 of 122
2
Resolution # 2021-299
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
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.
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) (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.)
Resolution # 2021-300
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Agenda as prepared for the Council meeting of June 28, 2021, be approved.
Carried
4. Moment of Silence
Mayor Molnar recited a Traditional Territory Acknowledgment Statement.
Council held a moment of silence for the children found buried at sites of former
Indian Residential Schools.
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
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3
6. Adoption of Council Minutes of Previous Meeting
Resolution # 2021-301
Moved By: Councillor Parker
Seconded By: Councillor Luciani
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.
Carried
7. Presentations
7.1 2020 Draft Financial Statements
Dianne Latta, Millard, Rouse and Rosebrugh LLP, appeared before
Council to present the 2020 draft financial statements.
Opportunity was provided for comments and questions from Council.
Resolution # 2021-302
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council approves the 2020 Financial Statements as presented;
AND THAT the 2020 Management Letter be received.
Carried
7.2 Community Strategic Plan
Erin O’Hoski, Boulevard Strategy Group, was present to present the
Community Strategic Plan.
Opportunity was provided for comments and questions from Council.
There was discussion regarding how to include the community in
performance measurement.
Council reviewed feedback submitted by Council members as attached to
the agenda and made amendments to the plan.
Ms. O'Hoski confirmed that once the summary document is approved the
formatting will be updated to make the document more engaging for
circulation in mid-July.
Page 10 of 122
4
Resolution # 2021-303
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT the Community Strategic Plan be approved with the additional suggestions
adopted by Council and incorporated into it.
Carried
8. Public Meetings
9. Planning Reports
10. Delegations
11. Deputation(s) on Committee Reports
11.1 EDM 21-20 Economic Development Advisory Committee
Recommendation Regarding Industrial Street Naming
Jesse Goossens, Chair, Economic Development Advisory Committee,
appeared before Council.
Opportunity was provided for comments and questions from Council.
Resolution # 2021-304
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
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.
Carried
12. COVID-19
Mayor Molnar provided a local update and shared informational resources.
13. Information Items
13.1 Knights of Columbus Re: Thank You
Page 11 of 122
5
Resolution # 2021-305
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives the correspondences from the Knights of Columbus
dated June 11, 2021, as information.
Carried
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
Resolution # 2021-306
Moved By: Councillor Parker
Seconded By: Councillor Luciani
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
Page 12 of 122
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between Francis Steet and Coyle Lane and to be described by a new
reference plan.
Carried
14.4 Finance
14.4.1 FIN 21-16 Assessment Appeal Impact; 248 Broadway
There was discussion regarding how the funds are intended to be
recovered in the 2022 budget by reducing the façade contribution.
Resolution # 2021-307
Moved By: Councillor Esseltine
Seconded By: Deputy Mayor Beres
THAT Council receives report FIN 21-16 Assessment Appeal Impact; 248
Broadway as information;
AND THAT option C part two be selected to assist the BIA with managing
the financial impact resulting from the assessment appeal.
Carried
14.4.2 FIN 21-17 2020 Financial Statement Reconciliation
Resolution # 2021-308
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parker
THAT Council receives report FIN 21-17 2020 Financial Statement
Reconciliation as information.
Carried
14.4.3 FIN 21-18 2020 Surplus Allocation
Resolution # 2021-309
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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.
Page 13 of 122
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Carried
14.4.4 FIN 21-19 2020 Summary of Reserves and Trusts
Resolution # 2021-310
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives report FIN 21-19 2020 Summary of Reserves and
Trusts as information.
Carried
14.4.5 FIN 21-20 Covid-19 Tax Deferral Report
Resolution # 2021-311
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives FIN 21-20 Covid-19 Tax Deferral Report as
information.
Carried
14.5 Fire and Emergency Services
14.5.1 FRS 21-07 Fire Services Radio Communications - Tower Site
Equipment
Resolution # 2021-312
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
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.
Carried
14.6 Operations and Development
14.7 Recreation, Culture and Parks
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14.7.1 RCP 21-15 HVAC Replacement - Corporate Office
Resolution # 2021-313
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
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.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Committee Minutes
Resolution # 2021-314
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
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.
Carried
16.2 Long Point Region Conservation Authority Minutes
Resolution # 2021-315
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT Council receives the Long Point Region Conservation Authority Minutes
dated May 5, 2021 and May 19, 2021, as information.
Carried
16.3 Police Services Board Minutes
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Resolution # 2021-316
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
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.
Carried
17. Motions/Notice of Motions
Councillor Esseltine requested that the following notice of motion be included on
the July 12, 2021 Council agenda.
Resolution #
Moved By: Councillor Esseltine
THAT Staff be directed to prepare a report regarding the development of a Traditional
Territory Acknowledgment Statement for the Town of Tillsonburg. Said draft Traditional
Territory Acknowledgement Statement to be included in the report. This
acknowledgement would appropriately be incorporated at the beginning of Town of
Tillsonburg Council meetings, gatherings, events or presentations, and be printed on the
town’s website.
The goal of this Statement would be to encourage the acknowledgement of the First
Peoples on whose traditional territories we live and work and show recognition and
respect for indigenous people.
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 2021-070, to authorize an agreement of purchase and sale
with Sandra Pake
19.2 By-Law 2021-072, to authorize an agreement of purchase and sale
with Christopher Meloche
19.3 By-Law 2021-073, to authorize an agreement of purchase and sale
with John Fish
19.4 By-Law 2021-074, to authorize an agreement of purchase and sale
with Tracy Dinsmore
Resolution # 2021-317
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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THAT By-Law 2021-070, to authorize an agreement of purchase and sale with
Sandra Pake; and
By-Law 2021-072, to authorize an agreement of purchase and sale with
Christopher Meloche; and
By-Law 2021-073, to authorize an agreement of purchase and sale with John
Fish; and
By-Law 2021-074, 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.
Carried
20. Confirm Proceedings By-law
Resolution # 2021-318
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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.
Carried
21. Items of Public Interest
Staff noted that the Lake Lisgar Waterpark slide construction will be completed
tomorrow and that an approved permit is expected in one to two weeks.
Upcoming Council meetings include:
Monday, July 12, 2021 at 6:00 p.m. regular meeting
22. Adjournment
Resolution # 2021-319
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Council meeting of June 28, 2021 be adjourned at 8:05 p.m.
Carried
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The Corporation of the Town of Tillsonburg
Special Council Meeting
MINUTES
Tuesday, June 29, 2021
12:00 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Director of Corporate Services/Clerk
Amelia Jaggard, Deputy Clerk
Ian McKenzie, General Manager, Hydro Operations
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 12:00 p.m.
2. Closed Session
3. Adoption of Agenda
Resolution # 2021-320
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Agenda as prepared for the Special Council meeting of June 29, 2021,
be approved.
Page 18 of 122
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Carried
4. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
5. Adoption of Council Minutes of Previous Meeting
6. Tillsonburg Hydro Inc. Annual General Meeting
Resolution # 2021-321
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council move into the Annual General Meeting of the Shareholder of
Tillsonburg Hydro Inc. at 12:03 p.m.
Carried
7. Motions/Notice of Motions
8. Confirm Proceedings By-law
Resolution # 2021-322
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT By-Law 2021-069, to Confirm the Proceedings of the Special Council
meeting held on June 29, 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
9. Adjournment
Council recognized and thanked Ian McKenzie, General Manager of Hydro
Operations, for his contributions to the Town of Tillsonburg and wish him best in
his future endeavors.
Resolution # 2021-323
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Special Council meeting of June 29, 2021 be adjourned at 12:29 p.m.
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Carried
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Community Planning
P. O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-421-4712
Web site: www.oxfordcounty.ca
Our File: A14-21
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: July 12, 2021
REPORT NUMBER: 2021-232
OWNER: Mark Ritchie
26 Glendale Drive, Tillsonburg ON N4G 1J2
REQUESTED VARIANCE:
1. Relief of Section 5.1 – Table 5.1.1.4 – Lot Coverage, maximum for all accessory
buildings and structures, to increase the maximum permitted ground floor area from 50 m2
(538.2 ft2) to 80 m2 (753.47 ft2) to permit the construction of a detached accessory building.
LOCATION:
The subject property is legally described as Lot 12, Plan 551, Town of Tillsonburg. The lands are
located on the north east corner of Glendale Drive and Craig Street, and are municipally known
as 26 Glendale Drive.
BACKGROUND INFORMATION:
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW :
Low Density Residential Type 1 Zone (R1)
SURROUNDING USES:
Surrounding land uses include existing low density residential development, consisting of single
detached dwellings.
Page 21 of 122
File Number: A14-21 Report Number 2021-232
Page 2
COMMENTS:
(a) Purpose of the Application:
The applicant is requesting relief from the above noted provision of the Town Zoning By-law to
facilitate the future construction of a detached residential accessory building, with an area of 69.7
m2 (750 ft2). The accessory building is proposed for personal storage purposes.
The subject property has an approximate area of 836 m2 (9,000 ft2), with the existing dwelling
having an area of 145 m2 (1,560 ft2). There is an existing shed with an area of 7.2 m2 (77.5 ft2)
on the subject lands that is proposed to remain.
Plate 1, Location Map with Existing Zoning, depicts an aerial view of the property, location, and
the zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, shows an aerial view of the subject property.
Plate 3, Applicant’s Sketch, shows the location of the proposed accessory building on the subject
property.
Plate 4, Building Elevations, depicts the proposed appearance of the accessory building.
(b) Agency Comments:
The application was circulated to a number of public agencies. No comments were received in
response to the agency circulation.
(c) Public Consultation:
Public Notice was provided to surrounding property owners on June 30, 2021 in accordance with
the requirements of the Planning Act. As of the writing of this report, no comments or concerns
had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within
the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density
housing forms including single detached dwellings, duplexes and street fronting town houses as
well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to
the ‘Low Density Residential’ policies of the Official Plan.
(e) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning
By-law, which permits a single detached dwelling, as well as residential accessory structures.
Table 5.1.1.4 of the Zoning By-law establishes the development standards for accessory buildings
and structures and provides that residential accessory buildings shall be located a minimum of
1.2 m (3.9 ft) from the main building on the property and shall have a maximum height of 3.7 m
(12.1 ft), with a maximum lot coverage of 50 m2 (538.2 ft2) or 10% of lot area, whichever is less,
Page 22 of 122
File Number: A14-21 Report Number 2021-232
Page 3
and shall be located in accordance with the minimum yard setback requirements of the applicable
zone.
These provisions are intended to ensure such structures remain clearly secondary and ancillary
to the main use of the property, while having minimal impacts on neighbouring properties. These
provisions also assist in ensuring sufficient space is maintained on the property to accommodate
for grading and drainage, as well as private amenity space.
In this instance, the applicants are proposing to construct a residential accessory building, 69.7
m2 (750 ft2) to replace an existing carport and provide additional room for personal storage
purposes. As per the submitted site sketch, the proposed accessory building also appears to
maintain the required 1.2 m (3.9 ft) rear and interior side yard setback, as well as the required 1.2
m (3.9 ft) setback distance to the existing dwelling on the subject lands.
At approximately 836 m2 (9,000 ft2), it is recognized that sufficient lot area exists on the subject
property to accommodate for drainage and amenity space.
It is the opinion of this office that the proposed increase to the permitted accessory building lot
coverage meets the intent of the Town Zoning By-law, as the total area and height of the proposed
accessory structure are such that the building can be considered secondary or ancillary to the
main use of the property for residential purposes, which consists of a dwelling approximately 145
m2 (1,560 ft2) in size. Further, staff are of the opinion that the minor increase to the lot coverage
for the proposed detached garage can be considered reasonable for the needs of a residential
use.
(f) Desirable Development/Use:
It is the opinion of this Office that the applicant’s request can be considered minor and desirable
for the development of the subject property, as the proposed relief will facilitate the construction
of a detached accessory structure served by an existing driveway, which will be consistent with
the existing development in the area. For Committee’s information, no comments of concern
have been received from any of the neighbouring property owners or public agencies circulated.
Planning staff have reviewed the applicant’s request and are of the opinion that given the nature
of the proposal it is in keeping with the Town Zoning By-law as the proposed relief represents a
minor deviation from the maximum lot coverage for accessory buildings as contained within the
Town’s Zoning By-law.
In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with
the general intent and purpose of the Official Plan and Town Zoning By-law and can be given
favourable consideration.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A14-21,
submitted by Mark Ritchie, for lands described as Lot 12, Plan 551, Town of Tillsonburg, as it
relates to:
Page 23 of 122
File Number: A14-21 Report Number 2021-232
Page 4
1. Relief of Section 5.1 – Table 5.1.1.4 – Lot Coverage, maximum for all accessory
buildings and structures, to increase the maximum permitted ground floor area from 50 m2
(538.2 ft2) to 80 m2 (753.47 ft2) to permit the construction of a detached accessory building.
Subject to the following condition:
a) The applicant shall obtain a building permit for the proposed accessory building
within one year of the date of the Committee’s Decision.
