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230109 Regular Council AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, January 9, 2023 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Moment of Silence 4.Adoption of Agenda Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of January 9, 2023, be approved. 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council Budget meeting minutes dated December 7, 2022 and the Council meeting minutes dated December 12, and December 19, 2022, be approved. 7.Presentations 7.1 Staff Employee Recognition Presented by: Kyle Pratt, Chief Administrative Officer 8.Public Meetings 8.1 Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP 22-14-7, SB 22-04-7 & ZN 7-22-12 - Gene Sandham Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council approve in principle the zone change application (File No. ZN 7-22-13) submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612 in the Town of Tillsonburg, to rezone the lands Low Density Residential Type 1 Holding Zone, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 22-14-7), submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg, to redesignate the subject lands from ‘Open Space’ to ‘Residential’ & ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting of lots for 7 single detached dwellings; AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 22-04-7, submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R- 9612, in the Town of Tillsonburg, consisting of 7 lots for single-detached dwellings, subject to the conditions of draft approval contained in staff report CP 2022-421 dated January 9, 2023. 9.Planning Reports 10.Delegations 10.1 Andrew Stancek, Dawn Vanatter, Jerry Claessens Re: Support for homeless shelter Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Andrew Stancek, Dawn Vanatter, Jerry Claessens as information. 10.2 Jim Donaldson Re: Recreation Sports Tennis, Paddle Ball, Pickleball Proposed Resolution # Moved By: ________________ Seconded By: ________________ Page 2 of 238 THAT Council receives the delegation from Jim Donaldson as information. 11.Deputation(s) on Committee Reports 12.Information Items 12.1 Oxford Invitational Youth Robotics Challenge Wrap Up Letter 12.2 City of Toronto Re: Update on Bill 23 More Homes Built Faster Act, 2022 12.3 Oxford County Re: More Homes Built Faster Act, 2022, and Bill 39, Better Municipal Governance Act, 2022 12.4 Ministry of Municipal Affairs and Housing Re: More Homes Built Faster Act, 2022 Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receive the correspondence from the Oxford Invitational Youth Robotics Challenge dated 2022, the correspondence from the City of Toronto dated November 25, 2022, the correspondence from Oxford County dated December 14, 2022 and the correspondence from the Ministry of Municipal Affairs and Housing dated January 4, 2023, as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Corporate Services 13.2.1 CS 23-01 Committee Member Selection Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives report CS 23-01 Committee Member Selection; AND THAT a by-law to appoint members to Town of Tillsonburg Council advisory committees be brought forward for Council's consideration; AND THAT staff coordinate with local schools for applications to the Youth Engagement & Strategy Committee; AND THAT staff advertise for one vacancy on the Affordable & Attainable Housing Committee; Page 3 of 238 AND FURTHER THAT the Economic Development Advisory Committee Terms of Reference be revised to allow for a maximum of eleven members. 13.3 Economic Development 13.4 Finance 13.4.1 2023 Budget Deliberations 13.4.1.1 EDM 23-01 Budget White Paper - Project Management Consultant to Expedite Industrial Land Development Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT report EDM 23-01 Project Management Consultant to Expedite Industrial Land Development Budget White Paper be received as information; AND THAT a Request for Proposal for a Project Management Consultant be prepared and released with the intent of facilitating the timely development and approval of Phases 2 and 3 of the Van Norman Innovation Park; AND THAT the costs for a Project Management Consultant, and associated design/ approvals, be funded from the Economic Development Reserve up to a maximum of $250,000 with an annual report being brought back to Council for information. 13.4.1.2 EDM 23-02 - Budget White Paper - Review of Southwestern Ontario Marketing Alliance Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT report EDM 23-02 Review of Southwestern Ontario Marketing Alliance Budget White Paper be received for information. 13.4.1.3 FIN 23-04 - Budget Whitepaper - Council Budget Increase Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT report FIN 23-04 Council 2022 to 2023 Budget Variance Page 4 of 238 Budget White Paper be received as information. 13.4.1.4 FRS 23-01 Budget White Paper - Fire Service Medical Response White Paper Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT report FRS 23-01 Fire Service Medical Response Information Budget White Paper be received as information; AND THAT Council direct the Fire Chief to provide the current level of tiered medical response services to the community in accordance with the Tiered Response Agreement between the Town of Tillsonburg and the County of Oxford Paramedic Services dated September 23, 2019. 13.4.2 FIN 23-01 Interim 2023 Tax Levy By-Law Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT report FIN 23-01 2023 Interim Tax Levy be received for information; AND THAT the 2023 Interim Tax Levy By-Law be brought forward for Council’s consideration. 13.4.3 FIN 23-02 2023 Borrowing By-Law Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 23-02 2023 Borrowing By-law; AND THAT a By-Law to authorize the borrowing of money to meet current expenditures of the Town of Tillsonburg for the 2023 fiscal year be brought forward for Council's consideration. 13.4.4 FIN 23-03 Delegation of Authority, Tax Adjustments and Apportionments Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 23-03 Delegation of Authority, Tax Adjustments and Apportionments, as information; Page 5 of 238 AND THAT a By-Law to amend By-Law 2020-091 Delegation of Powers and Duties, to include a delegation of authority for property tax adjustments and apportionments under Sections 356, 357, 357.1, 358 & 359 of the Municipal Act, 2001, c.25 to the Director of Finance / Treasurer or delegate, be brought forward at the next regular Council meeting for Council’s consideration. 13.5 Fire and Emergency Services 13.6 Operations and Development 13.6.1 OPD 23-01 Bridges Subdivision Road Naming Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council approves “Greenhill Drive”, “Clubhouse Way”, and “Eagles Court” as road names for the Bridges subdivision. 13.6.2 OPD 23-02 Subdivision and Road Naming – Cranberry Road Subdivision Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council approves “Cranberry Road Subdivision” as a subdivision name; AND THAT Council approves “Ambkot Crescent” as a road name for the Cranberry Road Subdivision. 13.6.3 OPD 23-03 Overnight Winter Parking Enforcement Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT a By-Law to appoint Jeff VanGulk, Darryl Nesplic, and Angela Hughes as Municipal Law Enforcement Officers for the Town of Tillsonburg be brought forward for Council’s consideration. 13.6.4 OPD 23-04 Traffic By-Law Housekeeping Amendments Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT a By-Law to amend By-Law 2022-029, being a by-law to regulate Page 6 of 238 traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council’s consideration. 13.7 Recreation, Culture and Parks 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes 15.2 Long Point Region Conservation Authority Minutes Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Minutes dated November 2 and November 9, 2022, as information. 15.3 Tillsonburg Police Service Boards Minutes and Reports Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg Police Service Boards Minutes and Reports dated November 16, 2023, as information. 16.Motions/Notice of Motions 16.1 Land Acknowledgement Proposed Resolution # Moved By: Deputy Mayor Beres Seconded By: ________________ THAT the Town of Tillsonburg's formal Land Acknowledgement be read as, "Today we recognize the Indigenous peoples as the customary keepers and defenders of the Great Turtle Island, it’s waters and it’s lands. We honour their long history and welcoming others to this beautiful territory. Our aim is to uphold and uplift their voices and values as our Host Nation." at the beginning of each Council meeting. 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 A By-Law to Enter into an Airport Land Lease with 1467246 Ontario Inc. Page 7 of 238 18.2 A By-Law to appoint members to Town of Tillsonburg Council advisory committees 18.3 A By-Law to provide for an Interim Tax Levy for the year 2023 18.4 A By-Law to authorize the borrowing of money to meet current expenditures of the Council of the Corporation of the Town of Tillsonburg (the "Municipality") during the Fiscal Year Ending December 31, 2023 18.5 A By-Law to appoint Municipal Law Enforcement Officers 18.6 A By-Law to amend By-Law 2022-029 (Traffic By-Law) Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT A By-Law to Enter into an Airport Land Lease with 1467246 Ontario Inc.; and A By-Law to appoint members to Town of Tillsonburg Council advisory committees; and A By-Law to provide for an Interim Tax Levy for the year 2023; and A By-Law to authorize the borrowing of money to meet current expenditures of the Council of the Corporation of the Town of Tillsonburg (the "Municipality") during the Fiscal Year Ending December 31, 2023; and A By-Law to appoint Municipal Law Enforcement Officers; and A By-Law to amend By-Law 2022-029 (Traffic By-Law), 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. 19.Confirm Proceedings By-law Proposed Resolution # Moved By: ________________ Seconded By: ________________ THAT By-Law 2023-001, to Confirm the Proceedings of the Council Meeting held on January 9, 2023, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Items of Public Interest 21.Adjournment Proposed Resolution # Page 8 of 238 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of January 9, 2023 be adjourned at ___ p.m. Page 9 of 238 1 The Corporation of the Town of Tillsonburg Council Budget Meeting MINUTES Wednesday, December 7, 2022 9:00 AM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Gilvesy Deputy Mayor Beres Councillor Luciani Councillor Parker Councillor Rosehart Councillor Spencer Councillor Parsons Staff: Kyle Pratt, Chief Administrative Officer Shane Caskanette, Fire Chief Cephas Panschow, Development Commissioner Laura Pickersgill, Executive Assistant/Assistant Clerk Cheyne Sarafinchin, Financial and Budget Analyst Julie Columbus, Director of Recreations, Culture & Parks Johnathon Graham, Director of Operations & Development Ravi Baichan, General Manager, Hydro Operations _____________________________________________________________________ 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Resolution # 2022-406 Page 10 of 238 2 Moved By: Councillor Parker Seconded By: Councillor Spencer THAT the Agenda as prepared for the Council Budget meeting of Wednesday, December 7, 2022, be adopted. Carried 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Finance 5.1 Budget Deliberations Renato Pullia, Interim Director of Finance and Treasurer provided an overview of the draft budget and Asset Management/Capital Budget Review. Julie Columbus, Director of Recreation, Culture and Parks provided an overview of Asset Management for Recreation, Culture and Parks. Johnathon Graham, Director of Operations and Development provided an overview of Asset Management for Operations and Development. Members of the Senior Leadership Team provided summaries of their 2023 Business Plans. Staff to bring back information at the next meeting regarding the difference in the Council 2022 to 2023 budget. Opportunity was provided for members of Council to ask questions. Resolution # 2022-407 Moved By: Councillor Parker Seconded By: Councillor Parsons THAT Council receives the budget overview report be received, as information. Carried Resolution # 2022-408 Moved By: Councillor Parker Seconded By: Councillor Rosehart Page 11 of 238 3 THAT a white paper report be brought forward to council in regards to the costs associated with residential sidewalk plowing and any risks that may come with removing the program. Carried Resolution # 2022-409 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT a white paper report be brought back to Council with regards to the proposed leaf pickup program that was brought forward in 2022. Carried Resolution # 2022-410 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT a report be added to the By-Law business plan to review the possibility of having by-law enforcement adjusted to cover overnight hours to alleviate the stress that bylaw enforcement causes on the OPP. This should include costs and or potential revenue that could be generated. Carried Resolution # 2022-411 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council receives the overview of Asset Management, Finance Strategy and Strategic Goals presentation, as information. Carried Resolution # 2022-412 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT project X-51 New- ATV be moved from the 2023 draft budget to the 2024 draft budget. Page 12 of 238 4 Carried Resolution # 2022-413 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT a white paper be prepared in this budget cycle regarding emergency medical alarm response times based on research from similar demographical municipalities. Carried Resolution # 2022-414 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT a white paper be brought back to Council regarding the SOMA program and the benefits of a SOMA membership. Carried Resolution # 2022-415 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT a white paper be brought back to direct staff to look into constraints and advantages of membership only access to tennis courts and in the future pickle ball courts, and reviewing membership fee variable options. Carried Resolution # 2022-416 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the department 2023 business and capital plans, as information. Carried Page 13 of 238 5 5.2 2023 Part-Time Labour Budget Variances There were no questions on this item. 5.3 Consumer Price Index Rates There were no questions on this item. 5.4 Budget Survey Review Members of Council thanked the public for their participation in the budget survey. Resolution # 2022-417 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the December 19, 2022 Council Budget Meeting be cancelled. Carried 6. Motions/Notice of Motions 7. Confirm Proceedings By-law Resolution # 2022-418 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2022-084, to Confirm the Proceedings of the Council Meeting held on Wednesday, December 7, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 8. Ad journment Resolution # 2022-419 Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT the Council meeting of Wednesday, December 7, 2022 be adjourned at 1:54 p.m. Page 14 of 238 6 Carried Page 15 of 238 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, December 12, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Gilvesy Deputy Mayor Beres Councillor Luciani Councillor Parker Councillor Rosehart Councillor Spencer Councillor Parsons Staff: Kyle Pratt, Chief Administrative Officer Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Laura Pickersgill, Executive Assistant/Assistant Clerk Julie Columbus, Director of Recreations, Culture & Parks Johnathon Graham, Director of Operations & Development _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Moment of Silence 3. Adoption of Agenda Resolution # 2022-420 Page 16 of 238 2 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Council meeting of Monday, December 12, 2022, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof Councillor Rosehart declared pecuniary interest on the following items: 1. Item 10.1 in open session (Tillsonburg BIA Appointment) with the reason being that her son is being appointed. 2. Item 12.7.2 in open session (Awarding RFP 2022-03 - Snack Bar and Concession Lease) with the reason being that a family member will receive a financial gain. Mayor Gilvesy declared a pecuniary interest on the following item: 1. Item 10.1. in open session (Tillsonburg BIA Appointment) with the reason being that her sister is being appointed. No other disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2022-421 Moved By: Councillor Rosehart Seconded By: Councillor Spencer THAT the minutes of the Council orientation session meetings of November 21 and November 22, 2022 and the Council meeting minutes of November 21, 2022, be approved. Carried 6. Presentations 6.1 Soccer Fields Request Brett Harrington, John Twinem and Michael Papaioannou provided an overview of the soccer fields request from Tillsonburg Football Club. Opportunity was provided for members to ask questions. Page 17 of 238 3 Resolution # 2022-422 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council receives the Soccer Fields Request Delegation, as information; AND THAT the presentation be sent to the Recreation and Sports Advisory Committee and the Parks, Beautification and Cemeteries Committee for comment. Carried 6.2 Mobile Outreach Bus Abbie Boesterd, Oxford County Community Health Centre, Outreach Worker provided an overview of services available through the Mobile Outreach Program. Opportunity was provided for members to ask questions. Resolution # 2022-423 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council receives the Mobile Outreach Bus Presentation, as information. Carried 6.3 Petition- Heavy Trucks- Goshen, Ontario, Ball, Lincoln and Tillson Streets Marian Smith provided an overview of the petition for heavy truck usage on residential streets. Opportunity was provided for members to ask questions. Resolution # 2022-424 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT Council receives the Petition- Heavy Trucks- Goshen, Ontario, Ball, Lincoln and Tillson Streets, as information; Page 18 of 238 4 AND THAT the information be provided to the Traffic Advisory Committee. Carried 6.4 Long-Term Service Award for Deputy Mayor Beres Mayor Gilvesy presented Deputy Mayor Beres with the long-term service award. Resolution # 2022-425 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT Council receives the Long-Term Service Award for Deputy Mayor Beres, as information. Carried 7. Public Meetings Resolution # 2022-426 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 7:10 P.M. Carried 7.1 Application for Minor Variance A13-22 53 Queen Street Justin Miller, Planner, Oxford County provided an overview of the application. Opportunity was provided for members to ask questions. Jason Hunwicks, applicant, spoke in favour of the application. There were no persons present to speak in opposition to the application. Resolution # 2022-427 Moved By: Councillor Rosehart Seconded By: Councillor Spencer Page 19 of 238 5 That the Town of Tillsonburg Committee of Adjustment approve Application File A13/22 submitted by Town of Tillsonburg Non-Profit Housing Corporation, for lands described as Lots 459, 460-462, 464, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 10.4.2.2 – Net Residential Density, to increase the maximum permitted net residential density from 144.9 dwelling units per hectare (58.7 dwelling units per acre) to 149.8 dwelling units per hectare (60.6 dwelling units per acre); 2. Relief from Section 10.2.1- Children’s Outdoor Play Area for Apartment Dwellings, to reduce the minimum required children’s outdoor play area from 1 m2 per unit to nil; 3. Relief from Section 10.4.2.3.2 – Number of Apartment Units, to increase the total permitted number of apartment units from 60 to 62, to facilitate the creation of 2 new affordable apartment dwellings within an existing apartment building. Carried Resolution # 2022-428 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council move out of Committee of Adjustment and move back into regular Council session at 7:21 P.M. Carried 8. Planning Reports 8.1 Application for Consent B22-58-7 110 Concession St W Justin Miller, Planner, Oxford County provided an overview of the application. Opportunity was provided for members to ask questions. Resolution # 2022-429 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani Page 20 of 238 6 THAT The Council of the Town of Tillsonburg advise the Oxford County Land Division Committee that the Town supports the application for consent as the proposed lot to be severed. Carried 9. Deputation(s) on Committee Reports 9.1 DTBIA Board of Management 2023-2026 Deputy Mayor Beres took over as Chair for item 9.1. Resolution # 2022-430 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT the following individuals be appointed to the DTBIA Board of Management for the term of 2023-2026: • Ben Cressman • Brandon Thompson • Cedric Tomico • Cheryl Fody • Emily Odorjan • Jessy Rhora • Marcel Rosehart • Mark Tedesco • Michelle Gleeson • Mike Bossy • Wendy Cameron Carried 10. Information Items Mayor Gilvesy took back the Chair at 7:35 p.m. Page 21 of 238 7 10.1 Town of Tillsonburg's Response to Bill 23 More Homes Built Fast Act 2022 10.2 Long Point Region Conservation Authority Calls on Province to Reconsider Bill 23 10.3 Watson & Associates Economists Ltd. Assessment of Bill 23 10.4 MNRF- Changes under the Oil, Gas and Salt Resources Act- Geologic Carbon Storage Resolution # 2022-431 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT Council receives the correspondence dated November 24, 2022 to the Ministry of Municipal Affairs and Housing, correspondence dated November 22, 2022 from Long Point Region Conservation Authority, Watson and Associates Economist Limited dated November 17, 2022 and correspondence from the Ministry of Natural Resources and Forestry, as information. Carried 10.5 Tillsonburg Hydro Inc. MOU Review Committee Resolution # 2022-432 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council appoints CAO Kyle Pratt, Mayor Deb Gilvesy, Deputy Mayor Beres and Councillor Chris Parker to participate in the THI Board's MSA/MOUD Review Committee. Carried 11. Staff Reports 11.1 Chief Administrative Officer 11.2 Corporate Services 11.2.1 CS 22-33 Cultural Grants Request Forge Fest Resolution # 2022-433 Page 22 of 238 8 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Council receives report CS 22-33 Cultural Grant Funding Request, as information; AND THAT the Council authorizes the funding in the amount of $600.00 to Forge Fest as a cultural grant to assist in costing involved with the concert series held at the Station Arts Centre. Carried 11.2.2 CS 22-35 Amendments to Procedural By-Law- Electronic meetings Resolution # 2022-434 Moved By: Councillor Luciani Seconded By: Councillor Spencer THAT Council receives CS 22-35, Amendments to Procedural By- Law; AND THAT Council direct staff to bring back an amendment to the procedural by-law to allow for electronic participation in meetings for reasons other than for emergencies and pandemic reasons as currently stated, consistent with the Township of Zorra model. Councillor Parker called for a recorded vote. Mayor Gilvesy - Yes Deputy Mayor Beres - Yes Councillor Luciani - Yes Councillor Parker - No Councillor Rosehart - No Councillor Spencer - Yes Councillor Parsons - Yes Carried 11.2.3 CS 22-34 Traffic Advisory Committee Resolution # 2022-435 Page 23 of 238 9 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report CS 22-34 Traffic Advisory Committee; AND THAT Council adopts the drafted Terms of Reference for the Traffic Advisory Committee. Carried 11.3 Economic Development 11.3.1 EDM 22-29 Offer to Purchase- 1410 Bell Mill Sideroad Resolution # 2022-436 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Metalfer Iron Designs Inc for the Unopened Right-of-Way, described as a Road Allowance Between Concession 3 and 4, North of Talbot Road, Middleton, East of Bell Mill Sideroad and West of Portion 25 on 431429. Carried 11.4 Finance 11.4.1 FIN 22-29 - Property Tax Arrears Resolution # 2022-437 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT Council receives report FIN 22-29 - Property Tax Arrears as information. Carried 11.4.2 FIN 22-30 - 2023 Updated Rates and Fees - Follow Up Resolution # 2022-438 Page 24 of 238 10 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT Council receives report FIN 22-30 2023 Rates and Fees; AND THAT a By-Law to provide a schedule of fees for certain municipal applications, services, and permits be brought forward for Council consideration. Carried 11.5 Fire and Emergency Services 11.5.1 FRS 22-05 Revised Emergency Management By-law and Program Report Resolution # 2022-439 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Council receives Report FRS 22-05 Revised Emergency Management By-law and Program Report; AND THAT the attached By-law and Town of Tillsonburg Emergency Management Program be adopted by Council. Carried 11.6 Operations and Development 11.7 Recreation, Culture and Parks 11.7.1 RCP 22-25 Amendment to RZone Policy December 2022 Resolution # 2022-440 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receives report RCP-22-25, Amendment to Policy 9- 009-: RZone Policy; AND THAT Council approves and adopts the revised RZone Policy for the Town of Tillsonburg as presented; Page 25 of 238 11 AND THAT a By-Law to amend By-Law 4340, RZone Policy, be brought forward for Council’s consideration. Carried 11.7.2 RCP 22-26 - Awarding RFP 2022-03 - Snack Bar and Concession Lease Resolution # 2022-441 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 22-26 Concession Lease – Awarding RFQ 2022-003 – TCC Snack Bar & Waterpark Concession Lease; AND THAT the lease for the concession at the Tillsonburg Community Centre be awarded to Chrissy’s Catering for the term of January 1, 2023 through December 31, 2025, at the annualized rate of $4,500.00 plus HST; AND THAT the one-year pilot lease for the Waterpark Concession is included in the contract for the term of June 17, 2023 – September 4, 2023 at a total rate of $800.00; AND THAT a By-law is brought forward for approval once the contract is signed. Carried 11.7.3 RCP 22-27 - Arena Dehumidifier Replacement Resolution # 2022-442 Moved By: Councillor Luciani Seconded By: Councillor Parsons That Report RCP 22-27 Recreation, Culture & Parks – Arena Dehumidifier Replacement, be received; and THAT the quote provided by CIMCO Refrigeration for $152,769 + HST, to supply and install a dehumidifier unit for the arena be approved. Page 26 of 238 12 Carried 11.7.4 RCP 22-28 Facility Asset Management Audit Report Resolution # 2022-443 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT Report RCP 22-28 Facility Asset Management Audit Report prepared by Roth Integrated Asset Management Strategies (IAMS) Inc. be received as information; and THAT Staff use the data provided in the audit to help guide the RCP 10 year capital budget and beyond, as part of the overall Corporate Facility Asset Management Plan. Carried 11.8 Mayor's Office 11.8.1 MYR 22-03 CAO Performance Appraisal Committee Resolution # 2022-444 Moved By: Councillor Parker Seconded By: Councillor Luciani That a CAO Performance Appraisal Committee be formed consisting of Mayor Gilvesy, Councillor Parker and Councillor Luciani. Carried 12. New Business 13. Consideration of Committee Minutes 13.1 Committee Minutes Resolution # 2022-445 Moved By: Councillor Rosehart Seconded By: Councillor Parker Page 27 of 238 13 THAT Council receives the following Tillsonburg Advisory Committee Minutes as information: • November 14, 2022 Tillsonburg Transit Advisory Committee Minutes • October 26, 2022 and November 23, 2022 Affordable and Attainable Housing Advisory Committee Minutes • November 8, 2022 Economic Development Advisory Committee Minutes • November 16, 2022 Boundary Adjustment Committee Minutes Carried 13.2 Police Services Board Minutes Resolution # 2022-446 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receives the Police Services Board minutes dated September 21, 2022 and October 19, 2022, as information. Carried 14. Motions/Notice of Motions 14.1 Town Owned Lands List Resolution # 2022-447 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT a staff report be brought forward to Council to provide a list of all Town owned lands, excluding ravines. Carried 14.2 OGRA Board of Directors Resolution # 2022-448 Page 28 of 238 14 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council supports the nomination of Councillor Chris Parker to the Ontario Good Roads Association Board of Directors. Carried 15. Resolutions/Resolutions Resulting from Closed Session 16. By-Laws 16.1 By-Law 2022-073, to establish policies and procedures for the procurement of goods and services and the disposal of surplus goods for the Corporation of the Town of Tillsonburg and to repeal By-Law 2020-070 16.2 By-Law 2022-078, to enter into Airport Hanger Land Lease with Mark Kniss 16.3 By-Law 2022-080, to authorize the execution of an agreement of Purchase and Sale with Metalfer Iron Designs Inc. 16.4 By-Law 2022-081, to Appoint a Deputy Mayor for the Town of Tillsonburg 16.5 By-Law 2022-082, to appoint an Alternate Member to Upper-Tier Council 16.6 By-Law 2022-083, to establish a Tillsonburg Emergency Management Program (revised) 16.7 By-Law 2022-086, to Amend By-Law 4340 RZone Policy 16.8 By-Law 2022-087, to provide a schedule of fees for certain municipal applications services and permits Resolution # 2022-449 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT By-Law 2022-073, to Establish Policies and Procedures for the procurement of goods and service and the disposal of surplus good for the Town of Tillsonburg and to repeal By-Law 2020-070; and Page 29 of 238 15 By-Law 2022-078, to enter into an Airport Hanger Land Lease with Mark Kniss; and By-Law 2022-080, to authorize the execution of an agreement of Purchase and Sale with Metalfer Iron Designs Inc.; and, By-Law 2022-081, to appoint a Deputy Mayor for the Town of Tillsonburg; and By-Law 2022-082, to appoint an Alternate Member Upper-Tier Council; and By-Law 2022-083, to establish a Tillsonburg Emergency Management Program; and By-Law 2022-086, to Amend By-Law 4340 RZone Policy; and By-Law 2022-087, to provide a schedule of fees for certain municipal applications, services and permits 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 17. Confirm Proceedings By-law Resolution # 2022-450 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT By-Law 2022-085, to Confirm the Proceedings of the Council Meeting held on Monday, December 12, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 18. Items of Public Interest Congratulations to the U11 Atom Rep Team for winning the Silver Stick tournament. Developer of the Stationview property is happening on December 13th from 4-9 pm at the Lions Auditorium. Page 30 of 238 16 THI is launching a new website shortly. Please ensure you change your smoke alarm batteries. There have been many false alarm calls due to batteries not being changed in smoke alarms. The new Town app can be downloaded on iPhone and Android devices. Please follow the rules of the outdoor skating rink to ensure it can continue to be enjoyed safely by all. 19. Adjournment Resolution # 2022-451 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT the Council meeting of Monday, December 12, 2022 be adjourned at 8:26 p.m. Carried Page 31 of 238 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, December 19, 2022 9:30 AM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Councillor Beres Mayor Gilvesy Councillor Luciani Councillor Spencer Councillor Parsons Regrets: Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Laura Pickersgill, Executive Assistant/Assistant Clerk Julie Columbus, Director of Recreations, Culture & Parks Johnathon Graham, Director of Operations & Development _____________________________________________________________________ 1. Call to Order The meeting was called to order at 9:32 a.m. 2. Closed Session Resolution # 2022-452 Moved By: Councillor Beres Seconded By: Councillor Parsons Page 32 of 238 2 THAT Council move into Closed Session to provide education and training to the Council Members. Municipal Act, 2001, Section 239 (2g) and (3.1). Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adjournment The meeting adjourned at 1:23 p.m. Page 33 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP 22-14-7, SB 22-04-7 & ZN 7-22-12 – Gene Sandham REPORT HIGHLIGHTS  The purpose of the Official Plan amendment, Draft Plan of Subdivision and zone change applications is to facilitate the creation of 7 lots for single detached dwellings, in a new residential plan of subdivision.  No concerns were identified with the proposed re-designation and rezoning of the lands from Open Space to residential.  The proposal is consistent with the relevant policies of the Provincial Policy Statement and supports the strategic initiatives and objectives of the Official Plan, and can be supported from a planning perspective. DISCUSSION Background OWNER: Gene Sandham 711 Oak Grove Place, London ON N6K 4W7 AGENT: Trevor Benjamins, Cyril J. Demeyere Limited 261 Broadway, Tillsonburg ON N4G 4H8 LOCATION: The subject lands are described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg. The lands are located on the west side of Young Street, between Rouse Street and Highway 3, and are known municipally as 91 Young Street, Tillsonburg. Page 34 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 2 of 10 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule ‘T-1’ Town of Tillsonburg Open Space Land Use Plan Proposed: Schedule ‘T-1’ Town of Tillsonburg Residential Land Use Plan Schedule ‘T-2’ Town of Tillsonburg Low Density Residential Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW 3295 Existing Zoning: Special Passive Use Open Space Zone (OS1-3) Proposed Zoning: Low Density Residential Type 1 Zone (R1) Recommended Zoning: Low Density Residential Type 1 Holding Zone (R1-H) PROPOSAL: The proposed Official Plan Amendment (OPA) would change the designation of the subject property on Schedule “T-1”, Town of Tillsonburg Land Use Plan, from Open Space to Residential as well as change the designation of Schedule “T-2,” Town of Tillsonburg Residential Density Plan, from Open Space to Low Density Residential. The OPA would also remove the Open Space designation on Schedule “T-3”, Town of Tillsonburg Leisure Resources and School Facilities Plan. The application for Draft Plan of Subdivision will facilitate the creation of 7 lots for single-detached dwellings, fronting on Young Street. The Zone Change application proposes to rezone the lands from ‘Special Passive Use Open Space Zone (OS1-3)’ to ‘Low Density Residential Type 1 Zone (R1)’ to facilitate the above noted Draft Plan of Subdivision. No special zoning provisions have been requested. The applicant has provided the following studies in support of the applications:  Functional Servicing Report, June 22, 2022, CJDL Consulting Engineers Limited  Planning Justification Report, June 20, 2022, CJDL Consulting Engineers Limited  Stage 1 & 2 Archaeological Assessment, November 2021, Lincoln Environmental Consulting Corporation The subject lands comprise approximately 0.59 ha (1.46 ac) and contain a single detached dwelling (circ. 1950) and detached garage at the northern portion of the property. The existing dwelling is currently served by a private septic system. The subject property is relatively flat and is grassed with trees. Surrounding uses include Highway 3 to the north, a place of worship to the east, and single detached dwellings fronting on Young Street to the south. Lands to the west are associated with a golf course use. Page 35 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 3 of 10 Plate 1, Location Map with Existing Zoning, indicates the location of the subject site and the existing zoning in the immediate vicinity. Plate 2, 2020 Aerial Map, provides an aerial view of the subject property and surrounding area. Plate 3, Proposed Draft Plan, provides the layout of the proposed draft plan of subdivision. Application Review 2020 PROVINCIAL POLICY STATEMENT The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act. The policies of Section 1.1 state that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential uses, including an appropriate affordable and market-based range, to meet long-term needs. Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years. Within settlement areas, sufficient land shall be made available through intensification and redevelopment. Section 1.1.3 states that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land, resources, infrastructure and public service facilities. Section 1.4.3 directs that planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents;  directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available;  promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the use of active transportation;  requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations; and  establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.6.6.2 also states that intensification and redevelopment within settlement areas on existing municipal sewage and water services should be promoted, wherever feasible. Page 36 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 4 of 10 OFFICIAL PLAN The subject lands are designated ‘Open Space’, according to the Town of Tillsonburg Land Use Plan. The Open Space designation generally applies to regulatory flood plain areas, Conservation Authority Lands, public lands, Earth Science Areas of Natural and Scientific Interest, and parks, pathways, recreation areas and storm water management areas. Low Density Residential Areas are those lands that are primarily developed or planned for a variety of low rise, low density housing forms including single-detached dwellings, semi-detached, duplex or converted dwellings, quadraplexes, townhouses and low density cluster development. In these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. It is not intended that the full range of housing will be permitted in every individual neighbourhood or development. The maximum net residential density in the Low Density Residential Designation is 30 units/ha (12 units/ac) and the minimum net residential density is 15 units/ha (6 units/ac). The Low Density Residential development proposed has a net residential density of 12 units/ha (4.8 units/ac). The policies of Section 10.3.3 (Plans of Subdivision and Condominium) provide that County and Town Councils will evaluate applications for a plan of subdivision on the basis of the requirements of the Planning Act, as well as criteria including, but not limited to, the following:  Conformity with the Official Plan;  The availability of community services such as roads, water, storm and sanitary sewers, waste disposal, recyclable collection, public utilities, fire and police protection, parks, schools and other community facilities;  The accommodation of Environmental Resources and the mitigation of environmental and human-made constraints;  The reduction of any negative effects on surrounding land uses, transportation networks or significant natural features;  The design of the plan can be integrated into adjacent developments, and;  The design of the plan is to be compatible with the natural features and topography of the site, and proposals for extensive cut and fill will be discouraged. As a condition of draft plan approval, County Council will require an applicant to satisfy conditions prior to final approval and registration of the plan. The applicant will be required to meet the conditions of the draft approval within the specified time period, failing which, draft plan approval may lapse. Additionally, to provide for the fulfillment of these conditions, and f or the installation of services according to municipal standards, County Council shall require the applicant to enter into a subdivision agreement with the area municipality and, where necessary, the County, prior to final approval of the plan. ZONING BY-LAW The subject lands are currently zoned ‘Special Passive Use Open Space Zone (OS1-3)’ according to the Town’s Zoning By-law. The (OS1-3) zone permits one single detached dwelling, home occupation, and public use, subject to maintaining a 50 m (164 ft) setback from the railway and the Highway 3 Road allowance. Page 37 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 5 of 10 The applicant proposes to rezone the property to ‘Low Density Residential Type 1 Zone (R1)’. For a single detached dwelling, the ‘R1’ zone requires a minimum lot area of 315 m2 (3,390.7 ft2) for an interior lot and 480 m2 (5,166.8 ft2) for a corner lot, a frontage of 15 m (49.2 ft), a minimum lot depth of 32 m (105 ft), front yard depth of 7.5 m (24.6 ft), rear yard depth of 12 m (39.3 ft), interior side yard widths of 3 m (9.8 ft) and 1.2 m (3.9 ft), landscaped open space area of 30% and maximum lot coverage of 35%. It is recommended that Holding Provisions be utilized (as has been standard practice in the Town for draft plans of subdivision) to ensure that all appropriate development agreements are in place prior to the issuance of any building permits. AGENCY COMMENTS The Town of Tillsonburg Engineering Services Department provided the following comments:  If approved, please include the following as conditions of draft plan approval: a. The Owner agrees to satisfy all requirements, financial and otherwise, of the Town regarding the construction of roads, installation of services, including water, sewer, electrical distribution systems, street lights, sidewalks, and drainage facilities and other matters pertaining to the development of the subdivision in accordance with Town standards. b. The subdivision agreement shall contain provisions indicating that prior to grading and issuance of building permits, a grading plan, servicing plan, hydro and street lighting plan, and erosion and siltation control plan, along with reports as required, be reviewed and approved by the Town, and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be carried out any necessary works in accordance with the approved plans and reports. c. Such easements as may be required for utility or drainage purposes outside of the public right-of-way shall be granted to the appropriate authority. The Town of Tillsonburg Parks Department provided the following comments:  As no parkland is included in the proposed development, cash in lieu of parkland will be payable.  The owner shall provide an overall Landscaping Plan depicting One (1) tree per lot, in accordance with Tillsonburg’s Design Guidelines. Tree Species to satisfaction of the Town. The Oxford County Public Works Department provided the following comments:  Final watermain sizing of the proposed water distribution system within the development will be determined during detailed design;  Due to the small nature of the project, no functional servicing report is required by Oxford County;  Any additional sanitary or watermain services being extended from existing services, including extensions along Young Street will be installed at a direct cost to the developer;  A CAD file of the water main layout for the entire development showing the water main location, hydrants, valves, street and lot fabrics will be required so that it can be integrated into our modelling to ensure County model is up to date. Page 38 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 6 of 10 The following draft plan conditions should be included:  The Owner shall agree to prepare and submit for the approval of Oxford Co unty Public Works detailed, signed and stamped servicing plans designed in accordance with Oxford County Design Guidelines.  The subdivision agreement shall make provision for the assumption and operation by the County of Oxford of the water and sewage system within the road ROW subject to the approval of the County of Oxford Department of Public Works.  Prior to the final approval of the subdivision plan, the Owner shall receive confirmation from the County of Oxford Department of Public Works that there is sufficient capacity in the Tillsonburg water and sanitary sewer systems to service the plan of subdivision. Confirmation shall be given in accordance with the “Protocol for Allocation of Water and Sewage Capacity for Development”.  The Owner agrees to provide such easements as may be required for utility or drainage purposes outside of the proposed public right-of-ways which shall be granted to the appropriate authority.  The Owner agrees in writing to satisfy all the requirements, financial and otherwise, including payment of applicable development charges, of the County of Oxford regarding the installation of the water distribution system, the installation of the sanitary sewer system, and other matters pertaining to the development of the subdivision.  Prior to final approval by the County, the Owner shall properly decommission any abandoned private services (water well, cistern and/or septic system) located on the subject lands, in accordance with the Ontario Water Resources Act, R.S.O. 1990 (Ontario Regulation No. 903) and to the satisfaction of the County of Oxford Public Works Department. Long Point Region Conservation Authority indicated that the subject lands are not subject to natural hazards, do not appear to have any natural heritage features, and are not subject to the LPRCA Regulation Limit. As such, the LPRCA has no concerns with the proposal. Town of Tillsonburg Building & By-Law Services, Tillsonburg District Chamber of Commerce, and Tillsonburg BIA indicated they have no concerns respecting the proposal. PUBLIC CONSULTATION Notice of complete application was provided to surrounding property owners on August 30, 2022, and notice of public meeting was issued on November 28, 2022 & December 19, 2022 in accordance with the requirements of the Planning Act. At the time of writing this report, no comments or concerns had been received from the public. Page 39 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 7 of 10 Planning Analysis The subject applications for Official Plan amendment, draft plan of subdivision approval and zone change propose to facilitate the creation 7 lots for single detached dwellings by way of a residential plan of subdivision in the Town of Tillsonburg. It is the opinion of staff that the proposed amendments are consistent with the relevant policies of the PPS as the proposed residential development will occur on full municipal services and will provide new residential lots from an existing over-sized residential property. Planning staff are satisfied that the proposed re-designation is appropriate as the lands are not within any Locally Significant Natural Heritage Features, do not contain significant valleylands, or any natural hazards or natural heritage features that would warrant the Open Space designation. With the recent extension of municipal sanitary services on Rouse Street, the lands are