As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: original signed by Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission by: original signed by Gordon K. Hough, RPP
Director
Page 24 of 122
June 28, 2021
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Allen
Street
Glendale
Drive
Subject
Property
Plate 1: Location Map with Existing Zoning
File No. A-14/21- Mark Ritchie
Lot 12, Plan 551 - 26 Glendale Drive, Town of Tillsonburg
Hawthorne
Street
Parkside
Drive
Craig
Street
Page 25 of 122
June 28, 2021
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
260
Notes
NAD_1983_UTM_Zone_17N
13 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2: 2015 Aerial Map
File No. A-14/21- Mark Ritchie
Lot 12, Plan 551 - 26 Glendale Drive, Town of Tillsonburg
Glendale
Drive
Subject
Property
Craig
Street
Page 26 of 122
Plate 3: Applicant's Sketch File No. A-14/21- Mark Ritchie Lot 12, Plan 551 - 26 Glendale Drive, Town of TillsonburgPage 27 of 122
Plate 4: Building Elevations File No. A-14/21- Mark Ritchie Lot 12, Plan 551 - 26 Glendale Drive, Town of TillsonburgPage 28 of 122
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Page 38 of 122
From: The Neales [mailto:jlneale@kwic.com]
Sent: July 7, 2021 11:19 AM
To: planning@tillsonburg.ca
Subject: Committee of Adjustment Meeting, July 12 2021
CAUTION: This email originated from outside your organization. Exercise caution
when opening attachments or on clicking links from unknown senders.
File: A-14/21
Owner /applicant Mark Ritchie, 26 Glendale Drive, Tillsonburg Ontario N4G 1J2
Re:
Relief of Section 5,11.4 – Lot Coverage , maximum for all accessory buildings, to
measure the maximum permitted ground floor area from 50 square meters to (538.2
square feet) to 80 square meters (753.47 square feet.
I Jack Neale, 24 Glendale Drive, Tillsonburg Ontario, N4G 1J2, fully supports the
Owner/applicants request for Lot 12, Plan 551, municipally known as 26 Glendale Drive,
Town of Tillsonburg, County of Oxford.
Page 39 of 122
Community Planning
P. O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-421-4712
Web site: www.oxfordcounty.ca
Our File: A15-21
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: July 12, 2021
REPORT NUMBER: 2021-231
OWNER: Simon Wagler
52489 Glen Colin Line, Aylmer ON N5H 2R3
APPLICANT: Issak Wall
53604 Harmony Acres Line, Aylmer ON N5H 2R3
REQUESTED VARIANCE:
1. Relief of Section 7.2, R2 Zone Provisions – Front Yard, Minimum Depth, to decrease the
minimum required front yard depth from 6.0 m (19.7 ft) to 5 m (16.4 ft), to facilitate the
construction of a single detached dwelling.
LOCATION:
The subject property is legally described as Lot 32, Plan 41M-369, Town of Tillsonburg. The lands
are located on the north and west side of Victoria Way, east of Quarter Town Line, and are
municipally known as 33 Victoria Way.
BACKGROUND INFORMATION:
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW :
Special Low Density Residential Type 2 Zone (R2-1)
Page 40 of 122
File Number: A15-21 Report Number 2021-231
Page 2
SURROUNDING USES:
Surrounding land uses include vacant residential land, and existing and planned low density
residential development, consisting of single detached dwellings and street-fronting townhouse
dwellings.
COMMENTS:
(a) Purpose of the Application:
The applicant is requesting relief from the above noted provision of the Town Zoning By-law to
facilitate the future construction of a single detached dwelling.
The subject lands comprise one lot in a recent phase of the Victoria Woods subdivision (32T-
07006). Through the review of the building permit submitted for a single detached dwelling on
the property, it has come to light that the proposed dwelling design does not comply with the
required front yard depth, primarily due to the curved streetline of Victoria Way.
The subject property has an approximate area of 552 m2 (5,942 ft2), with the proposed dwelling
having an area of 181.3 m2 (1,952 ft2).
Plate 1, Location Map with Existing Zoning, depicts an aerial view of the property location, and
the zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, shows an aerial view of the subject property.
Plate 3, Applicant’s Sketch, shows the location of the proposed single detached dwelling on the
subject property and relevant yards.
(b) Agency Comments:
The application was circulated to a number of public agencies. No comments were received in
response to the agency circulation.
(c) Public Consultation:
Public Notice was provided to surrounding property owners on June 30, 2021 in accordance with
the requirements of the Planning Act. As of the writing of this report, no comments or concerns
had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within
the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density
housing forms including single detached dwellings, duplexes and street fronting town houses as
well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to
the ‘Low Density Residential’ policies of the Official Plan.
Page 41 of 122
File Number: A15-21 Report Number 2021-231
Page 3
(e) Intent and Purpose of the Zoning By-law:
The subject property is currently zoned ‘Special Low Density Residential – Type 2 Zone (R2-1)’,
according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R2-1’ zone include
a single detached dwelling. The special provisions included in the R2-1 zone permit a reduced lot
depth of 28 m (91.8 ft).
The ‘R2’ Zone requires a minimum front yard depth of 6 m (19.7 ft). The intent of the minimum
front yard depth requirement is to ensure that dwellings are constructed with an appropriate
setback from the road allowance, and to ensure there is sufficient space available for the provision
of required parking on private property. In this instance, relief is being sought to reduce the front
yard depth from 6 m (19.7 ft) to 5 m (16.4 ft) at the south east portion of the lot.
Planning staff note that the calculated relief has been determined as the intersection of the front
lot line and exterior lot line, as defined by the Zoning By-Law. The required relief is due to the
curved design of Victoria Way.
Based on the proposed dwelling location, sufficient depth will remain between the attached
garage and the front lot line to accommodate the required one parking space within the private
property boundary in accordance with the requirements of the Zoning By-law, and no negative
impacts to the surrounding road network is anticipated. Given this, Planning staff are of the
opinion that the proposed relief maintains the general intent and purpose of the Town’s Zoning
By-Law.
(f) Desirable Development/Use:
It is the opinion of this Office that the applicant’s request can be considered minor and desirable
for the development of the subject property, as the proposed relief will facilitate the construction
of a single detached dwelling, which will be consistent with the existing and planned future
development in the area. For Committee’s information, no comments of concern have been
received from any of the neighbouring property owners or public agencies circulated.
In light of the foregoing, it is the opinion of this Office that the requested relief is in k eeping with
the general intent and purpose of the Official Plan and Town Zoning By-law and can be given
favourable consideration.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A15-21,
submitted by Simon Wagler, for lands described as Lot 32, Plan 41M-369, Town of Tillsonburg,
as it relates to:
1. Relief of Section 7.2, R2 Zone Provisions – Front Yard, Minimum Depth, to decrease the
minimum required front yard depth from 6.0 m (19.7 ft) to 5.0 m (16.4 ft), to facilitate the
construction of a single detached dwelling.
Subject to the following conditions:
a) The applicant shall obtain a building permit for the proposed single detached
dwelling within one year of the date of the Committee’s Decision;
Page 42 of 122
File Number: A15-21 Report Number 2021-231
Page 4
b) That the proposed relief only apply to the construction of a single detached
dwelling in a location and manner consistent with Plate 3 of Report CP-2021-231.
As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: original signed by Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission by: original signed by Gordon K. Hough, RPP
Director
Page 43 of 122
June 28, 2021
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 1: Location Map with Existing Zoning
File No. A-15/21- Simon Wagler
Lot 32, Plan 41M-369 - 33 Victoria Way, Town of Tillsonburg
Sierra
Street
Victoria
Way
Subject
Property
Page 44 of 122
June 28, 2021
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
260
Notes
NAD_1983_UTM_Zone_17N
13 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2: 2015 Aerial Map
File No. A-15/21- Simon Wagler
Lot 32, Plan 41M-369 - 33 Victoria Way, Town of Tillsonburg
Subject
Property
Victoria
Way
Sierra
Street
Page 45 of 122
C:\OSOFT141\WORK2021\21-16785sp.dwg, 2021-06-21 9:12:51 AM, DWG To PDF.pc3
Plate 3: Applicant's Sketch
File No. A-15/21- Simon Wagler
Lot 32, Plan 41M-369 - 33 Victoria Way, Town of Tillsonburg
Page 46 of 122
Page 47 of 122
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C:\OSOFT141\WORK2021\21-16785sp.dwg, 2021-06-21 9:12:51 AM, DWG To PDF.pc3
Page 51 of 122
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Due to the ongoing COVID19 pandemic, physical attendance public will not be permitted into Council
Chambers. Proceedings will be web-streamed on the Town of Tillsonburg Website. Proceedings held on
the fourth Monday of the month will also be televised via Rogers TV.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individuals are agreeing to the release and inclusion of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 52 of 122
First Name *
HARNEK
Last Name *
GREWAL
Street Address *
83 DEVONSHIRE AVE
Town/City *
TILLSONBURG
Postal Code *
N4G5C3
Phone Number *
647-296-3557
E-mail *
NEKIJI.2016@GMAIL.COM
Subject *
waste material bylaws
Name of Group or Person(s) being
represented (if applicable)
1
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
Details of the nature of the business/purpose: *
This is regarding doing gardening in the front lawn in cement pots. Which is considered as waste
material, in the OPINION of the by law officer. But for me that is a form of art in gardening.
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Page 53 of 122
Will there be a Power Point presentation? *
Yes
No
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 54 of 122
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 55 of 122
Ministry of
Transportation
Office of the Minister
777 Bay Street, 5th Floor
Toronto ON M7A 1Z8
416 327-9200
www.ontario.ca/transportation
Ministère des
Transports
Bureau de la ministre
777, rue Bay, 5e étage
Toronto ON M7A 1Z8
416 327-9200
www.ontario.ca/transports
June 28, 2021
His Worship Stephen Molnar
Mayor
Town of Tillsonburg
10 Lisgar Avenue
Tillsonburg ON N4G 5A5
Dear Mayor Molnar:
I am pleased to inform you that the Government of Ontario is extending the Community
Transportation (CT) Grant Program for an additional two years to continue supporting
communities across Ontario until the 2024-25 fiscal year.
As Ontario recovers from COVID-19, reliable transportation will be vital for accessing
employment and social programs, attending appointments, visiting friends and family,
and maintaining an independent and active lifestyle.
As part of this two-year extension, the Town of Tillsonburg is eligible to receive
provincial funding of up to $371,755.24 per year in 2023-24 and 2024-25 for a total of
up to $743,510.48 over two years. Please note that funding is subject to the terms and
conditions of an executed amending agreement to the current Transfer Payment
Agreement (TPA) between your municipality and the Ministry of Transportation. Ministry
officials will be contacting your staff shortly regarding next steps associated with the CT
Program extension and the amending agreement to the TPA.
If you have any questions, please contact Kevin Dowling, Manager of the Strategic
Investments Office, by email at Kevin.Dowling@Ontario.ca or by telephone at (416)
859-7912.
Sincerely,
Caroline Mulroney
Minister of Transportation
c. Ernie Hardeman, MPP, Oxford
Page 56 of 122
…/2
234-2021-3044
June 30, 2021
Your Worship
Mayor Stephen Molnar
Town of Tillsonburg
Dear Mayor Molnar,
Thank you for your application to the second intake of the Municipal Modernization
Program and for your commitment to delivering modern, efficient services that are
financially sustainable.
Under the third-party review stream, I am pleased to inform you that the Ford
government will provide funding of up to:
• $150,000 towards: Town of Tillsonburg Combined Municipal Space and
Operations Studies for IT and Solid Waste
All funding is for the cost of an independent third-party reviewer to deliver a final report
with specific and actionable recommendations for cost-savings and efficiencies by
November 30, 2021.
Under the implementation stream, I am pleased to inform you that the Ford government
will provide funding of up to:
• $80,139 towards: Town of Tillsonburg Citizen Portal Implementation, and
• $55,250 towards: Town of Tillsonburg Urban Forestry Modernization
The provincial funding is for up to 65% of total eligible costs to implement the project
and complete a final report that forecasts annual savings and other efficiency outcomes
by September 30, 2022.
In 2019, the Ford government launched the MMP to help small and rural municipalities
modernize service delivery and identify new ways to be more efficient and effective. The
impacts of the COVID-19 outbreak have made this work more important than ever. The
projects selected for funding under the second intake of the Municipal Modernization
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17th Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
Ministère des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17e étage
Toronto ON M7A 2J3
Tél. : 416 585-7000
Page 57 of 122
-2-
Program will further support municipalities’ efforts to implement efficiencies, with a focus
on digital modernization, service integration, streamlining development approvals and
alternative service delivery.
I understand how important this work will be to your community. To help you get started,
an interim payment will be issued following execution of a transfer payment agreement.
Ministry staff will forward instructions and a transfer payment agreement for each
approved project in the coming days and will work with you to have it finalized. If you
have questions, please contact your municipal advisor, or email
municipal.programs@ontario.ca.
I would like to offer my congratulations on this funding approval and extend my best
wishes as you work to improve service delivery and administrative efficiency in your
municipality.
Sincerely,
Steve Clark
Minister
c. Kyle Pratt, Chief Administrative Officer, Town of Tillsonburg
Sheena Pawliwec, Director of Finance/Treasurer, Town of Tillsonburg
Ernie Hardeman, MPP, Oxford
Page 58 of 122
132-2021-2894
By email
July 8, 2021
Dear Heads of Council:
With warmer weather underway, it is important to ensure pets across the province
remain safe, cool and comfortable. The Ontario government is strongly urging everyone
to take the necessary precautions to keep their pets safe and protected during the hot
summer months including making sure that pets are not left unattended in a vehicle.
Temperatures inside a vehicle can quickly become much hotter than the temperature
outside. The most dramatic rise in temperature occurs within the first 10 minutes that a
vehicle is idle. Even at an outdoor temperature of only 25ºC, the inside temperature of a
car can reach 34ºC in as little as 10 minutes and up to 50ºC by the time an hour has
passed. Pets can be put at risk of serious illness and possibly death as a result of being
left in a vehicle during hot weather. If an individual sees an animal in a hot car in
distress and is concerned the animal's life is in danger, they should call 911 immediately
as it is an emergency. Members of the public are not encouraged to enter a vehicle in
these situations.
Pursuant to the Provincial Animal Welfare Services Act, 2019, police officers, First
Nations Constables, and animal welfare inspectors may enter motor vehicles to remove
animals in critical distress. Police officers commonly provide primary response to 911
calls for service across the province related to animals left in motor vehicles.
In addition, the Fire Protection and Prevention Act, 1997, provides authority for
firefighters to enter motor vehicles to rescue and remove animals in distress, noting that
municipal councils set the levels of fire protection services which may include the
rescue of animals in motor vehicles.
To support firefighters in exercising this rescue function, the Ministry of the Solicitor
General, through the Office of the Fire Marshal, has issued the attached Fire Marshal’s
Communiqué which provides information about a new, voluntary training e-module
available to firefighters. This additional resource may assist fire services to effectively
respond to animals left in hot or cold motor vehicles to best safeguard animal welfare.
…/2
Solicitor General Solliciteur général
Office of the Solicitor General
25 Grosvenor Street, 18th Floor
Toronto ON M7A 1Y6
Tel: 416 326-5000
Toll Free: 1-866-517-0571
SOLGEN.Correspondence@ontario.ca
Bureau du solliciteur général
25, rue Grosvenor, 18e étage
Toronto ON M7A 1Y6
Tél. : 416 326-5000
Sans frais : 1-866-517-0571
SOLGEN.Correspondence@ontario.ca
Page 59 of 122
Heads of Council
Page 2
Where appropriate, municipal councils, through their fire departments, may wish to work
with and share this information with local communications and dispatch personnel to
support effective dispatch of 911 calls for service related to animals left in hot or cold
motor vehicles.
I appreciate your continued partnership to help protect animals in Ontario.
Sincerely,
Sylvia Jones
Solicitor General
Enclosure
c: Chief Administrative Officers
Municipal Clerks
Page 60 of 122
July 8, 2021
2021-06
Responding to Animals Left in Motor Vehicles Training E-Module
Ontario’s Provincial Animal Welfare Services Act, 2019 (PAWS Act) came into effect on
January 1, 2020 and allows police, First Nations constables and provincial animal welfare
inspectors to enter motor vehicles to remove animals in critical distress. In accordance
with the Fire Protection and Prevention Act, 1997 (FPPA), municipal councils set the
levels of fire protection services which may include the rescue of animals in motor
vehicles. The FPPA provides authority for firefighters to enter motor vehicles to rescue
and remove animals in distress.
To support firefighters in exercising this rescue function, the Ministry of the Solicitor
General has developed a new voluntary, training e-module for fire services on responding
to animals left in motor vehicles. The training e-module is available at the following link:
https://ofc.cerps.ca/mod/scorm/view.php?id=47233. If prompted, users should log in as a
guest.
The module includes information related to:
• The risks of an animal being left in a motor vehicle, and where the ministry
directs the public to report these incidents;
• Authorities and protections under the FPPA related to rescuing animals left in
motor vehicles;
• How to assess whether an animal in a motor vehicle is in distress, guidance on
handling of the animal and immediate steps that can be taken to relieve the
animal’s distress; and,
• Who to contact when an animal has been removed from a motor vehicle.
In addition to this Communiqué, a letter is being sent to municipal councils and a copy of
this Communiqué is attached to that letter.
For further information, please contact your local Fire Protection Adviser.
Page 61 of 122
Page 1 of 4
Subject: Offer to Purchase – Ravine Lands West of Borden Crescent
Report Number: EDM 21-21
Department: Economic Development and Marketing
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, July 12, 2021
RECOMMENDATION
THAT Council receives report EDM 21-21 Offer to Purchase – Ravine Lands West of
Borden Crescent;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into
an agreement of purchase and sale with Tillsonburg Developments Inc in Trust for
2407774 Ontario Limited for the property described Parts 1, 2, 3 and 4, Plan 41R-8799.
BACKGROUND
Council declared the ravine lands west of Borden Crescent as surplus to the Town’s
needs at the April 12, 2021 meeting:
THAT Council receives report EDM 21-13 Surplus Land Declaration – Ravine
Lands West of Borden Crescent;
AND THAT the ravine lands west of the Borden Crescent right of way, described
as Parts 1, 2, 3 and 4, Plan 41R-8799, be declared surplus to the needs of the
Town of Tillsonburg in accordance with By-Law 2021-031 (land disposition)
including suitable notification to the public.
Further to the surplus declaration, the Town has received an offer to purchase from
Tillsonburg Developments Inc who has entered into an agreement with the owner of the
Bridges at Tillsonburg Golf Course (2407774 Ontario Limited) to develop a portion of
the property for residential. The purpose of this report is to seek Council direction with
respect to negotiating with Tillsonburg Developments Inc regarding a potential sale of
these lands.
Page 62 of 122
EDM 21-21
Page 2 of 4
Subject Property: Ravine Lands West of Borden Crescent
DISCUSSION
2407774 Ontario Limited is working with Tillsonburg Developments Inc to redevelop a
portion of The Bridges at Tillsonburg Golf Course for residential development.
Approximately thirteen residential lots are anticipated to back up to the southerly portion
of the ravine lands and the developer would like to acquire these lands to offer deeper
lots for sale. Their proposal to the Town is that selling these lands would relieve the
Town of any responsibility for ongoing maintenance and insurance of the lands while at
the same time generating additional tax revenue for the larger lots.
The developer has indicated that there are no plans to extend any development into the
ravine lands and that they will be including protections for the ravine lands in their legal
agreements including prohibition against the construction of any buildings (shed, etc) in
those areas. This would be similar to the agreement that was entered into for the
protection of the forested areas in other subdivisions in Town.
Page 63 of 122
EDM 21-21
Page 3 of 4
The Development Commissioner has reviewed the offer and discussed with Duncan,
Linton LLP and is recommending that the offer be accepted by Council.
CONSULTATION
In reviewing the offer in consultation with Duncan, Linton LLP, staff has noted the
following:
Item Comments
Price of $24,000 or $5,000/Acre See Financial Implications - Any
subsequent loss as a result of the book
value differential will be realized as a
2021 financial impact and contribute to
the Town’s overall year-end
surplus/deficit position.
Clause 5 – Council Approval Addition of condition allowing the
agreement to terminate if the developer is
unable to obtain planning approvals for
the proposed development on the
adjacent property
Clause 9 – “As-is” Condition Purchaser has added that it must satisfy
itself as to their requested restrictions,
that it will not do any testing on the lands
as it has no intention of developing the
lands. Further, they intend to enter into
agreements with agencies to protect the
sensitive nature of the ravine lands and
add restrictive covenants to the buyers of
these lots
Clause 14 (a) – Proposed Resale Purchaser confirms that it is their intent, if
their development is approved, to resell
the subject lands to individual property
owners, but if it does not proceed, they
will sell the lands back to the town for the
same price as they purchased them
Clause 14 (b) – Proposed Resale Purchaser agrees to not sell the property
prior to development to any party without
first offering them back to the Town
Schedule “B” - Purchaser Conditions Conditional on the Vendor agreeing that
the Purchaser is purchasing the subject
lands as an agent for 2407774 Ontario
Limited
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EDM 21-21
Page 4 of 4
Schedule D Easement already registered across the
property will be added to this agreement
on closing
FINANCIAL IMPACT/FUNDING SOURCE
The subject lands were transferred to the Town in exchange for debt forgiveness
relating to the golf course redevelopment. The historical transaction valued these lands
at $300,000 which is reflected on the Town’s balance sheet. A current estimate of the
property’s value was obtained through an appraisal prepared by SW Irvine and
Associates, which valued the 4.76 Acres of land at $24,000 as of May 5, 2021. Any
subsequent loss as a result of the book value differential will be realized as a 2021
financial impact and contribute to the Town’s overall year-end surplus/deficit position.
In addition to the purchase price, the purchasers would be required to pay the Town’s
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-Tillsonburg Developments Inc in Trust for 2407774
Ontario Limited
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AGREEMENT OF PURCHASE AND SALE (the “Agreement” or “APS”)
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Vendor”)
-and-
Tillsonburg Developments Inc.,
In Trust for 2407774 Ontario Limited
(the “Purchaser”)
WHEREAS the Vendor is the owner, in fee simple, the lands and premises described as Part Lot
1594, Plan 500, Parts 1 – 4, Plan 41R8799. T/W B7982 Except 35670 Together with an easement as
in 335414 Together with an easement as in 335413 Town of Tillsonburg, County of Oxford, herein
after referred to as “The Property”.
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows:
SECTION I - GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement.
2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price of Twenty-Four-Thousand ($ 24,000.00) CDN Dollars.
The estimated area of the Property is 4.76+/- Acres.
3. The Purchase Price shall be paid as follows:
(a) The Purchaser hereby agrees to pay a deposit of Five Thousand Dollars
($5,000.00) CDN., payable by certified cheque to the Vendor’s Solicitor, upon
Acceptance of this Agreement. Said deposit shall be held interest free and shall be
credited to the purchase price upon the completion of this transaction, failing
which this deposit shall be returned to the Purchaser without interest or deduction
and;
(b) the balance of the Purchase Price, by Certified Cheque or Bank Draft, subject to the
usual adjustments, to the Vendor’s solicitor upon the Completion of this transaction.
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 30th, day of June, 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 interest or 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.
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(c) The parties acknowledge and agree that negotiation of the terms and conditions of this
APS by The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall be negotiated in good faith. However, the said negotiation/s 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.
(b) This agreement is subject to an application for Official Plan / Zoning changes being
approved, for the lands to the West of the subject lands herein referred to, said
change/s are to permit the Transferer herein to obtain approval to subdivide part of the
adjacent lands, know as “The Bridges” Golf Club, for a residential development. Failing
which this agreement shall become null and void and the purchaser’s deposit shall be
returned in full without interest or penalty. This clause is included for the sole benefit of
the purchaser and may be waived by them at anytime within the allowed time period.
6. Deed/Transfer
(a) The Vendor agrees that on the day of completions and transfer of title of the subject
property that they will deed or transfer the Property to 2407774 Ontario Limited, subject
to the terms of this Agreement.
7. Completion Date
(a) The closing of this transaction shall take place within 30 days from the date of
approval of the applications for Official Plan / Zoning Change/s, 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 June 20th, 2021 any
documents, reports or information in its possession in respect to the Property. The
Purchaser agrees to return all of the above documentation to the Vendor if this
transaction is not completed.
SECTION III - CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. “As Is” Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an “as is” condition and
that it must satisfy itself by June 24th, 2021 regarding the condition of the Property
including, but not limited to, all existing physical conditions of this Property,
environmental conditions, including the Purchaser’s requested restrictions against
construction of any buildings or structures of any kind whatsoever anywhere
within the boundaries of the land that are the subject of This agreement of
purchase and sale. A proposed wording for this restrictive covenant shall be
attached hereto as Schedule ‘C’. 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 indemnification 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 in full to the Purchaser without interest or
deduction. In the event that the Purchaser finds, within the time period set out above,
an unacceptable condition exists on the subject property and so notifies the Vendor
herein in writing that the condition of the Property is not satisfactory, then the Purchaser
shall, be released from this agreement of Purchase and Sale and shall be entitled to a
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prompt and full return of the monies paid as deposit without interest or deduction or
penalty.
The Vendor acknowledges and accepts that the purchaser has no intention of causing
any testing of the subject lands that would disturb the soils and or the eco-systems
existing within the boundaries of the subject lands prior to the completion of this
transaction as it is their intent in their acquisition of the subject lands to apportion of
the subject lands so as to attach the relative portions of the subject lands to the
proposed adjacent lots currently outlined on the proposed residential development
planned for “The Bridges Golf Course” and the Purchaser intends to enter into an
agreement with the Appropriate Governing Bodies, (I.e. Town of Tillsonburg, County of
Oxford, Long Point Conservation Authority etc.) as part of that Development Agreement
for the Proposed Development Lands to protect the lands that are the subject of this
APS by means of a schedule of restrictive covenants to be attached to the Transfer of
Title documents that purchasers of the Proposed Developed lands, as referred to
above, will receive on closing of their transactions so as to prevent the disturbance or
removal of trees and/or underbrush, nor the development of any structures, including
yard sheds, fences, pools, nor the extension/s of residential dwellings so as to extend
those dwellings onto the lands that are the subject of this APS. Based on the forgoing
Acknowledgment the Town of Tillsonburg hereby accepts that there shall be no reason
for any unnecessary delays in the return of the Purchaser’s deposit monies should this
Agreement be terminated within the allowed time period. 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, or restrictions
set out in Schedules; “A”, “B”, “C”, “D”
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the APS
and understands that upon Acceptance by the Vendor, and subject to any conditions
herein, there shall be a binding agreement of purchase and sale between the Purchaser
and the Vendor. It is further agreed that based on the afore mentioned statement of
intent with regards to the purchaser’s intended use and subdivision of the subject lands
that there shall be no reason or need for any authority to require the purchaser to
conduct any soil bearing capacity tests or environmental inspections either as part of
this transaction nor as part of any future development of the adjacent lands currently
part of “The Bridges Golf Course”. The Vendor shall grant the Purchaser access for
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, on
the adjacent lands the Purchaser shall provide to the Town of Tillsonburg a plan
showing the location of the building(s), the front elevation of the building(s), the exterior
building materials, the restrictive Covenants Schedule to be attached to the adjacent
lands upon approval of their development which shall include the prohibition of outside
storage areas. 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 provided that such development of the
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subject lands are in strict accordance with the aforementioned statement with regards
to the purchaser’s intent of use for the subject lands.