now able to be suitably developed for residential purposes on full municipal services. With regard to the policies of Section 10.3 of the Official Plan (Plans of Subdivision and Condominium) which require the developer to address a series of standard review criteria concerning the adequacy of servicing, environmental impacts, cultural resources, transportation networks and integration with surrounding developments, staff note that the required studies and reports have been received and reviewed through this Office and the recommendations of these reports can be satisfactorily addressed through the inclusion of appropriate conditions of draft approval. The proposal is generally in keeping with the Plan of Subdivision policies of Section 10.3.3, and the policies of the Low Density Residential designation. Although the proposed draft plan has a net residential density of 12 units/ha (4.8 units/ac), less than the minimum density typically required, Planning staff note that the lands represent a redevelopment of an existing parcel, and the proposed lot frontages (15 m) are the minimum required for the R1 zone. The larger lot area is a result of the existing lot depth (44.32 m), and reducing the frontage of each lot further would not result in a significant increase in density. Additionally, the northerly portion of the subject property is subject to a required setback from the MTO’s Highway 3 road allowance and no additional development potential would be realized in this area. In light of this, Planning staff are of the opinion that the reduced density in this instance is generally appropriate. The requested zone change from ‘Special Passive Use Open Space Zone (OS1-3)’ to ‘Low Density Residential Type 1 Zone (R1)’ can be considered appropriate as the proposed lots will comply with the provisions of the R1 zone, and the lands are considered appropriate for their intended residential use. As per past practice with the development of subdivisions in Town, it is recommended that a Holding Provision be implemented to ensure that all development matters are appropriately addressed prior to any building permit issuance. Through the circulation process, comments were provided by Town staff and County staff respecting the preparation of required detailed engineering plans, cash in lieu of parkland, servicing requirements, and the decommissioning of the existing private septic system. These comments have been addressed through proposed conditions of draft approval, and are provided for Council’s consideration. In light of the foregoing, Planning staff are satisfied that the proposed development is consistent with the policies of the Provincial Policy Statement and supports the strategic initiatives and objectives of the Official Plan. As such, staff are satisfied that the applications can be given favourable consideration. Page 40 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 8 of 10 RECOMMENDATIONS 1. The Council of the Town of Tillsonburg approve in principle the zone change application (File No. ZN 7-22-13) submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612 in the Town of Tillsonburg, to rezone the lands Low Density Residential Type 1 Holding Zone, to facilitate the proposed draft plan of subdivision; 2. That the Council of the Town of Tillsonburg advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 22-14-7), submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg, to redesignate the subject lands from ‘Open Space’ to ‘Residential’ & ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting of lots for 7 single detached dwellings; 3. And further, the Council of the Town of Tillsonburg advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 22-04-7, submitted by Gene Sandham, for lands legally described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg, consisting of 7 lots for single-detached dwellings, subject to the following conditions of draft approval: 1. This approval applies to the draft plan of subdivision submitted by Gene Sandham, (SB 22- 04-7) and prepared by CJDL Consulting Engineers Limited, as shown on Plate 3 of Report No. CP 2022-421 and comprising Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg, showing 7 lots for single-detached dwellings. 2. The Owner shall enter into a subdivision agreement with the Town of Tillsonburg and County of Oxford. 3. The Owner agrees in writing, to install fencing as may be required by the Town, to the satisfaction of the Town of Tillsonburg. 4. The Owner agrees in writing, to satisfy all requirements, financial and otherwise, of the Town regarding construction of roads, installation of services, including water, sewer, electrical distribution systems, sidewalks, street lights, and drainage facilities and other matters pertaining to the development of the subdivision in accordance with the standards of the Town, to the satisfaction of the Town of Tillsonburg. 5. The subdivision agreement shall contain provisions indicating that prior to grading and issuance of building permits, a grading plan, servicing plan, hydro and street lighting plan, and erosion and siltation control plan, along with reports as required, be reviewed and approved by the Town, and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be carried out any necessary works in accor dance with the approved plans an reports, to the satisfaction of the Town of Tillsonburg. 6. The subdivision agreement shall contain provisions requiring the Owner provide an overall Landscaping Plan depicting at least one (1) tree per lot, in accordance with Tillsonburg’s Design Guidelines. The Town shall approve the species of tree to be planted. Page 41 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 9 of 10 7. The Owner shall make payment to the Town of Tillsonburg for cash-in-lieu of parkland, in accordance with the provisions of Section 42 of the Planning Act, to the satisfaction of the Town of Tillsonburg. 8. Prior to the approval of the final plan by the County, all lots/blocks shall conform to the zoning requirements of the Town’s Zoning By-law. Certification of lot areas, frontages, and depths shall be provided to the Town by an Ontario Land Surveyor retained by the Owner, to the satisfaction of the Town of Tillsonburg. 9. Prior to the approval of the final plan by the County, the Owner shall agree in writing that all phasing of the plan of subdivision will be to the satisfaction of the Town of Tillsonburg and County of Oxford. 10. Prior to the approval of the final plan by the County, such easements as may be required for utility and drainage purposes shall be granted to the appropriate authority, to the satisfaction of the Town of Tillsonburg and County of Oxford Public Works. 11. The Owner agrees in writing, to satisfy all the requirements, financial and otherwise, including payment of applicable development charges, of the County of Oxford regarding the installation of the water distribution system, the installation of the sanitary sewer system, and other matters pertaining to the development of the subdivision, to the satisfaction of County of Oxford Public Works. 12. The subdivision agreement shall make provision for the assumption and operation of the water and sewage system within the draft plan of subdivision by the County of Oxford, to the satisfaction of County of Oxford Public Works. 13. The Owner agrees in writing, to prepare and submit for approval from County of Oxford Public Works, detailed servicing plans designed in accordance with the County Design Guidelines, to the satisfaction of County of Oxford Public Works. 14. Prior to the final approval of the subdivision plan, the Owner shall receive confirmation from the County of Oxford Department of Public Works that there is sufficient capacity in the Tillsonburg water and sanitary sewer systems to service the plan of subdivision. Confirmation shall be given in accordance with the “Protocol for Allocation of Water and Sewage Capacity for Development”. 15. Prior to final approval by the County, the Owner shall properly decommission any abandoned private services (water well, cistern and/or septic system) located on the subject lands, in accordance with the Ontario Water Resources Act, R.S.O. 1990 (Ontario Regulation No. 903) and to the satisfaction of the County of Oxford Public Works Department. 16. Prior to the approval of the final plan by the County, the Owner shall agree in writing to satisfy the requirements of Canada Post Corporation with respect to advising prospective purchasers of the method of mail delivery; the location of temporary Centralized Mail Box locations during construction; and the provision of public information regarding the proposed locations of permanent Centralized Mail Box locations, to the satisfaction of Canada Post. Page 42 of 238 Report No: CP 2022-421 COMMUNITY PLANNING Council Date: January 9, 2023 Page 10 of 10 17. Prior to the approval of the final plan by the County, the Owner shall agree in writing, to satisfy the requirements of Enbridge Gas that the Owner/developer provide Enbridge Gas Limited with the necessary easements and/or agreements required for the provisions of gas services, to the satisfaction of Enbridge Gas Limited. 18. Prior to the approval of the final plan by the County, the Owner shall secure clearance from the Long Point Region Conservation Authority (LPRCA), indicating that final lot grading plans, soil conservation plan, and stormwater management plans have been completed to their satisfaction. 19. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2 to 10 (inclusive), have been met to the satisfaction of the Town. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. 20. Prior to the approval of the final plan by the County, the Owner shall secure clearance from the County of Oxford Public Works Department that Conditions 10 to 15 (inclusive), have been met to the satisfaction of County Public Works. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. 21. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by Canada Post Corporation that Condition 16 has been met to the satisfaction of Canada Post. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 22. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by Enbridge that Condition 17 has been met to the satisfaction of Enbridge Gas Limited. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 23. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by LPRCA that Condition 18 has been met to the satisfaction of LPRCA. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 24. Prior to the approval of the final plan by the County, the Owner shall provide a list of all conditions of draft approval with a brief statement detailing how each condition has been satisfied, including required supporting documentation from the relevant authority, to the satisfaction of the County of Oxford. 25. This plan of subdivision shall be registered within three (3) years of the granting of draft approval, after which time this draft approval shall lapse unless an extension is authorized by the County of Oxford. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 43 of 238 August 10, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 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 Nos: OP 22-14-7, SB 22-04-7, ZN 7-22-12 - Gene Sandham Part Lot 1606, Plan 500, Parts 3 & 4 of 41R-9612- 91 Young St, Town of Tillsonburg Vienna Road Subject Lands Rouse Street Young Street Young Street Highway 3 Page 44 of 238 August 10, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2020 Aerial Map File Nos: OP 22-14-7, SB 22-04-7, ZN 7-22-12 - Gene Sandham Part Lot 1606, Plan 500, Parts 3 & 4 of 41R-9612- 91 Young St, Town of Tillsonburg Highway 3 Vienna Road Rouse StreetYoung Street Subject Lands Page 45 of 238 Plate 3: Proposed Draft Plan File Nos: OP 22-14-7, SB 22-04-7, ZN 7-22-12 - Gene Sandham Part Lot 1606, Plan 500, Parts 3 & 4 of 41R-9612- 91 Young St, Town of TillsonburgPage 46 of 238 - 1 - AMENDMENT NUMBER 290 TO THE COUNTY OF OXFORD OFFICIAL PLAN the following text and schedules attached hereto, constitutes Amendment Number 290 to the County of Oxford Official Plan. Page 47 of 238 - 2 - 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to amend Schedule “T-1” – Town of Tillsonburg Land Use Plan, to re-designate the subject lands from Open Space to Residential, to amend Schedule “T-2” - Town of Tillsonburg Residential Density Plan to designate the lands as Low Density Residential, and to amend Schedule “T-2” - Town of Tillsonburg Leisure Resources and School Facilities Plan, to remove the lands from the Open Space designation. 2.0 LOCATION OF LANDS AFFECTED This amendment applies to lands described as Part of Lot 1606, Plan 500, Concession 5 NTR, Parts 3 & 4, 41R-9612, in the Town of Tillsonburg. The lands are located on the west side of Young Street, between Rouse Street and Highway 3, and are known municipally as 91 Young Street, Tillsonburg. 3.0 BASIS FOR THE AMENDMENT The proposed amendment would change the designation of the subject property on Schedule “T-1” - Town of Tillsonburg Land Use Plan, from Open Space to Residential as well as change the designation of Schedule “T-2” - Town of Tillsonburg Residential Density Plan, from Open Space to Low Density Residential. The amendment would also remove the Open Space designation on Schedule “T-3” Town of Tillsonburg Leisure Resources and School Facilities Plan. The proposed amendment will facilitate the development of a residential subdivision, consisting of 7 lots for single detached dwellings. It is the opinion of Council that the subject amendment is consistent with the relevant policies of the PPS as the proposed residential development will occur on full municipal services and will provide new residential lots from an existing over-sized residential property, using land and municipal services more efficiently. Council is satisfied that the proposed re-designation is appropriate as the lands are not within any Locally Significant Natural Heritage Features, do not contain significant valleylands, or any natural hazards or natural heritage features that would warrant the Open Space designation. With the recent extension of municipal sanitary services on Rouse Street, the lands are now able to be suitably developed for residential purposes on full municipal services. The proposal is generally in keeping with the Plan of Subdivision policies of Section 10.3.3, and the policies of the Low Density Residential designation. Although the proposed draft plan has a net residential density of 12 units/ha (4.8 units/ ac), less than the minimum density required, the lands represent a redevelopment of an existing parcel, and the proposed lot frontages (15 m) are the minimum required for the R1 zone. The larger lot area is a result of the existing lot depth (44.32 m), and reducing the frontage of each lot further would not result in a significant increase in density. Additionally, the northerly portion of the subject property is subject to a required setback from the MTO’s Highway 3 road allowance and no additional development potential would be realized in this area. In light of this, Council is of the opinion that the reduced density in this instance is generally appropriate. Page 48 of 238 - 3 - In light of the foregoing, it is the opinion of Council that the proposed Official Plan Amendment is consistent with the policies of the PPS and supports the objectives and strategic initiatives of the Official Plan. 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule “T-1” - Town of Tillsonburg Land Use Plan, is hereby amended by changing the designation of those lands identified as “ITEM 1” on Schedule “A” attached hereto from “Open Space” to “Residential”. 4.2 That Schedule “T-2” - Town of Tillsonburg Residential Density Plan, is hereby amended by changing the designation of those lands identified as “ITEM 2” on Schedule “A” attached hereto to “Low Density Residential”. 4.3 That Schedule “T-3” - Town of Tillsonburg Leisure Resources and School Facilities Plan, is hereby amended by removing the designation of those lands identified as “ITEM 3” on Schedule “A” attached hereto from “Open Space”. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. Page 49 of 238 FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV. JAN 2021 PO Box 1614 FILE NO. Woodstock ON N4S 7Y3 Tel: (519) 539-9800 DATE RECEIVED: Fax: (519) 421-4712 website: www.oxfordcounty.ca COUNTY OF OXFORD APPLICATION FOR AN AMENDMENT TO THE OFFICIAL PLAN SECTION ONE - GENERAL INFORMATION 1.Applicant: a)Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: b)Applicant’s Interest in Subject Land: __ Registered Owner __ Agreement of Purchase and Sale (attach copy) __ Mortgage __ Other (specify) 2.Registered Owner: (if other than applicant) Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: 3.Solicitor or Agent: (if any) Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: 4.Location of Subject Land: Lot Number(s) Concession / Plan No. Part Number(s) Reference Plan No. Municipality Former Municipality Street/911 Civic Address The subject land is located on the side of the Street, lying between Street and ______________________ Street. Gene Sandham gene.sandham@gmail.comN6K 4W7 N4G 4H8 tbenjamins@cjdleng.com 91 Young St, Tillsonburg, Ontario Tillsonburg West Highway 3 Rouse X Part of Lot 1606 3 and 4 41R-9612 Township of Middleton Judges Plan 500 416-402-1297 (cell) 905-939-0530 ext 23 (business) 905-939-0517 (Home) 711 Oak Grove Pl, London, Ontario Concession 5 NTR / Cyril J. Demeyere Limited - (Trevor Benjamins) 261 Broadway, P.O. Box 460, Tillsonburg, Ontario 519-777-9458 519-842-3235 519-688-1000 OP 22-14-7 28-Jun-22 000380057 Page 50 of 238 COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 2 SECTION TWO - OFFICIAL PLAN INFORMATION (Complete sections only where applicable) 5. Purpose of requested Amendment: 6. Is the application consistent with the Provincial Policy Statement, 20 14, as amended? (see Item No. 9 in the application guide) Yes No 7. Is this a request for an Amendment to a Schedule(s) of the Official Plan: (yes/no) If yes, complete the following: SCHEDULE (E.G. C-3) TITLE DESIGNATION OF SITE USES PERMITTED Existing: Proposed: 8. Is this a request for an Amendment to the text of the Official Plan: (yes/no) If yes, complete the following: a) Chapter, Section and Subsection title b) Is this section / subsection to be: Changed _____ Replaced _____ Deleted _____ c) If changed/replaced, proposed text of Amendment SECTION THREE – DESCRIPTION OF DEVELOPMENT (If specific development is proposed, complete the following) 9. Present Use of Subject Land: 10. Description of Existing Building(s) or Structure(s) on Subject Land: (Date of construction, present use) 11. Proposed Use of Subject Land: (Description of Applicant’s Proposal) 12. Proposed Buildings or Structures associated with the Proposed Land Use: (include information regarding alteration to or demolition of existing buildings or structures) Schedule T-1 Land Use Plan X No Vacant with single-detached home and garage Yes Open Space recreation, conservation areas, sports fields, golf courses Schedule T-2 Residential Density Plan Open Space Low Density Residential Residential Schedule T-2 Residential Density Plan Schedule T-1 Land Use Plan recreation, conservation areas, sports fields, golf courses Low rise, low density housing forms full range of dwelling types Creating 7 new lots with single detached residential development 6 new single detached dwellings with the existing single detached dwelling to be renovated or demolished for a total of seven single detached dwellings Single Detached Dwelling (1950) and Detached Garage (1982) Open SpaceSchedule T-3 Leisure Resources Plan Remove Designation Open SpaceSchedule T-3 Leisure Resources Plan To amend the designation of the subject property from Open Space to Residential and Low Density Residential to permit thedevelopment of a plan of subdivision for single detached residential purposes N.A. Page 51 of 238 COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 3 13. For proposed Residential development, specify: a) Gross or Net Density/Hectare b) No. of Units Type of Units 14. For proposed Commercial, Industrial, Institutional or Recreational development, specify: a) Gross Floor Area (by type of uses) b) Proposed Uses SECTION FOUR – SITE INFORMATION AND SERVICES 15. Dimensions of Subject Land: (in metric units) a) Area b) Frontage c) Depth 16. Access to Subject Land: ____ Provincial Highway ____ Unopened Road Allowance ____ County Road ____ Private Right-of-Way ____ Municipal Road ____ Other (specify) 17. Adjacent Land Uses: (Indicate nature of adjacent land uses) 18. Services: MUNICIPAL W ATER MUNICIPAL SEWER PRIVATE W ATER PRIVATE SEWER** CONNECTED (YES/NO) TYPE (INDIVIDUAL/COMMUNAL) Municipal Storm Sewers ____ Municipal Drain ____ (Please check one) **Note: If the requested amendment involves development on a privately owned and operated individual or communal septic system and more than 4500 litres per day of effluent will be produced as a result of the completed proposal, the applicant must submit a servicing options report and a hydrogeological report. SECTION FIVE - ZONING BY-LAW 19. Municipal Zoning By-Law Number: Existing Zoning of Subject Land 20. Has an application for Zone Change been filed? Yes ____ No _____ If yes, describe the proposed zoning of the subject land X X X Low Density Residential - Type 1 Zone (R1) 7 single detached dwellings 11.86 units per hectare 5900m2 X 151.25m 44.32m west: open space east: service commercial north and south: single detached residential Tillsonburg Zoning By-law No. 3295, as amended Passive Use Open Space Zone (OS1-3) Page 52 of 238 Page 53 of 238 Page 54 of 238 FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV.APR16 FILE NO: DATE RECEIVED: TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1.Registered Owner(s): Name:Phone: Residence: Address:Business: Fax: Postal Code: E-mail: Applicant (if other than registered owner): Name: Phone: Residence: Address: Business: Fax: Postal Code: E-mail: Solicitor or Agent (if any): Name: Phone: Business: Address: Fax: Postal Code: E-mail: All communications will be sent to those listed above. If you do not wish correspondence to be sent to the Owner,  Applicant, or  Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): 2.Subject Land(s): a)Location: Municipality former municipality Concession No.Lot(s) Registered Plan No.Lot(s) Reference Plan No.Part(s) The proposed lot is located on the side of Street, lying between Street and Street. Street and/or Civic Address (911#): b)Official Plan Designation:Existing: Proposed: If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford?  No  Yes Gene Sandham 711 Oak Grove Pl, London, Ontario N6K 4W7 gene.sandham@gmail.com 905-939-0517 905-939-0530 ext 23 261 Broadway, P.O. Box 460, Tillsonburg, Ontario tbenjamins@cjdleng.com 91 Young Street, Tillsonburg West Young Rouse St Open Space Low Density Residential Judges Plan 500 Tillsonburg 41R-9612 Township of Middleton 3 and 4 Part of lot 1606 X Highway 3 Concession 5 NTR 416-402-1297 (cell) Cyril J. Demeyere Limited - (Trevor Benjamins) 519-688-1000 519-842-3235 N4G 4H8 ? Page 55 of 238 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 2 c)Zoning:Present: Proposed: d)Uses: Present: Proposed: (Include description) 3.Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands, please supply the following information: None Existing None Proposed Existing/Proposed Building 1 Building 2 Use: Date Constructed (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line Please complete for residential, commercial/industrial or institutional uses. RESIDENTIAL COMMERCIAL/ INDUSTRIAL INSTITUTIONAL TYPE Apt., semi, townhouse, retail, restaurant, church, etc. # OF UNITS N/A CONVERSION/ADDITION TO EXISTING BUILDING Describe TOTAL # OF UNITS/BEDS N/A N/A FLOOR AREA by dwelling unit or by type (office, retail common rooms, etc.) OTHER FACILITIES (playground, underground parking, pool, etc.) # OF LOTS (for subdivision) N/A SEATING CAPACITY (for restaurant, assembly hall, etc.) N/A # OF STAFF N/A OPEN STORAGE REQUIRED? N/A N/A ACCESSORY RESIDENTIAL USE? N/A If accessory residential use, complete residential section If accessory residential use, complete residential section 4.Site Information (proposed use(s): Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space (%) No. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width Low Density Residential - Type 1 (R1) Passive Use Open Space Zone (OS1-3) 7 low density residential lots Vacant Land with a single detached dwelling and detached garage 7 Home Garage 232.877m2 232.087m2 8.29m 2.27m (interior) 25.28m N/A 7 Single Detached Dwellings 12 m (min) 7.5 m (min) 7.5m (min) 30% of lot area (min) 10.5m (max) 15 m (min) 32 m (min) 480 m2 (min) 35% of Lot Area (max) 7.5m (min) 12m (min) 1.2m (min) 7 20.90m 12.62m 6.67m 7 10.5m (max) 1.2m (min) 1950 1982 TBD N.A. Page 56 of 238 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 3 5.Services: (check appropriate box) Existing Proposed Water supply Publicly owned and operated piped water system   Privately owned and operated individual well   Other (specify)   Sewage Disposal Publicly owned and operated sanitary sewer system   Privately owned and operated individual septic tank   Other (specify)   Storm Drainage Municipal Sewers Ditches  Municipal Drains Swales  6.Access: Provincial Highway Unopened Road Allowance  County Road Right-of-Way owned by  Municipal Road maintained all year Other (specify) Municipal Road seasonally maintained  7.General Information: a)Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority?  No  Yes If yes, has an Application been filed with the Conservation Authority?  No  Yes b)Present land use(s) of adjacent properties: c)Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? No Yes If yes, describe (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? No Yes If yes, describe former use: 8.Historical Information: a)Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a curren t application for draft plan of subdivision to the County of Oxford? No Yes Application No. b)Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? No Unknown Yes File No. Status/Decision c)If known, the date the subject land was acquired by the owner? d)If known, the length of time that the existing uses of the subject land have continued? XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX East: Service Commercial West: Open Space North and South single detached residential Submitted Concurrently XXXXXX October 18, 2020 71 Years Page 57 of 238 Page 58 of 238 Box 1614 Woodstock ON N4S 7Y3 Tel: 519-539-9800 Fax: 519-421-4712 Website: www.oxfordcounty.ca APPLICATION TYPE File No. 1.Registered Owner(s): Name: SUBDIVISION APPROVAL CONDOMINIUM APPROVAL CONDOMINIUM EXEMPTION Residence: Address: Business: Fax: Postal Code: Email Address: Applicant (if other than registered owner): Name: Residence: Address: Business: Fax: Postal Code: Email Address: Solicitor or Agent: Name: Residence: Address: Business: Fax: Postal Code: Email Address: Ontario Land Surveyor: Name: Residence: Address: Business: Fax: Postal Code: Email Address: Unless otherwise noted, all communications will be sent to those listed above. Do not send communications to: Owner Applicant Solicitor/Agent OLS 2.Location of Subject Land: Municipality former municipality Lot(s) Lot(s) Part(s) Concession Registered Plan No. Reference Plan No. The subject land is located on the side of (St./Rd./Ave./Line) lying between and (St./Rd./Ave./Line) Street and/or 911 Address (if any): OFFICE USE ONLY Date Application Received Date Prescribed Information Complete PIN Rev. JAN 2021 N4G 4H8 519-777-9458 519-688-1000 519-842-3235 tbenjamins@cjdleng.com 91 Young Street, Tillsonburg Tillsonburg West Young Rouse St Gene Sandham 711 Oak Grove Pl, London, Ontario x N6K 4W7 gene.sandham@gmail.com 905-939-0517 905-939-0530 ext 23 Part of Lot 1606 3 and 4 Township of Middleton Concession 5 NTR Highway 3 Judges Plan 500 41R-9612 416-402-1297 (cell) 261 Broadway, P.O Box 460, Tillsonburg, Ontario Cyril J. Demeyere Limited - (Trevor Benjamins) X Kim Husted Ontario Land Surveying Limited kimhusted@bellnet.caN4G 3J8 30 Harvey Street, Tillsonburg, Ontario 519-842-3638 SB 22-04-7 00038005728-Jun-22 Page 59 of 238 County of Oxford - Application for Subdivision, Condominium or Condominium Exemption Page 2 NATURE OF APPLICATION 3. Proposed Land Use Indicate the intended uses of land in the proposal. Please use the following definitions for residential buildings a) single detached: a detached residential building containing one dwelling unit b) double or semi-detached: a residential building containing 2 dwelling units c) townhouse or rowhouse: a residential building containing 3 or more dwelling units with individual direct access to the street or parking area d) apartment: a building containing 3 or more dwelling units each with access to the street or parking area via a common corridor. Please fill out this table In addition, complete this section for Condominium Applications Intended Use # of Residential Units Nos. of Lots or Letters of Blocks on attached draft plan Acres or Hectares Units or Dwellings per hectare # of Parking Spaces for each use Floor Coverage (sq.m.) Bedroom Count Specify by # of Residential Units RESIDENTIAL single detached double or semi-detached town and row housing apartments seasonal (cottage or chalet) mobile home other (specify)* NON-RESIDENTIAL neighbourhood commercial commercial, other industrial institutional (specify below)* park or open space roads other (specify)* TOTAL 4. Additional Information for Condominium Applications Only: Application for: Condominium Approval Condominium Exemption New Building Yes No a) Has the local municipality approved a site plan? If yes, Site Plan Application No.? b) Has a site plan agreement been entered into? c) Has a building permit been issued? d) Is the proposed development under construction? e) If construction is completed, indicate date of completion: 7 7 0.59 ha7 7 7 0.59 ha 7 7 11.86 Page 60 of 238 County of Oxford - Application for Subdivision, Condominium or Condominium Exemption Page 3 Existing Building Date of Construction of existing building? a) Is this the conversion of an existing building containing rental residential units? Yes No If yes, indicate the number of units to be converted. The applicant is advised that an Engineering Report, indicating the structural integrity of the building(s) proposed to be converted may be required as part of the processing of the application. 5. Planning Information (All Applications): a) Present Official Plan Designation applying to the subject land: Note: If the proposed land use conflicts with an Official Plan designation, this application will not be processed unless an application to amend the County Official Plan has also been submitted for approval. b) Present Zoning applying to the subject land: c) Provincial Policy Statement, 2020, as amended: Is the plan consistent with the Provincial Policy Statement. (see Item 4, Section A in the application guide) Yes No d) Are the subject lands currently the subject of any other application under the Act, such as an application for consent to sever, an Official Plan Amendment, a zoning by-law amendment, a Minister's Zoning Order, a minor variance or site plan control? No Yes If yes, File # Status / Decision e) Have the subject lands ever been the subject of any other application under the Act, such as an application for plan of subdivision, a consent to sever, an Official Plan Amendment, a Minister's Zoning Order, a minor variance or site plan control? Unknown No Yes If yes, File # Status / Decision f) Are there any easements or restrictive covenants affecting the subject land? No Yes If yes, describe the easement or restrictive covenant and its effect SITE APPRAISAL AND EVALUATION 6. Existing Land Use: Briefly describe: a) the existing use of the subject lands b) if the subject lands are vacant or idle, describe the most recent productive use of the land c) do the subject lands constitute a brownfield site? If yes, please explain. Open Space Passive Use Open Space Special Zone (OS1-3) X XX XX Submitted Concurrently X Vacant land and Single Family Dwelling on detached garage on subject property Unknown No TBD Page 61 of 238 County of Oxford - Application for Subdivision, Condominium or Condominium Exemption Page 4 Yes No Studies Required Attached 7. Existing Buildings: Describe any buildings, historical or otherwise, and any man-made features on the site and their proposed use. (eg. whether retained, modified, demolished etc.) b) if the subject lands are vacant or idle, describe the most recent productive use of the land 8. Natural Features: What consideration has been given to preserving the natural amenities of the site (eg. prominent topographical features, significant views, mature trees, etc.) SITE INFORMATION AND SERVICES 9. Services: (Existing / Proposed) Water Supply and Sewage A. Public Services (i) municipal piped water none n/a will the extension of a system be required Servicing Study which water system will require extension is supply capacity immediately available for this development has a servicing study been submitted in support of this servicing solution (ii) municipal sanitary sewers none n/a will the extension of a system be required Servicing Study which municipal system will require extension is capacity immediately available for this development has a servicing study been submitted in support of this servicing solution (iii) other water supply: communal well, lake Servicing Study B. Private Services Is the site suitable for wells and/or septic systems? (i) wells and/or septic systems for a residential subdivision Hydrogeological Study Servicing Options Justification Study* (ii) any development on individual private services not covered in B(i) above (iii) Septic systems for a residential subdivision with fewer than 5 lots (or units), and 4500 litres or less of effluent produced per day (iv) Septic systems for a residential subdivision with fewer than 5 lots (or units), and 4500 litres or more of effluent produced per day Hydrogeological Study Servicing Options Storm Water Management (* including information on known water quality problems, depth of overburden and soil types) sewers Stormwater Management Study ditches, swales other (specify) Single Family Dwelling will be modified or demolished and a Garage to be retained and modified Unknown Site would be surrounded by mature trees and Open Space. Mature Trees at back of Lots are intended to be kept. X X X X X X X X X x x x Page 62 of 238 Page 63 of 238 Page 64 of 238 Delegation Request Form   Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month. Proceedings are web-streamed on the Town of Tillsonburg Website and the second meeting 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, individauls are agreeing to the release and inclusing 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 65 of 238 First Name * Andrew Last Name * Stancek Town/City * Tillsonburg Subject * homeless shelter need Name of Group or Person(s) being represented (if applicable) Andrew Stancek, Dawn Vanatter, Jerry  Claessens All Delegations are limited to fifteen (15) minutes, including questions and answers. *  I acknowledge Details of the nature of the business/purpose: * Support is being sought for the opening of a homeless shelter in town. Do you or any members of your party require accessibility accommodations? *  Yes  No Page 66 of 238 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 67 of 238 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 68 of 238 Delegation Request Form   Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month. Proceedings are web-streamed on the Town of Tillsonburg Website and the second meeting 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, individauls are agreeing to the release and inclusing 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 69 of 238 First Name * Jim Last Name * Donaldson Town/City * Tillsonburg Subject * Recreation Sports - Tennis, Paddle Ball,  Pickleball Name of Group or Person(s) being represented (if applicable) All Delegations are limited to fifteen (15) minutes, including questions and answers. *  I acknowledge Details of the nature of the business/purpose: * Vision of sports and a way to improve.  