Proposed Resale
a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the subject lands referred to herein with the adjoining property and
sequentially sub-dividing the subject lands in accordance with the statement of
intent as set out elsewhere in this agreement, and as such does intend to re-sell
the subject lands as apportioned to the proposed adjacent residential lots
together with the proposed restrictive covenants previously outlined elsewhere
in this agreement. If, after the transfer of the property, the purchaser does not
proceed with their development plans for the adjacent property (The Bridges Golf
Course) and these lands, the purchaser, will, at the option of the Town of
Tillsonburg, by notice in writing to the Owner, re-convey good title of the
property to the Town of Tillsonburg, free and clear of all encumbrances,
inconsideration for payment by the Town of Tillsonburg to the purchaser of 100%
of the purchase price paid by the purchaser to the Town of Tillsonburg for the
conveyance of the property in the first instance. The re-conveyance shall be
completed within (60) days of the notice set out in this clause. The Town of
Tillsonburg shall not be required to pay for any improvements, if any, that may
have been made, constructed, installed or performed by the Owner of the
Property.
(b) Further, the purchaser (Owner) covenants that it will not sell the Property or any part
thereof Prior to development to any person, firm or corporation without first offering, in
writing, to sell the Property to the Town of Tillsonburg for consideration equal to or less
than the consideration paid by the Owner to the Town of Tillsonburg in the original
conveyance of the Property, provided however that the Owner may sell or transfer the
Property to a subsidiary or affiliate corporation as defined in the Business Corporations
Act, R.S.O. 1990, c.B. 16 property as amended, provided such subsidiary assumes
and confirms its acceptance of the within covenants and restrictions and expressly
undertakes in writing to comply with them in such form as the Town of Tillsonburg may
require. The Town of Tillsonburg shall have (60) days from the receipt of an offer made
by the Owner under this subclause, to accept such an offer which acceptance shall by
in writing. If the Town of Tillsonburg does not accept an offer to sell made by the Owner
under the provisions of this subclause, the Town of Tillsonburg’s right to repurchase
the Property so offered shall terminate. However, the remaining provisions of this
clause 1 as well as other provisions herein shall continue in full force and effect. The
limitation contained in this subclause, will expire upon the Owner proceeding with their
development of the adjacent property.
SECTION IV - PRIOR TO COMPLETION DATE
15. 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.
16. 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
17. Deed/Transfer
(a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of
the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser
will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection
with the registration of it.
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18. Electronic Registration
(a) The parties agree that the transaction shall be completed by electronic registration
pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as
amended. The parties acknowledge and agree that the delivery and release of
documents may, at the discretion of the lawyer: a) not occur contemporaneously with
the registration of the transfer/deed and other registrable documentation, and b) be
subject to conditions whereby the lawyer receiving documents and/or money will be
required to hold them in trust and not release them except in accordance with the terms
of a written agreement between the lawyers entered into in the form of the Document
Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective
Registration of Title Documents.
19. 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.
20. 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.
21. 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 “D”.
(b) The Purchaser is allowed until June 24th, 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.
22. 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.
23. 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.
24. Deliveries by the Vendor To The Purchaser on Closing
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(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.
25. Harmonized Sales Tax
(i) 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: [Note:
The Purchaser herein is an HST registrant and as such would prefer to
make the HST payment as part of their monthly remittance to CRA.]
(ii) 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, 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
26. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement or the Property other than expressed herein.
27. Tender
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(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.
28. Time of Essence
(a) Time shall be of the essence in this Agreement.
29. 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.
30. 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:
[To Be provided but as an FYI we are purchasing this land and transfer will be to
the Numbered company, 2407774 Ontario Limited that currently owns the
adjacent Bridges Golf Course, we have already been appointed as agents for the
owners for these purposes as per our preliminary application for Development.]
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.
31. Successors and Assigns
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 adjoining lands. 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.
32. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule “A” Description of the Property;
(ii) Schedule “B” Conditions;
(iii) Schedule “C” Restrictive Covenants
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33. 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.
34. 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.
35. 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.
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at _Tillsonburg, ON. _, Ontario this __18th,_____ day of ____ June_ _______, 2021.
Per:
_______ _________
Name: Dominic A. Bradley
Title: General Manager
_________________________________
Name:
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this _______ day of _____ _________, 2021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
The Corporation of the Town of
Tillsonburg
_________________________________
Stephen Molnar
Mayor
_________________________________
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg
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SCHEDULE “A” - LEGAL DESCRIPTION OF THE PROPERTY
ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the
Town of Tillsonburg in the County of Oxford, being compromised of:
Part Lot 1594, Plan 500, Parts 1 – 4, Plan 41R8799. T/W B7982 Except 35670 Together with an
easement as in 335414 Together with an easement as in 335413 Town of Tillsonburg, County
of Oxford,
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SCHEDULE “B” – PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of
the following terms and conditions on or before June 24th, 2021 which terms and conditions
are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the
Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and
Agreement arising from the offer shall be at an end and all parties released from their
obligations:
(a) This Agreement of Purchase and Sale is conditional until June 16th, 2021 upon the
Vendor agreeing and acknowledging that the Purchaser is purchasing the subject lands
as an agent for 2407774 Ontario Limited to cojoin with the abutting lands of “The
Bridges Golf Club” and having the intention of sub-dividing the subject lands, together
with the abutting lands (thereby making the proposed lots deeper than otherwise
possible) in accordance with the application for a plan of subdivision currently having
been put forward to the Municipality for consideration as a proposed plan of residential
sub-division, failing which this agreement of Purchase and Sale shall become null and
void and the Purchaser’s deposit shall be returned in full without interest nor deduction.
This condition is included for the sole benefit of the Purchaser and may be waived by
them at any time within the allowed time period.
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SCHEDULE “C”
PROTECTIVE RESTRICTIONS ON RESIDENTIAL LANDS
DEFINITIONS 1. In these restrictions the following words and expressions shall have the following
meanings:
a) “Vendor” means the vendor, seller, grantor, transferor or lessor named in the
annexed document, and includes the successors and assigns of the Vendor.
b) “Purchaser” herein means the purchaser, buyer, grantee, transferee or lessee
named in the annexed document, and includes the heirs, executors,
administrators, successors and assigns of the Purchaser.
c) “Building” shall mean a single-family residential dwelling.
d) “Lot” shall mean the land on which a building has been or will be constructed as
conveyed to the individual purchasers.
BUILDING RESTRICTIONS 2. All building, site, plot, house design, grading and drainage plans for the lands or any
part thereof shall be approved by the Vendor in writing prior to commencement of
excavation and prior to building permit application.
DRAINAGE SWALES,
GRADING & ACCESS 3. Drainage swales will be constructed and maintained as designed by the Vendor’s
engineers to provide surface water run-off in accordance with the said drainage plan and
each Lot shall be graded so that the surface of same slopes from the house to the lot
lines. There shall be designated on the plans referred to in paragraph 2 the grade levels
and the direction of drainage for each Lot to provide for surface water run-off in
accordance with the said drainage plan. The Purchaser hereby agrees to provide to the
Vendor or its agents the necessary free access required for the purpose of constructing,
installing, inspecting, maintaining, repairing and renewing the said drainage swales,
grade levels and all problems created by drainage.
MUNICIPAL AGREEMENT 4. The Purchaser hereby agrees to comply with the terms of any municipal agreements
including, without limitation, subdivision agreements (as are applicable to Purchaser).
VENDOR’S APPROVAL
OF ALTERATIONS 5. The Purchaser shall not commence any additions or alterations, including without
limitation save and except landscaping, without obtaining the Vendor’s prior approval in
writing to the plans, including drainage plan, plot plan, location and exterior colour
scheme of any such additions or alterations, and that such additions and alterations are
to be made in strict conformity with such plans, location and exterior colour scheme.
USE OF BUILDING 6. The Building to be erected on the said lands shall be used and occupied for no other
purpose than as a private residence and shall not be used for the purpose of profession,
trade, employment or business of any description, nor as a school, hospital or other
charitable institution, nor as a hotel, apartment house, duplex, rooming house or place of
public resort, nor for any sport or game other than such games as are customarily played
in connection with the occupation of a private residence as herein provided, nor shall
anything be done on the land or in any Building thereon which may be an annoyance or
nuisance to the occupiers of neighbouring lands.
OUTSIDE PARKING 7. No vehicle or vehicles and no boats of any kind shall be parked or stored on the said
land other than automobiles used in connection with private residences.
ANIMALS 8. No animals, fish or fowl of any kind may be kept or maintained on the said land, other
than household pets normally permitted in private homes in urban residential areas. No
more than two cats or two dogs shall be kept on the said lands, provided they do not
constitute an annoyance or nuisance to the occupants of neighbouring lands as may be
determined by the Vendor, and that there shall be no commercial breeding of such
animals, fish or fowl.
ERECTION OF OTHER
STRUCTURES 9. No structures, decks, storage sheds, fences (except for a fence as may be required by
the Municipality to be located on the boundary of the Lot and built at the cost of the
Vendor), antennae or T.V. satellite dishes, other than the building to be erected thereon
as provided herein, shall be erected on the lands unless the location, design and material
have been approved in writing by the Vendor and the chief building inspector for the Town
of Tillsonburg.
SIGNS & WASTE 10. No signs (other than standard realtor’s signs), billboards, notices or advertising
matter of any kind shall be placed upon the lands, except with the prior consent of the
Vendor, and provided that the same are not in violation of the municipal sign by-law or
any other applicable authority. No building, waste, debris or garbage or other material of
any kind shall be dumped or stored on the lands.
TREES 11. No living trees or landscaping required by the municipal agreement shall be cut down
or removed without the consent in writing of the Vendor and / or the Municipality of
Tillsonburg, except those standing within an area to be excavated for erection of the
buildings.
Page 76 of 122
Buyer’s Initials_ _____ Seller’s Initials______
RESTRICTION 12. Purchasers of Homes backing onto the ravines throughout the development are
OF ENTRY ONTO advised that all living things in, on, or about these ravines are protected including
PROTECTED LANDS but not limited to fallen leaves, trees, falling tree limbs, underbrush, ground coverings, or
seeds, birds, and all other manner of living animals, insects, birds etc., on them is
governed by the Long Point Conservation Authority. Walking, climbing, or otherwise
entering into or onto the ravines is strictly prohibited due to the need to protect the
sensitive eco-systems and to ensure the long-term stability of the banks. Residents are
reminded that the dumping of anything whatsoever into the ravines is strictly prohibited
and punishable under the law.
VARIATION OF
RESTRICTIONS 12. The Vendor may agree to vary, alter, amend, or remove any of the foregoing conditions
in respect of these or any other lands on the said Plan of Subdivision without notice to or
consent of the Purchaser or the owner of any other land to which the foregoing conditions
may apply so long as such variation, alteration, amendment or removal is not, in the
opinion of the Vendor, a substantial deviation from the general nature of the foregoing
conditions.
REZONING 13. The Purchaser hereby acknowledges receipt of notice from the Vendor that the
Vendor may apply for rezoning, official plan amendment or land divisions respecting
other lands included in the Plan of Subdivision or adjacent to the Plan of Subdivision. The
Purchaser agrees to consent to any and all such applications and agrees that this
paragraph may be pleaded as a bar to any objection by the Purchaser to such
applications. The Purchaser covenants to include the provisions of this paragraph in any
conveyance, mortgage or disposition of all or any of the Lot.
DURATION 14. These restrictions shall run with the lands and be in force for a period of ninety-nine
(99) years from the registration of the Plan of Subdivision.
COVENANTS TO RUN
WITH THE LANDS 15. To the extent that the burden of this covenant may run with the lands in respect of
which they respectively covenant (until the expiry of ninety nine (99) years following
registration of the Plan of Subdivision) the Vendor as to the building lots forming part of
the blocks on the registered plan remaining vested in it and the Purchaser as to the lands
described in the within conveyance DO HEREBY MUTUALLY COVENANT AND AGREE
each with the other and the Purchaser also HEREBY COVENANTS AND AGREES with the
owner or owners for the time being of any lands to which is attached the benefit of
stipulations, restrictions, and provisions of these restrictions and with their respective
heirs, executors, administrators, successors and assigns to observe and comply with the
stipulations, restrictions and provisions set forth in these restrictions and that nothing
shall ever be erected, placed or done upon the lands as to which they respectively
covenant, in breach or violation or contrary to the fair intent and meaning of the said
stipulations, restrictions and provisions and to exact covenants the same as those
contained herein from the Purchaser in any conveyance which the Vendor and the
Purchaser may make of the said building lots or the lands respectively or any part thereof.
These covenants shall not be held binding upon the Vendor or the Purchaser, or any other
person, except in respect of breaches committed or conducted during their, his or her
joint sole seisin of title to the lands upon or in respect of which such breaches shall have
been committed.
SUCCESSORS 16. The Purchaser for itself, its heirs, administrators, executors, successors and assigns
covenants and agrees that in the event that it shall transfer or dispose of the whole or any
part of the Lot, it shall exact from any purchaser or assignee a covenant to comply with
all the covenants herein contained including this requirement to exact this same covenant
from any subsequent purchaser or assignee.
SEVERABILITY 22. If for any reason whatsoever any term, covenant or condition of this Agreement, or
the application thereof to any party or circumstance, is to any extent held or rendered
invalid, unenforceable or illegal, then such term, covenant or condition:
a) is deemed to be independent of the remainder of the Agreement and to be severable
and divisible therefrom and its invalidity, unenforceability or illegality does not affect,
impair or invalidate the remainder of the Agreement or any part thereof; and
continues to be applicable and enforceable to the fullest extent permitted by law
against any part and circumstances other than those as to which it has been held or
rendered invalid, unenforceable or illegal. The covenants in respect to the foregoing
protective restrictions shall extend to and be binding upon, and may be taken by, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto.
PROVIDED that in construing these presents the words “Vendor and “Purchaser” and the
pronouns “he”, “his”, or “him” relating thereto and used therewith shall be read and
construed as “Vendor” or “Vendors”, “Purchaser” or “Purchasers”, and “he”, “she”, “it”,
or “they”, “his”, “her”, or “their”, or ‘him”, “her”, “it”, or “them”, respectively, as the
number and gender of the party or parties referred to in each case require, and the number
of the verb agreeing therewith shall be construed as agreeing with the said word or
pronoun so substituted.
Dated at: Tillsonburg, ON. This 18th, day of June , 2021
PURCHASER: _________ _____________________________________
(I have the authority to bind the Corporation)
VENDOR: __________________________________________ ____
(I have the authority to bind the Corporation)
Page 77 of 122
Page 1 of 3
Subject: BIA Levy Assessment By-Law
Report Number: FIN 21-21
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, July 12, 2021
RECOMMENDATION
THAT a By-law to amend the BIA By-Law 2013 to establish a maximum and minimum
levy for 164, 170, 200 and 248 Broadway be brought forward for Council consideration.
BACKGROUND
The BIA forwarded a resolution and spoke at Town Council requesting that a set
maximum charge for Strathallen properties be considered per Section 208 of the
Municipal Act. The intent is to establish stable budgeted revenue for the BIA to rely on
even in situations where the assessment on these identified properties may be reduced
or increased.
At the Council meeting held on April 12, 2021, Town Council directed staff to proceed
with establishing a maximum charge of the BIA annual levy to the properties known as
164, 170, 200 & 248 Broadway owned by Strathallen.
This report has been prepared to provide Council with an update pertaining to the above
resolution and recommendation to proceed with an amendment to the existing By-laws
2013 and 3180.
DISCUSSION
Notice of the intention of Council to pass this By-law along with pertinent explanatory
information (Appendix A) was delivered by mail to all commercial property owners within
the BIA boundary as required by The Municipal Act. Also contained within this letter
were instructions with respect to objections. Objections to this proposal were to be
provided in writing to the Town Clerk within 60 days of the date of Notice. Should the
number of objections have totalled one-third of the total number of persons entitled to
vote, representing at least one-third of the assessed value of the properties in the BIA,
then the Town shall not pass the proposed By-law. The 60 day period lapsed effective
Page 78 of 122
FIN 21-21
Page 2 of 3
July 11, 2021 with no objections received by the Clerk with respect to the proposed By-
law.
A red-lined version has been provided detailing the adjustments to the existing By-law
(Appendix B). The amending By-law will be brought forward later in this meeting for
three final readings.
CONSULTATION
The BIA assessment change process was executed by the Finance department in
consultation and with assistance by the Director of Corporate Services/Clerk and the
Town’s solicitor Duncan, Linton LLP. All commercial residents within the BIA boundary
were notified by letter of the intention of the By-law.
FINANCIAL IMPACT
The change to the BIA levy assessment is strictly contained within the BIA’s levy
distribution model and affects the BIA only.
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
Page 79 of 122
FIN 21-21
Page 3 of 3
ATTACHMENTS
Appendix A – BIA Notice Letter
Appendix B – BIA and Board of Management By-law (Red-lined)
Page 80 of 122
May 13, 2021
TO: BIA Members
FROM: Finance Department, Town of Tillsonburg
SUBJECT: Section 208 Notice under the Municipal Act to establish a minimum
and maximum charge of the BIA annual levy for properties owned by Strathallen.
Every four years MPAC re-assesses all properties in Ontario to provide area
municipalities with updated assessment valuations. It is a common practice,
predominantly amongst Industrial and Commercial class properties, to appeal new
revised assessment values through MPAC. The appeal results can vary between an
increased and a decreased final assessment value. Where a valuation assessment and
corresponding contribution share to the BIA annual levy is greater, as is the case with
Strathallen owned properties, a successful appeal can have significant adverse impacts
to budgeted revenue.
The BIA forwarded a resolution and spoke at Town Council requesting that a set
maximum charge for Strathallen properties be considered per Section 208 of the
Municipal Act. This would establish stable budgeted revenue for the BIA to rely on even
in situations where the assessment on these identified properties may be reduced or
increased.
At their meeting on April 12, 2021, Town Council directed staff to proceed with
establishing a maximum charge of the BIA annual levy to the properties known as 164,
170, 200 & 248 Broadway owned by Strathallen with costs for postage, envelopes, and
applicable staff time, be charged back to the BIA.
Attached is a draft by-law that includes this direction by Town Council for your review.
Also included for your reference is an excerpt of Section 208 of the Municipal Act.
Under the Act, the Town is required to provide notice of the proposal to e stablish a
minimum and maximum charge.
If you object to this proposal, please provide your written objection to the Town Clerk
(msmibert@tillsonburg.ca) within 60 days (July 11, 2021) of the date of this notice.
Should the number of objections total one-third of the total number of persons entitled to
vote, representing at least one-third of the assessed value of the properties in the BIA,
then the Town shall not pass the proposed by-law.
Page 81 of 122
Page 2 of 2
What does this proposal mean to you/your business?
New proposal: Strathallen properties will consistently be charged a set percentage of
the BIA budget thus reducing fluctuations resulting from reassessments. Future
assessment fluctuations of the Strathallen properties would not have a direct impact to
the BIA tax rate. All other businesses within the BIA will continue to be assessed their
proportionate share of the residual annual BIA levy based on their property assessment
value.
Current Process: All businesses within the BIA are assessed their proportionate share
of the total annual BIA levy based on their property assessment value. Strathallen
assessment increases/decreases have a direct impact on the BIA tax rate; an increase
will reduce the tax rate and a decrease will increase the tax rate.
Sincerely,
Sheena Pawliwec, CPA, CGA
Director of Finance / Treasurer
Page 82 of 122
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021- ####
By-Law 2013
(Last updated: Consolidated By-Law 3180: October 11, 2005
By-Law 2013: October 17, 1978)
A BY-LAW to designate a certain area as an improvement area and to establish a
Board of Management therefor.
WHEREAS Section 204361 of The Municipal Act, R.S.O, 20011970, c.25Chapter 284,
and
amendments thereto, grants authority to Council to pass a by-law to designate an
improvement area and to establish a Board of Management therefor, to which will be
entrusted the improvement, beautification and maintenance of municipally owned lands,
buildings and structures in the area, beyond such improvements, beautification and
maintenance as is provided at the expense of the municipality at large, and the
promotion of the area as a business or shopping area;
AND WHEREAS notice of the intention of Council to pass this by-law has been served
by mail as required by the said Section of the Municipal Act;
AND WHEREAS it is deemed desirable to designate the area as set out on Schedule
“A” hereto as an improvement area to be known as "The Tillsonburg Downtown
Business Improvement Area.”
NOW THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. The area as described in Schedule "A" attached hereto, is hereby designated as
an Improvement Area to be known as “The Tillsonburg Downtown Improvement
Area.”
2. A Board of Management for the said Improvement Area, is hereby established
which shall be known as "The Board of Management for the Tillsonburg
Downtown Improvement Area,” (hereinafter called "the Board”).
3. The Board established under Clause 2 hereof is a Body Corporate and shall
consist of such number of members appointed by Council as the Council
considers advisable, at least one of whom shall be a member of Council and the
remaining members shall be persons qualified to be elected as members of
Council and who are assessed for business assessment in respect to lands
within the defined area.
Page 83 of 122
4. The members of the Board shall hold office from the time of appointment until the
expiration of the term of office of the Council that appoints them, or until their
successors appointed, provided they continue to be qualified as set out in Clause
3.
5. Where a vacancy occurs the Board from any cause, the Council shall, by
resolution appoint a person qualified, who shall hold office for the remainder of
the term for which his predecessor was appointed.
By-Law 2013 Consolidated
6. The Board of Management shall submit its estimates for the current year to
Council at a time and in a form as prescribed by Council. However the Council
may reject such estimates in whole or in part and also may refuse to provide
such money for the purposes of the Board.
7. The Board shall not expend any monies not included in its estimates, which have
received prior approval of the Council or in a reserve land established under
Section 308 of the Municipal Act.
8. The Board shall not incur any indebtedness extending beyond the current year.
9. The Board shall, annually, on or before the 1st day of March, submit its annual
report for the preceding year to Council. The report shall include an audited
financial statement of the affairs of the Board.
10.The municipal auditor shall be the auditor of the Board and all books, documents,
minutes and accounts of the Board shall be, at all times, be open to his
inspection.
11.Upon repeal of this by-law, the Board shall cease to exist and its undertaking
assets and liabilities shall be assumed by the Town of Tillsonburg.
12.The Council shall, in each year, levy a special charge upon persons in the said
designated area assessed for business assessment, sufficient to provide a sum
equal to the sum of money provided for the purposes of the Board and as
approved by Council, which shall be borne and paid by such persons in
proportion that the assessed value of the real property that is used as the basis
for computing the business assessment of each of such persons bears to the
assessed value of all of the real property in the area used as the basis for
computing business assessment.
12.1 Despite section 12 and as provided by subsection 208(3) of the Municipal Act, the
aggregate amount payable by Parcel 1, as described in Schedule “B”, shall not exceed
the maximum special charge of forty-three percent (43%) of the Board’s budget in any
taxation year and the aggregate amount payable by Parcel 2, as described in Schedule
Page 84 of 122
“B”, shall not exceed the maximum special charge of seven percent (7%) of the Board’s
budget in any taxation year.
12.2 Despite section 12 and as provided by subsection 208(3) of the Municipal Act, the
aggregate amount payable by Parcel 1, as described in Schedule “B”, shall not fall
below the minimum special charge of forty-three percent (43%) of the Board’s budget in
any taxation year and the aggregate amount payable by Parcel 2, as described in
Schedule “B”, shall not fall below the minimum special charge of seven percent (7%) of
the Board’s budget in any taxation year.
12.3 “Parcels” shall mean those lands identified on the assessment roll returned in 2020
for taxation in 2021 as roll numbers 3204 030 030 08000 0000, and 3204 030 030
08301 0000 for 164, 170, 200, and 248 Broadway] as being separately assessed for
taxation purposes and which are more particularly outlined and identified on the
attached Schedule “B”. If the foregoing assessment roll numbers are changed,
consolidated or subdivided, Parcels shall mean those lands outlined and identified on
Schedule “B”.
12.4 If necessary for a fiscal year to raise the amount referred to in section 12 because
the maximum charge applies to the Parcels, the municipality shall for the year adjust
any charges applicable to the remaining individual properties in The Tillsonburg
Downtown Improvement Area by adjusting the percentage of assessment established
under section 12 for those properties in proportion to the assessed value of the real
property, as provided for in paragraph 208(4)(b) of the Municipal Act.
13.Any levy imposed under Clause 12 hereof may be collected in the same manner
and with the same remedies as provided by the Municipal Act for the collection of
taxes for business assessment.
14.This by-law shall not come into force and effect until such time as it receives the
approval of the Ontario Municipal Board and shall be subject to whatever
conditions, restrictions or limitations the Ontario Municipal Board may, by order,
impose.
READ A FIRST AND SECOND TIME THIS 1213th day of JULYDECEMBER,
20211977.
READ A THIRD TIME AND FINALLY PASSED THIS 12 17th day of JULY
OCTOBER, 20211978.
____________________________________
Page 85 of 122
Original signed by
MAYOR
Original signed by
CLERK
Page 86 of 122
Schedule “B” Parcel 1 - 164, 170 & 200 Broadway Parcel 2 - 248 Broadway Page 87 of 122
Schedule "A"Page 88 of 122
Page 1 of 2
Subject: Revised 2021 Final Tax By-Law Schedule “A”
Report Number: FIN 21-22
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, July 12, 2021
RECOMMENDATION
THAT a By-law to amend the Tax Rate By-Law 2021-062 to replace Schedule “A” be
brought forward for Council consideration.
BACKGROUND
This report has been prepared in response to the exp ected passing of the BIA By-law
amendment to establish maximum and minimum levy’s for identified designated
properties.
DISCUSSION
With the approval of the By-law to amend the BIA By-Laws to establish a maximum and
minimum levy for 164, 170, 200 and 248 Broadway, adjustment must be made to the
Tax Rates By-law 2021-062 Schedule “A” (Appendix A). It is crucial that this document
be updated to reflect these changes in advance of the printing of the final tax bills next
week to ensure the correct calculation of tax bills.This By-law will be brought forward
later in this meeting for three final readings. Should the BIA By-law amendment not be
passed by Council, this request to amend By-law 2021-062 Schedule “A” is to be
repealed.
FINANCIAL IMPACT
The attached 2021 Final Levy By-Law Schedule “A” provides for the applicable
calculated 2021 tax rates to generate the levy amounts for each requisitioning body.
Page 89 of 122
FIN 21-22
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
Appendix A – Tax Rates By-law 2021-062 Schedule “A”
Page 90 of 122
Schedule "A" 2021 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01345812 0.00104168 0.01449980 R1 FARMLAND DEV PH 1 0.00354905 0.00000000 0.00068850 0.00423755 0.00423755 MT MULTI-RESIDENTIAL 0.01577356 0.00734074 0.00153000 0.02538624 0.00208337 0.02746961 NT NEW MULTI-RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01308715 0.01308715 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00354905 0.00165167 0.00068850 0.00588922 0.00588922 CT COMMERCIAL 0.01499908 0.00698031 0.00880000 0.03148490 0.00198107 0.00196083 0.03542680 XT COMMERCIAL NEW CONSTRUCTION 0.01499908 0.00698031 0.00880000 0.03148490 0.00198107 0.00196083 0.03542680 CU EXCESS LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.00138675 0.00137258 0.02743876 CX VACANT LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.00138675 0.00137258 0.02743876 XU COM'L NEW CONST. - EXCESS LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.02467943 IT INDUSTRIAL 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 JT INDUSTRIAL NEW CONSTRUCTION 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 IU EXCESS LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 IX VACANT LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 LT LARGE INDUSTRIAL 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 LU EXCESS LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 PT PIPELINES 0.00993182 0.00462210 0.00880000 0.02382108 0.02382108 FT FARMLAND 0.00171695 0.00079904 0.00038250 0.00297925 0.00297925 GT PARKING LOT 0.01499908 0.00698031 0.00880000 0.03148490 0.00196083 0.03344573 Page 91 of 122
Page 1 of 5
Subject: 2022 Budget Process
Report Number: FIN 21-23
Department: Finance
Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, July 12, 2021
RECOMMENDATION
THAT Council receives report FIN 21-23 2022 Budget Process;
AND THAT the following dates are scheduled for Council Budget Meetings:
Monday, November 29, 2021 4:00pm-9:00pm
Monday, December 6, 2021 9:00am-3:00pm
Thursday, December 16, 2021 4:00pm-9:00pm
Monday, January 17, 2022 6:00pm-9:00pm
BACKGROUND
Municipalities are required to prepare and adopt a budget on an annual basis, as per
the Municipal Act, 2001, section 290. The budget process report provides Council and
the public with the processes and timelines necessary to meet legislative requirements
and achieve the strategic objectives of the organization. The intent is to define a
process for Council to follow that is understandable for all parties and aims for Council
to approve the 2022 budget in January of 2022. Similar in procedure to the previous
budget year, the Capital and Operating budgets are proposed to be presented together
for review by Council.
DISCUSSION
The Town’s budget process focuses on developing and providing recommendations that
achieve the expectations of Council and the Community. Throughout the process
Council will provide direction for removing or adding projects, deferring projects to a
future year or to reduce amounts assigned to various budgeted matters. Staff will keep
a running list of additions and changes for review throughout the budget process which
will include matters for further discussion and requests for additional information.
Page 92 of 122
FIN 21-23
Page 2 of 5
An initial pre-budget discussion will be introduced via staff report at the second regularly
scheduled Council meeting in September. This early discussion will afford Council the
opportunity to provide any specific objectives, service level changes, capital project
requests, and/or targeted tax levy percentage impact.
Budget binders containing staff recommended operating and capital budget de tails will
be distributed on Thursday, November 11; eighteen days prior to the commencement of
the first special budget meeting scheduled for November 29th. Subsequent to the
distribution of the budget binder, Councillors are encouraged to advance questions to
staff relating to any necessary clarifications. This will ensure that questions are fully
understood and quality responses may be prepared for Council’s consideration and
discussion at the November 29th meeting.
The following table provides an overview of the tentatively scheduled meeting dates
pertaining to the 2022 Budget. Council Budget Approval is anticipated to occur on
January 10, 2022.
Meeting Date Meeting Description
Monday, Sept 27, 2021
Regular Council Meeting
Budget survey results to Council
Pre-budget report(s) provided, if applicable, providing Council
an opportunity for discussion and direction regarding:
Specific objectives
% range to tax levy
Service level changes
Capital requests
Thursday, Nov 11, 2021 2022 Budget Binders Distributed to Council
Monday, Nov 29, 2021
Special Council Meeting
(4pm-9pm)
Operating & Capital Budget Package (i.e. Business Plans)
Review with Council
Monday, Dec 6, 2021
Special Council Meeting
(9am-3pm)
Pre-budget approval(s) staff report, if applicable.
Motions & resolutions by Council, if applicable.
Questions by Council regarding budget information presented
at the Nov 29 meeting and/or contained in the budget
binders.
Monday, Dec 13, 2021
Regular Council meeting
2022 Rates & Fees to Council for review and approval.
Page 93 of 122
FIN 21-23
Page 3 of 5
Thursday, Dec 16, 2021
Special Council Meeting
(4pm-9pm)
OPP Funding presentation, if applicable.
Staff reports from Nov 29 & Dec 6 meeting resolutions, if
applicable.
Motions/resolutions for final budget adjustment, if applicable.
Resolution to bring forward Final Budget and Business Plans
for Council approval at the next regularly scheduled meeting.
Monday, Jan 10, 2022
Regular Council Meeting
Final Operating & Capital Budgets and Departmental Business
Plans approved
Monday, Jan 17, 2021
Special Council Meeting
(6pm-9pm)
External Group Grant Requests (allocation of 2022 Budgeted
Funds)
The Capital Budget
The Town continues to experience significant development which requires considerable
investment in new assets to serve the growing population. In addition, the Town’s
existing infrastructure is aging to the point where substantial investment is required to
maintain the current assets (repair and replacement). Given the limited financial
resources available, it is critical for the Town to maximize its use of existing financial
resources by investing in capital projects that provide the greatest benefit to the
Community and ensure we are managing our assets in a sustainable manner.
Corporate-wide prioritization of capital projects requires management to think beyond
their individual areas of responsibility by weighing the needs of all lines of service in a
consistent and unbiased manner. A number of new projects will be selected for 2022 in
addition to any projects not finalized in 2021. Each new 2022 Capital request will be
evaluated and prioritized by the Senior Leadership Team, thus ensuring limited
resources are allocated effectively.
The Asset Management Reserve which is usually funded from the phase-in amount of
the MPAC assessment did not see any increase in 2021 due to the assessment delay
resulting from the pandemic. Usually this is incorporated with other funding sources
available such as grants, reserves, taxation, and debt in order to fund the proposed
projects, however in 2022 these other funding sources will be relied upon to a greater
degree.
The Operating Budget
Operating budget funding is derived primarily from taxation and user fees revenue.
Annual operating requirements are reviewed by managers and directors regarding
activities necessary to operate the Town. The Operating budget process will determine
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FIN 21-23
Page 4 of 5
the amounts needed to be raised from taxation and corresponding change to the tax
levy rate.
Budget Survey
The 2022 proposed budget process again includes an external public survey in which
residents have been invited to provide input on the Town budget via a link on our
website. Meaningful and effective public engagement improves the quality of decisions
made, facilitates citizen understanding of issues and government processes, fosters
respect for the views of others, and increases support, understanding and ownership of
decisions made.
The Town’s survey is live from June 15 through August 31. The County is also running
a budget survey in conjunction with the lower tiers through August 31. All survey results
will be shared via staff report at the regularly scheduled Council meeting on September
27.
FINANCIAL IMPACT
There are no financial impacts associated with the approval of the 2022 Budget
Schedule.
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
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FIN 21-23
Page 5 of 5
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
None.
Page 96 of 122
Page 1 of 3
Subject: Sign By-Law Amendment – COVID-19
Report Number: OPD 21-27
Department: Building, Planning and By-Law Services
Submitted by: Geno Vanhaelewyn, CBO
Meeting Type: Council Meeting
Meeting Date: Monday, July 12, 2021
RECOMMENDATION
THAT Council receives report OPD 21-27; Sign By-Law Amendment – COVID-19 as
information;
AND THAT a By-Law to amend By-Law 3798, being a by-law to prohibit or regulate
signs and other advertising devices and the posting of notices within the Town of
Tillsonburg, be brought forward for Council’s consideration;
AND THAT a By-Law to amend By-Law 2021-004, being a Schedule of Fees for certain
Municipal applications, services and permits in the Town of Tillsonburg, be brought
forward for Council’s consideration.
BACKGROUND
The Town’s current Sign By-Law 3798 was adopted by Municipal Council in 2014 which
regulates signs and other advertising devices of a commercial nature in the Town of
Tillsonburg. The primary intent of the Sign By-Law is to regulate signs of a commercial
nature intended to be viewed from any vehicular or pedestrian right-of-way. The Sign
By-law serves two main purposes: to coordinate the type, placement and scale of signs
within the different land-use zones; and to recognize the commercial communication
requirements of all-sectors of the business community.
At the June 14, 2021 Council meeting the following resolution was carried:
Resolution # 2021-282
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker 10 THAT a By-Law to amend By-Law 3798 to lift
the restrictions on banner signs which was previously amended expired on
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OPD 21-27
Page 2 of 3
December 31st 2020 be reinstated to May 31, 2022 to allow businesses the
opportunity to aggressively market during covid recovery.
This report along with the proposed By-Law amendments provides the staff
recommendations as a result of the COVID-19 impact.
DISCUSSION
In review of both the Sign and Rates and Fees By-Law; staff recommends the following
temporary amendments to allow businesses to advertise more aggressively during the
re-opening and recovery phase of Covid-19:
1. Temporarily remove the 180 day restriction for mobile signs and replace with
365 days from July 13, 2021 to May 31, 2022 by amending the following
section:
8.6 MOBILE SIGNS
Mobile signs shall be erected in compliance with the following:
f. Mobile sign permits may be renewed for a maximum of 180 days in a 12
month period with the exception of multi-tenant properties which are
permitted 365 days in a 12 month period and between July 13, 2021 and
May 31, 2022 which are permitted 365 days within the 12 month period.
2. Waive mobile sign permit fees in the amount of $30.00/mth for the remainder
of 2021 with a recommendation that this is reviewed when preparing the 2022
Rates and Fees structure.
3. Amend the definition of “TEMPORARY BANNER SIGN” as follows:
TEMPORARY BANNER SIGN: means a Banner Sign that is placed between July
13, 2021 and May 31, 2022.
CONSULTATION
Consultation was completed with By-Law Enforcement staff.
Upon approval, staff would develop communication and promotional materials that can
be used to update the website, notify business owners, BIA, Chamber, sign contractors,
and inform/educate the public.
FINANCIAL IMPACT/FUNDING SOURCE
An estimated reduction of $2,250.00 in the 2021 budgeted sign permit fee revenue is to
be expected.
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OPD 21-27
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.
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The Corporation of the Town of Tillsonburg
Accessibility Advisory Committee
June 8, 2021
2:00 p.m.
Electronic Meeting
MINUTES
Present: Cindy Allen, Mark Dickson, Erin Getty, Jeff Huber, Councillor Pete Luciani,
Margaret McCrimmon, Mike Cerna and Michael Kadey.
Regrets: Peter Staley.
Also Present:
Amelia Jaggard, Deputy Clerk
Emily Xuereb, Deputy Chief Building Official
1. Call to Order
The meeting was called to order at 2:00 p.m.
2. Adoption of Agenda
Proposed Resolution #1
Moved by: Mike Cerna
Seconded by: Councillor Luciani
THAT the Agenda as prepared for the Accessibility Advisory Committee meeting of
June 8, 2021, be adopted.
Carried.
3. Minutes of the Previous Meeting
4. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
5. Presentations/Delegations
5.1. Library Lane and Keating Alley redesign concepts
Emily Xuereb, Deputy Chief Building Official, provided an overview of the design
concepts. These projects are approximately two years from completion.
There was discussion regarding the concepts.
It was suggested that cement be poured under the garbage cans on Library
Lane.
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There was discussion regarding the steepness of Keating Alley and the potential
of adding leveled areas to give individuals an opportunity to slow down/stop and
not have to go up/down the lane at once. It was suggested that the pathway
bricks can cause a tripping hazard.
The Town will conduct public consultation on both designs. Individuals can
submit their feedback to the Town through the public consultation process or by
submitting comments to Amelia.
6. General Business & Reports
6.1. Access Forward, Design of Public Space Standard Training Video Summary
Cindy Allen provided a summary of the Access Forward Design of Public Space
Standard training video.
Member Allen left the meeting at 2:40 p.m.
Staff to recirculate Access Forward training materials.
6.2. Outdoor Facilities Review
Staff to circulate outdoor facilities review document to the Committee.
7. Next Meeting
Tuesday, September 14, 2021 at 2:00 p.m.
8. Adjournment
Proposed Resolution #2
Moved by: Pete Luciani
Seconded by: Erin Getty
THAT the June 8, 2021, Accessibility Advisory Committee meeting be adjourned at
2:56 p.m.
Carried.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to authorize an agreement of purchase and sale with Tillsonburg
Developments Inc., In Trust for 2407774 Ontario Limited.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of
purchase and sale for lands described as Parts 1, 2, 3 and 4, Plan 41R-8799.
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 Parts 1, 2, 3 and 4, Plan 41R-8799, 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 12th day of JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of JULY, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
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Buyer’s Initials_ _____ Seller’s Initials______
AGREEMENT OF PURCHASE AND SALE (the “Agreement” or “APS”)
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Vendor”)
-and-
Tillsonburg Developments Inc.,
In Trust for 2407774 Ontario Limited
(the “Purchaser”)
WHEREAS the Vendor is the owner, in fee simple, the lands and premises described as Part Lot
1594, Plan 500, Parts 1 – 4, Plan 41R8799. T/W B7982 Except 35670 Together with an easement as
in 335414 Together with an easement as in 335413 Town of Tillsonburg, County of Oxford, herein
after referred to as “The Property”.
NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement,
the parties agree as follows:
SECTION I - GENERAL
1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property
according to the terms of this Agreement.
2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price of Twenty-Four-Thousand ($ 24,000.00) CDN Dollars.
The estimated area of the Property is 4.76+/- Acres.
3. The Purchase Price shall be paid as follows:
(a) The Purchaser hereby agrees to pay a deposit of Five Thousand Dollars
($5,000.00) CDN., payable by certified cheque to the Vendor’s Solicitor, upon
Acceptance of this Agreement. Said deposit shall be held interest free and shall be
credited to the purchase price upon the completion of this transaction, failing
which this deposit shall be returned to the Purchaser without interest or deduction
and;
(b) the balance of the Purchase Price, by Certified Cheque or Bank Draft, subject to the
usual adjustments, to the Vendor’s solicitor upon the Completion of this transaction.
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 30th, day of June, 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 interest or 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.
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Buyer’s Initials_ _____ Seller’s Initials______
(c) The parties acknowledge and agree that negotiation of the terms and conditions of this
APS by The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall be negotiated in good faith. However, the said negotiation/s 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.
(b) This agreement is subject to an application for Official Plan / Zoning changes being
approved, for the lands to the West of the subject lands herein referred to, said
change/s are to permit the Transferer herein to obtain approval to subdivide part of the
adjacent lands, know as “The Bridges” Golf Club, for a residential development. Failing
which this agreement shall become null and void and the purchaser’s deposit shall be
returned in full without interest or penalty. This clause is included for the sole benefit of
the purchaser and may be waived by them at anytime within the allowed time period.
6. Deed/Transfer
(a) The Vendor agrees that on the day of completions and transfer of title of the subject
property that they will deed or transfer the Property to 2407774 Ontario Limited, subject
to the terms of this Agreement.
7. Completion Date
(a) The closing of this transaction shall take place within 30 days from the date of
approval of the applications for Official Plan / Zoning Change/s, 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 June 20th, 2021 any
documents, reports or information in its possession in respect to the Property. The
Purchaser agrees to return all of the above documentation to the Vendor if this
transaction is not completed.
SECTION III - CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. “As Is” Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an “as is” condition and
that it must satisfy itself by June 24th, 2021 regarding the condition of the Property
including, but not limited to, all existing physical conditions of this Property,
environmental conditions, including the Purchaser’s requested restrictions against
construction of any buildings or structures of any kind whatsoever anywhere
within the boundaries of the land that are the subject of This agreement of
purchase and sale. A proposed wording for this restrictive covenant shall be
attached hereto as Schedule ‘C’. 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 indemnification 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 in full to the Purchaser without interest or
deduction. In the event that the Purchaser finds, within the time period set out above,
an unacceptable condition exists on the subject property and so notifies the Vendor
herein in writing that the condition of the Property is not satisfactory, then the Purchaser
shall, be released from this agreement of Purchase and Sale and shall be entitled to a
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Buyer’s Initials_ _____ Seller’s Initials______
prompt and full return of the monies paid as deposit without interest or deduction or
penalty.
The Vendor acknowledges and accepts that the purchaser has no intention of causing
any testing of the subject lands that would disturb the soils and or the eco-systems
existing within the boundaries of the subject lands prior to the completion of this
transaction as it is their intent in their acquisition of the subject lands to apportion of
the subject lands so as to attach the relative portions of the subject lands to the
proposed adjacent lots currently outlined on the proposed residential development
planned for “The Bridges Golf Course” and the Purchaser intends to enter into an
agreement with the Appropriate Governing Bodies, (I.e. Town of Tillsonburg, County of
Oxford, Long Point Conservation Authority etc.) as part of that Development Agreement
for the Proposed Development Lands to protect the lands that are the subject of this
APS by means of a schedule of restrictive covenants to be attached to the Transfer of
Title documents that purchasers of the Proposed Developed lands, as referred to
above, will receive on closing of their transactions so as to prevent the disturbance or
removal of trees and/or underbrush, nor the development of any structures, including
yard sheds, fences, pools, nor the extension/s of residential dwellings so as to extend
those dwellings onto the lands that are the subject of this APS. Based on the forgoing
Acknowledgment the Town of Tillsonburg hereby accepts that there shall be no reason
for any unnecessary delays in the return of the Purchaser’s deposit monies should this
Agreement be terminated within the allowed time period. 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, or restrictions
set out in Schedules; “A”, “B”, “C”, “D”
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the APS
and understands that upon Acceptance by the Vendor, and subject to any conditions
herein, there shall be a binding agreement of purchase and sale between the Purchaser
and the Vendor. It is further agreed that based on the afore mentioned statement of
intent with regards to the purchaser’s intended use and subdivision of the subject lands
that there shall be no reason or need for any authority to require the purchaser to
conduct any soil bearing capacity tests or environmental inspections either as part of
this transaction nor as part of any future development of the adjacent lands currently
part of “The Bridges Golf Course”. The Vendor shall grant the Purchaser access for
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, on
the adjacent lands the Purchaser shall provide to the Town of Tillsonburg a plan
showing the location of the building(s), the front elevation of the building(s), the exterior
building materials, the restrictive Covenants Schedule to be attached to the adjacent
lands upon approval of their development which shall include the prohibition of outside
storage areas. 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 provided that such development of the
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Buyer’s Initials_ _____ Seller’s Initials______
subject lands are in strict accordance with the aforementioned statement with regards
to the purchaser’s intent of use for the subject lands.
Proposed Resale
a) The Purchaser covenants that it is purchasing the Property for the purpose of
consolidating the subject lands referred to herein with the adjoining property and
sequentially sub-dividing the subject lands in accordance with the statement of
intent as set out elsewhere in this agreement, and as such does intend to re-sell
the subject lands as apportioned to the proposed adjacent residential lots
together with the proposed restrictive covenants previously outlined elsewhere
in this agreement. If, after the transfer of the property, the purchaser does not
proceed with their development plans for the adjacent property (The Bridges Golf
Course) and these lands, the purchaser, will, at the option of the Town of
Tillsonburg, by notice in writing to the Owner, re-convey good title of the
property to the Town of Tillsonburg, free and clear of all encumbrances,
inconsideration for payment by the Town of Tillsonburg to the purchaser of 100%
of the purchase price paid by the purchaser to the Town of Tillsonburg for the
conveyance of the property in the first instance. The re-conveyance shall be
completed within (60) days of the notice set out in this clause. The Town of
Tillsonburg shall not be required to pay for any improvements, if any, that may
have been made, constructed, installed or performed by the Owner of the
Property.
(b) Further, the purchaser (Owner) covenants that it will not sell the Property or any part
thereof Prior to development to any person, firm or corporation without first offering, in
writing, to sell the Property to the Town of Tillsonburg for consideration equal to or less
than the consideration paid by the Owner to the Town of Tillsonburg in the original
conveyance of the Property, provided however that the Owner may sell or transfer the
Property to a subsidiary or affiliate corporation as defined in the Business Corporations
Act, R.S.O. 1990, c.B. 16 property as amended, provided such subsidiary assumes
and confirms its acceptance of the within covenants and restrictions and expressly
undertakes in writing to comply with them in such form as the Town of Tillsonburg may
require. The Town of Tillsonburg shall have (60) days from the receipt of an offer made
by the Owner under this subclause, to accept such an offer which acceptance shall by
in writing. If the Town of Tillsonburg does not accept an offer to sell made by the Owner
under the provisions of this subclause, the Town of Tillsonburg’s right to repurchase
the Property so offered shall terminate. However, the remaining provisions of this
clause 1 as well as other provisions herein shall continue in full force and effect. The
limitation contained in this subclause, will expire upon the Owner proceeding with their
development of the adjacent property.
SECTION IV - PRIOR TO COMPLETION DATE
15. 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.
16. 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
17. Deed/Transfer
(a) The Deed or Transfer of the Property will be prepared by the Vendor at the expense of
the Purchaser in a form acceptable to the solicitors for the Purchaser and the Purchaser
will pay all Land Transfer Tax, Harmonized Sales Tax and other costs in connection
with the registration of it.
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18. Electronic Registration
(a) The parties agree that the transaction shall be completed by electronic registration
pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as
amended. The parties acknowledge and agree that the delivery and release of
documents may, at the discretion of the lawyer: a) not occur contemporaneously with
the registration of the transfer/deed and other registrable documentation, and b) be
subject to conditions whereby the lawyer receiving documents and/or money will be
required to hold them in trust and not release them except in accordance with the terms
of a written agreement between the lawyers entered into in the form of the Document
Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective
Registration of Title Documents.
19. 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.
20. 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.
21. 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 “D”.
(b) The Purchaser is allowed until June 24th, 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.
22. 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.
23. 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.
24. Deliveries by the Vendor To The Purchaser on Closing
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(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.
25. Harmonized Sales Tax
(i) 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: [Note:
The Purchaser herein is an HST registrant and as such would prefer to
make the HST payment as part of their monthly remittance to CRA.]
(ii) 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, 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
26. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement or the Property other than expressed herein.
27. Tender
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Buyer’s Initials_ _____ Seller’s Initials______
(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.
28. Time of Essence
(a) Time shall be of the essence in this Agreement.
29. 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.
30. 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:
[To Be provided but as an FYI we are purchasing this land and transfer will be to
the Numbered company, 2407774 Ontario Limited that currently owns the
adjacent Bridges Golf Course, we have already been appointed as agents for the
owners for these purposes as per our preliminary application for Development.]
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.
31. Successors and Assigns
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 adjoining lands. 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.
32. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule “A” Description of the Property;
(ii) Schedule “B” Conditions;
(iii) Schedule “C” Restrictive Covenants
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33. 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.
34. 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.
35. 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.
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at _Tillsonburg, ON. _, Ontario this __18th,_____ day of ____ June_ _______, 2021.
Per:
_______ _________
Name: Dominic A. Bradley
Title: General Manager
_________________________________
Name:
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this _______ day of _____ _________, 2021.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
The Corporation of the Town of
Tillsonburg
_________________________________
Stephen Molnar
Mayor
_________________________________
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg
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Buyer’s Initials_ _____ Seller’s Initials______
SCHEDULE “A” - LEGAL DESCRIPTION OF THE PROPERTY
ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the
Town of Tillsonburg in the County of Oxford, being compromised of:
Part Lot 1594, Plan 500, Parts 1 – 4, Plan 41R8799. T/W B7982 Except 35670 Together with an
easement as in 335414 Together with an easement as in 335413 Town of Tillsonburg, County
of Oxford,
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SCHEDULE “B” – PURCHASER CONDITIONS
1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of
the following terms and conditions on or before June 24th, 2021 which terms and conditions
are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the
Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and
Agreement arising from the offer shall be at an end and all parties released from their
obligations:
(a) This Agreement of Purchase and Sale is conditional until June 16th, 2021 upon the
Vendor agreeing and acknowledging that the Purchaser is purchasing the subject lands
as an agent for 2407774 Ontario Limited to cojoin with the abutting lands of “The
Bridges Golf Club” and having the intention of sub-dividing the subject lands, together
with the abutting lands (thereby making the proposed lots deeper than otherwise
possible) in accordance with the application for a plan of subdivision currently having
been put forward to the Municipality for consideration as a proposed plan of residential
sub-division, failing which this agreement of Purchase and Sale shall become null and
void and the Purchaser’s deposit shall be returned in full without interest nor deduction.
This condition is included for the sole benefit of the Purchaser and may be waived by
them at any time within the allowed time period.
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Buyer’s Initials_ _____ Seller’s Initials______
SCHEDULE “C”
PROTECTIVE RESTRICTIONS ON RESIDENTIAL LANDS
DEFINITIONS 1. In these restrictions the following words and expressions shall have the following
meanings:
a) “Vendor” means the vendor, seller, grantor, transferor or lessor named in the
annexed document, and includes the successors and assigns of the Vendor.
b) “Purchaser” herein means the purchaser, buyer, grantee, transferee or lessee
named in the annexed document, and includes the heirs, executors,
administrators, successors and assigns of the Purchaser.
c) “Building” shall mean a single-family residential dwelling.
d) “Lot” shall mean the land on which a building has been or will be constructed as
conveyed to the individual purchasers.
BUILDING RESTRICTIONS 2. All building, site, plot, house design, grading and drainage plans for the lands or any
part thereof shall be approved by the Vendor in writing prior to commencement of
excavation and prior to building permit application.
DRAINAGE SWALES,
GRADING & ACCESS 3. Drainage swales will be constructed and maintained as designed by the Vendor’s
engineers to provide surface water run-off in accordance with the said drainage plan and
each Lot shall be graded so that the surface of same slopes from the house to the lot
lines. There shall be designated on the plans referred to in paragraph 2 the grade levels
and the direction of drainage for each Lot to provide for surface water run-off in
accordance with the said drainage plan. The Purchaser hereby agrees to provide to the
Vendor or its agents the necessary free access required for the purpose of constructing,
installing, inspecting, maintaining, repairing and renewing the said drainage swales,
grade levels and all problems created by drainage.
MUNICIPAL AGREEMENT 4. The Purchaser hereby agrees to comply with the terms of any municipal agreements
including, without limitation, subdivision agreements (as are applicable to Purchaser).
VENDOR’S APPROVAL
OF ALTERATIONS 5. The Purchaser shall not commence any additions or alterations, including without
limitation save and except landscaping, without obtaining the Vendor’s prior approval in
writing to the plans, including drainage plan, plot plan, location and exterior colour
scheme of any such additions or alterations, and that such additions and alterations are
to be made in strict conformity with such plans, location and exterior colour scheme.
USE OF BUILDING 6. The Building to be erected on the said lands shall be used and occupied for no other
purpose than as a private residence and shall not be used for the purpose of profession,
trade, employment or business of any description, nor as a school, hospital or other
charitable institution, nor as a hotel, apartment house, duplex, rooming house or place of
public resort, nor for any sport or game other than such games as are customarily played
in connection with the occupation of a private residence as herein provided, nor shall
anything be done on the land or in any Building thereon which may be an annoyance or
nuisance to the occupiers of neighbouring lands.
OUTSIDE PARKING 7. No vehicle or vehicles and no boats of any kind shall be parked or stored on the said
land other than automobiles used in connection with private residences.
ANIMALS 8. No animals, fish or fowl of any kind may be kept or maintained on the said land, other
than household pets normally permitted in private homes in urban residential areas. No
more than two cats or two dogs shall be kept on the said lands, provided they do not
constitute an annoyance or nuisance to the occupants of neighbouring lands as may be
determined by the Vendor, and that there shall be no commercial breeding of such
animals, fish or fowl.
ERECTION OF OTHER
STRUCTURES 9. No structures, decks, storage sheds, fences (except for a fence as may be required by
the Municipality to be located on the boundary of the Lot and built at the cost of the
Vendor), antennae or T.V. satellite dishes, other than the building to be erected thereon
as provided herein, shall be erected on the lands unless the location, design and material
have been approved in writing by the Vendor and the chief building inspector for the Town
of Tillsonburg.
SIGNS & WASTE 10. No signs (other than standard realtor’s signs), billboards, notices or advertising
matter of any kind shall be placed upon the lands, except with the prior consent of the
Vendor, and provided that the same are not in violation of the municipal sign by-law or
any other applicable authority. No building, waste, debris or garbage or other material of
any kind shall be dumped or stored on the lands.
TREES 11. No living trees or landscaping required by the municipal agreement shall be cut down
or removed without the consent in writing of the Vendor and / or the Municipality of
Tillsonburg, except those standing within an area to be excavated for erection of the
buildings.
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Buyer’s Initials_ _____ Seller’s Initials______
RESTRICTION 12. Purchasers of Homes backing onto the ravines throughout the development are
OF ENTRY ONTO advised that all living things in, on, or about these ravines are protected including
PROTECTED LANDS but not limited to fallen leaves, trees, falling tree limbs, underbrush, ground coverings, or
seeds, birds, and all other manner of living animals, insects, birds etc., on them is
governed by the Long Point Conservation Authority. Walking, climbing, or otherwise
entering into or onto the ravines is strictly prohibited due to the need to protect the
sensitive eco-systems and to ensure the long-term stability of the banks. Residents are
reminded that the dumping of anything whatsoever into the ravines is strictly prohibited
and punishable under the law.
VARIATION OF
RESTRICTIONS 12. The Vendor may agree to vary, alter, amend, or remove any of the foregoing conditions
in respect of these or any other lands on the said Plan of Subdivision without notice to or
consent of the Purchaser or the owner of any other land to which the foregoing conditions
may apply so long as such variation, alteration, amendment or removal is not, in the
opinion of the Vendor, a substantial deviation from the general nature of the foregoing
conditions.
REZONING 13. The Purchaser hereby acknowledges receipt of notice from the Vendor that the
Vendor may apply for rezoning, official plan amendment or land divisions respecting
other lands included in the Plan of Subdivision or adjacent to the Plan of Subdivision. The
Purchaser agrees to consent to any and all such applications and agrees that this
paragraph may be pleaded as a bar to any objection by the Purchaser to such
applications. The Purchaser covenants to include the provisions of this paragraph in any
conveyance, mortgage or disposition of all or any of the Lot.
DURATION 14. These restrictions shall run with the lands and be in force for a period of ninety-nine
(99) years from the registration of the Plan of Subdivision.
COVENANTS TO RUN
WITH THE LANDS 15. To the extent that the burden of this covenant may run with the lands in respect of
which they respectively covenant (until the expiry of ninety nine (99) years following
registration of the Plan of Subdivision) the Vendor as to the building lots forming part of
the blocks on the registered plan remaining vested in it and the Purchaser as to the lands
described in the within conveyance DO HEREBY MUTUALLY COVENANT AND AGREE
each with the other and the Purchaser also HEREBY COVENANTS AND AGREES with the
owner or owners for the time being of any lands to which is attached the benefit of
stipulations, restrictions, and provisions of these restrictions and with their respective
heirs, executors, administrators, successors and assigns to observe and comply with the
stipulations, restrictions and provisions set forth in these restrictions and that nothing
shall ever be erected, placed or done upon the lands as to which they respectively
covenant, in breach or violation or contrary to the fair intent and meaning of the said
stipulations, restrictions and provisions and to exact covenants the same as those
contained herein from the Purchaser in any conveyance which the Vendor and the
Purchaser may make of the said building lots or the lands respectively or any part thereof.
These covenants shall not be held binding upon the Vendor or the Purchaser, or any other
person, except in respect of breaches committed or conducted during their, his or her
joint sole seisin of title to the lands upon or in respect of which such breaches shall have
been committed.
SUCCESSORS 16. The Purchaser for itself, its heirs, administrators, executors, successors and assigns
covenants and agrees that in the event that it shall transfer or dispose of the whole or any
part of the Lot, it shall exact from any purchaser or assignee a covenant to comply with
all the covenants herein contained including this requirement to exact this same covenant
from any subsequent purchaser or assignee.
SEVERABILITY 22. If for any reason whatsoever any term, covenant or condition of this Agreement, or
the application thereof to any party or circumstance, is to any extent held or rendered
invalid, unenforceable or illegal, then such term, covenant or condition:
a) is deemed to be independent of the remainder of the Agreement and to be severable
and divisible therefrom and its invalidity, unenforceability or illegality does not affect,
impair or invalidate the remainder of the Agreement or any part thereof; and
continues to be applicable and enforceable to the fullest extent permitted by law
against any part and circumstances other than those as to which it has been held or
rendered invalid, unenforceable or illegal. The covenants in respect to the foregoing
protective restrictions shall extend to and be binding upon, and may be taken by, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto.
PROVIDED that in construing these presents the words “Vendor and “Purchaser” and the
pronouns “he”, “his”, or “him” relating thereto and used therewith shall be read and
construed as “Vendor” or “Vendors”, “Purchaser” or “Purchasers”, and “he”, “she”, “it”,
or “they”, “his”, “her”, or “their”, or ‘him”, “her”, “it”, or “them”, respectively, as the
number and gender of the party or parties referred to in each case require, and the number
of the verb agreeing therewith shall be construed as agreeing with the said word or
pronoun so substituted.
Dated at: Tillsonburg, ON. This 18th, day of June , 2021
PURCHASER: _________ _____________________________________
(I have the authority to bind the Corporation)
VENDOR: __________________________________________ ____
(I have the authority to bind the Corporation)
Page 114 of 122
Page 1 of 2
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to amend By-Law 2013 being a by-law to designate a certain area as an
improvement area and to establish a Board of Management therefor.
WHEREAS the Tillsonburg Business Improvement Area Board of Management
requested that the Town of Tillsonburg set a maximum charge for certain properties;
AND WHEREAS Section 208 of the Municipal Act, 2001, c. 25 allows the municipality to
establish a minimum or maximum charge or both, expressed for one or more separately
assessed properties or categories of separately assessed properties in a prescribed
class;
AND WHEREAS notice of the intention of Council to pass this by-law has been served
by mail as required under section 210 of the Municipal Act, 2001, c. 25.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. Section 12 to be amended to add:
12.1 Despite section 12 and as provided by subsection 208(3) of the Municipal
Act, the aggregate amount payable by Parcel 1, as described in Schedule “B”,
shall not exceed the maximum special charge of forty-three percent (43%) of the
Board’s budget in any taxation year and the aggregate amount payable by Parcel
2, as described in Schedule “B”, shall not exceed the maximum special charge of
seven percent (7%) of the Board’s budget in any taxation year.
12.2 Despite section 12 and as provided by subsection 208(3) of the Municipal
Act, the aggregate amount payable by Parcel 1, as described in Schedule “B”,
shall not fall below the minimum special charge of forty-three percent (43%) of
the Board’s budget in any taxation year and the aggregate amount payable by
Parcel 2, as described in Schedule “B”, shall not fall below the minimum special
charge of seven percent (7%) of the Board’s budget in any taxation year.
12.3 “Parcels” shall mean those lands identified on the assessment roll returned
in 2020 for taxation in 2021 as roll numbers 3204 030 030 08000 0000, and 3204
030 030 08301 0000 for 164, 170, 200, and 248 Broadway] as being separately
assessed for taxation purposes and which are more particularly outlined and
Page 115 of 122
By-Law 2021-___
Page 2 of 2
identified on the attached Schedule “B”. If the foregoing assessment roll numbers
are changed, consolidated or subdivided, Parcels shall mean those lands
outlined and identified on Schedule “B”.
12.4 If necessary for a fiscal year to raise the amount referred to in section 12
because the maximum charge applies to the Parcels, the municipality shall for
the year adjust any charges applicable to the remaining individual properties in
The Tillsonburg Downtown Improvement Area by adjusting the percentage of
assessment established under section 12 for those properties in proportion to the
assessed value of the real property, as provided for in paragraph 208(4)(b) of the
Municipal Act.
2. That these amendments to By-Law 2013 are hereby declared to be part of that
By-Law as if written therein.
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of JULY, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 116 of 122
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to amend By-Law 2021-062 being a by-law to provide for the adoption
of budgetary estimates, tax rates and to further provide for penalty and interest in
default of payment thereof for 2021.
WHEREAS it is deemed necessary and expedient to amend By-Law 2021-062.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That Schedule A to By-Law 2021-062 be deleted and replaced with the attached
Schedule A.
2. That these amendments to By-Law 2021-062 are hereby declared to be part of
that By-Law as if written therein.
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of JULY, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 117 of 122
Schedule "A" 2021 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01345812 0.00104168 0.01449980 R1 FARMLAND DEV PH 1 0.00354905 0.00000000 0.00068850 0.00423755 0.00423755 MT MULTI-RESIDENTIAL 0.01577356 0.00734074 0.00153000 0.02538624 0.00208337 0.02746961 NT NEW MULTI-RESIDENTIAL 0.00788678 0.00367037 0.00153000 0.01308715 0.01308715 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00354905 0.00165167 0.00068850 0.00588922 0.00588922 CT COMMERCIAL 0.01499908 0.00698031 0.00880000 0.03148490 0.00198107 0.00196083 0.03542680 XT COMMERCIAL NEW CONSTRUCTION 0.01499908 0.00698031 0.00880000 0.03148490 0.00198107 0.00196083 0.03542680 CU EXCESS LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.00138675 0.00137258 0.02743876 CX VACANT LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.00138675 0.00137258 0.02743876 XU COM'L NEW CONST. - EXCESS LAND 0.01049935 0.00488622 0.00880000 0.02467943 0.02467943 IT INDUSTRIAL 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 JT INDUSTRIAL NEW CONSTRUCTION 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 IU EXCESS LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 IX VACANT LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 LT LARGE INDUSTRIAL 0.02074223 0.00965307 0.00880000 0.04017095 0.04017095 LU EXCESS LAND 0.01348245 0.00627450 0.00880000 0.02919112 0.02919112 PT PIPELINES 0.00993182 0.00462210 0.00880000 0.02382108 0.02382108 FT FARMLAND 0.00171695 0.00079904 0.00038250 0.00297925 0.00297925 GT PARKING LOT 0.01499908 0.00698031 0.00880000 0.03148490 0.00196083 0.03344573 Page 118 of 122
Page 1 of 2
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to amend By-Law 3798 being a by-law to prohibit or regulate signs
and other advertising devices and the posting of notices within the Town of
Tillsonburg.
WHEREAS it is deemed necessary and expedient to amend By-Law 3798 to allow
businesses to advertise more aggressively during the re -opening and recovery phase of
the COVID-19 pandemic.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That section 8.6 Mobile Signs (f) be amended to delete the following:
“and between May 15, 2020 and May 15, 2021 which are permitted 365 days
within the 12 month period.”
2. That section 8.6 Mobile Signs (f) be amended to add the following:
“and between July 13, 2021 and May 31, 2022 which are permitted 365 days
within the 12 month period.”
3. That the definition of Temporary Banner Sign under section 2.1 Definitions be
amended to delete the following:
“May 15, 2020 and December 31, 2020.”
4. That the definition of Temporary Banner Sign under section 2.1 Definitions be
amended to add the following:
“July 13, 2021 and May 31, 2022.”
5. THAT these amendments to By-Law 3798 are hereby declared to be part of that
By-Law as if written therein.
Page 119 of 122
By-Law 2021-___
Page 2 of 2
6. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of JULY, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 120 of 122
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-___
A BY-LAW to amend Schedule A of By-Law 2020-004, being a Schedule of Fees
for certain Municipal applications, services and permits in the Town of
Tillsonburg.
WHEREAS it is deemed necessary and expedient to amend Schedule A of By-Law
2021-004.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That Schedule A of By-Law 2021-004 be amended to delete the following:
Permit fees - signs - mobile $30.00
2. That these amendments to Schedule A of By-Law 2021-004 are hereby declared
to be part of that By-Law as if written therein.
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of JULY, 2021.
___________________________
MAYOR – Stephen Molnar
______________________________
CLERK – Michelle Smibert
Page 121 of 122
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-071
A BY-LAW to confirm the proceedings of Council at its meeting held on July 12,
2021.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meeting held on July 12, 2021, with respect to every report, motion, by-law, or other
action passed and taken by the Council, including the exercise of natural person
powers, are hereby adopted, ratified and confirmed as if all such proceedings were
expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. That this By-Law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th DAY OF JULY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF JULY, 2021.
________________________________
MAYOR – Stephen Molnar
_______________________________
CLERK – Michelle Smibert
Page 122 of 122