An overview of tennis, current problems, vision for Tillsonburg and some selected material on tennis. Do you or any members of your party require accessibility accommodations? *  Yes  No Page 70 of 238 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 71 of 238 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 72 of 238 2022 marked the 15th annual Oxford Invitational Youth Robotics Challenge (OIYRC). This event is a community-based partnership that encourages students to consider careers in engineering, technology and skilled trades. We had a very successful event with a total of 18 teams, with approximately 150 students participating within the region. THANK YOU TO THE MENTORS AND SPONSORS FOR YOUR ALL OF YOUR TIME & SUPPORT Media included an article in the Woodstock Sentinel-Review November 15, 2022 All teams were judged on their written report, video, presentation and operation. A special thanks to our judges: Spencer Holman from the City of Woodstock, Lisa Wells, Mike Kapin and Eric Collins from Fanshawe College Woodstock/Oxford Campus. The following awards were presented to the teams on November 15, 2022 PLATINUM WINNER: Lord Dorchester Secondary School [Team Ben] GOLD: Arthur Voaden Secondary School [AVSS Robotics] – Ingersoll District Collegiate Institute [Bomber Bot8] – Lord Dorchester Secondary School [Sawbeam] – Regina Mundi Catholic College [Pick it n Split it] – Rehoboth Christian School [WORX] – Sir Frederick Banting Secondary School [Toad’s 1Up, League of Logic] – St. Mary’s Catholic High School [Bob the Warrior]. SILVER: College Avenue Secondary School [WIRED] – John Paul II Catholic Secondary School [War Turtles, The Fun Gis] – Regina Mundi Catholic College [Titanators] - Saint André Bessette Catholic Secondary School [SAB] – Saunders Secondary School [Sabres Robotics] – St. Joseph’s High School [4525ON, 4525OY] – St. Mary’s Catholic High School [Amazon Warriors]. COMMITTEE MEMBERS: City of Woodstock Economic Development, Community Employment Services Woodstock, Elgin Middlesex Oxford Workforce Planning and Development Board, Fanshawe College Woodstock/Oxford, London District Catholic School Board, Thames Valley District School Board Congratulations to all the students a job well done! Brad Hammond Lisa Wells Co-Chair Co-Chair PLATINUM SPONSORS Execulink Telecom County of Oxford GOLD SPONSORS Fanshawe College Toyota Manufacturing SILVER SPONSOR Oxford Small Business Support Centre Inc. BRONZE SPONSORS: Boston Pizza Woodstock City of Woodstock Cyber Smart Canada City of Woodstock Hyd-Mech Group Ltd. Presstran Industries Town of Tillsonburg TEAM SPONSORS: Marwood Metal Fabrication Limited NASG Canada Inc. Steelway Building Systems Unifor Local 88 Vuteq Canada Inc. Woodstock District Chamber of Commerce Committee Members: Woodstock Economic Development Community Employment Services Woodstock County of Oxford Fanshawe College Woodstock Campus London District Catholic School Board Michael Harding Oxford Sand & Gravel Ltd. EMO Workforce Planning and Development Board Page 73 of 238 OiTORDNIO John D. Elvidge City Clerk City Clerk's Office Secretariat Sylwia Przezdziecki Council Secretariat Support City Hall, 12th Floor, West 100 Queen Street West Toronto , Ontario M5H 2N2 Tel : 416-392-7032 Fa x: 416-392-2980 e-mail: Sylwia .Przezdziecki@toro nto .ca web : www.toronto.ca In reply please quote: Ref.: 22-CC1.2 November 25, 2022 RECEIVED DEC -B zozz MUNICIPALITIES IN ONTARIO Subject: New Business Item 1.2 Update on Bill 23 -More Homes Built Faster Act, 2022 (Ward All) City Council on November 23 and 24, 2022, adopted this Item, as amended , and in so doing has: 1. Requested the Province of Ontario to extend the commenting period on Bill 23, More Homes Built Faster Act, 2022 to at least January 31, 2023 to enable time for consultation, consideration of alternative options and thorough analysis of both short and long -term impacts . 2 . Requested the Province of Ontario to: a . not proceed w ith any changes that reduce municipal development charges, community benefit charges or parkland dedication , including: i. removing housing services from development charges ; ii. retroactively phasing in development charges over a 5 year period on top of City Council's previously adopted two -year phase-in that was mutually agreed upon with the development industry; iii. discounting rates for purpose built rental un its ; iv . adding new exemptions; v. introducing caps to the development charges determined date and instalm en ts interes t rates; vi. extending the development charges historic service level ca ps from 10 to 15 years ; v. removing growth studies a nd land acquisition costs from development charges recovery ; and vi. reducing caps to parkland dedication by-law s; b . instead of the above-noted chang es , create a provincial incentive program provided di rectly to develope rs or homeowne rs through targeted gra nts , reb ate and other finan c ial incentive programs; and Page 74 of 238 2 c. alternatively, create a municipal compensation fund to compensate municipalities for the impacts of Bill 23 on municipal growth funding revenues. 3. Requested the Province of Ontario to amend Bill 23 to preserve the City's Green standard, Rental Replacement Policy, parkland provisions, community benefits charges and Development Charges to facilitate responsible growth. 4. Requested the Province of Ontario to amend Bill 23 to preserve Toronto's ability to require a green development standards checklist (Toronto Green Standard) for a complete planning application. 5. Requested the Province of Ontario to amend the Planning Act to enable the implementation of lnclusionary Zoning across the City and incorporate definitions of affordable housing that respond to low and moderate household income. 6. Requested the Province of Ontario to amend the definition of "Affordable Housing" to follow the City of Toronto's "Official Plan Amendment 558 -Updating the Definitions of Affordable Rental and Ownership Housing", as approved by City Council on November 9, 2021. 7. Requested the Province of Ontario to enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act, 2006. 8. Requested the Province of Ontario to delay the implementation of refunds for development applications in light of the significant changes to the Planning regulations and internal City processes regarding development. 9. Requested the Provincial government to provide funding and funding tools to the City, matching the amount of revenue lost through development charges, community benefits charges, and Section 42 of the Planning Act in Bill 23 to ensure the services needed to facilitate responsible growth continue to be delivered. 10. Requested the Province of Ontario to rescind the proposed changes to the Greenbelt to protect environmental features that support biodiversity, natural spaces, recreation trails, agricultural land, and watersheds that sustain all residents of the Greater Toronto and Hamilton Area. 11. Requested the Province of Ontario to retain the existing roles and responsibilities of the regional conservation authorities. 12. Requested the Minister of Municipal Affairs and Housing to change the effective date of the Refund of Fees for official plan amendments, zoning by-laws and site plan control applications contained in Bill 109, from January 1, 2023 to July 1, 2023. 13. Requested the Minister of Municipal Affairs and Housing to postpone enacting regulations under Schedule 4 of Bill 23, which would grant the Minister authority to impose limits and conditions on municipalities' regulation of demolition or conversion of rental units, until such time as there has been focused consultations with municipalities as part of the development of Minister's regulations to ensure municipalities can continue to require replacement rental housing and support impacted tenants. 14. Requested the Legislative Assembly of Ontario, through a majority vote, to withdraw Bill 23. Page 75 of 238 3 Yours truly , S. Przezdziecki/mm Attachment Sent to: Premier, Province of Ontario Minister of Municipal Affairs and Housing, Province of Ontario Leader of the Official Opposition, Province of Ontario President , Association of Municipalities of Ontario Executive Director, Association of Municipalities of Ontario Ontario MPPs Ontario Municipalities c. City Manager Page 76 of 238 llJill_ TORONTO Decisions City Council New Business -Meeting 1 lcc1 .2 ACTION Amended Ward: All I Update on Bill 23, More Homes Built Faster Act, 2022 City Council Decision City Council on November 23 and 24, 2022, adopted the following: 1. City Council request the Province of Ontario to extend the commenting period on Bill 23, More Homes Built Faster Act, 2022 to at least January 31, 2023 to enable time for consultation, consideration of alternative options and thorough analysis of both short and long-term impacts. 2. City Council request the Province of Ontario to: a. not proceed with any changes that reduce municipal development charges, community benefit charges or parkland dedication, including: i. removing housing services from development charges; ii. retroactively phasing in development charges over a 5 year period on top of City Council's previously adopted two-year phase-in that was mutually agreed upon with the development industry; iii. discounting rates for purpose built rental units; iv. adding new exemptions; v. introducing caps to the development charges determined date and instalments interest rates; vi. extending the development charges historic service level caps from 10 to 15 years; v. removing growth studies and land acquisition costs from development charges recovery; and vi. reducing caps to parkland dedication by-laws; b. instead of the above-noted changes, create a provincial incentive program provided directly to developers or homeowners through targeted grants, rebate and other financial incentive programs; and c. alternatively, create a municipal compensation fund to compensate municipalities for the impacts ofBill 23 on municipal growth funding revenues. Page 77 of 238 3. City Council request the Province of Ontario to amend Bill 23 to preserve the City's Green standard, Rental Replacement Policy, parkland provisions, community benefits charges and Development Charges to facilitate responsible growth. 4. City Council request the Province of Ontario to amend Bill 23 to preserve Toronto's ability to require a green development standards checklist (Toronto Green Standard) for a complete planning application. 5. City Council request the Province of Ontario to amend the Planning Act to enable the implementation of Inclusionary Zoning across the City and incorporate definitions of affordable housing that respond to low and moderate household income. 6. City Council request the Province of Ontario to amend the definition of "Affordable Housing" to follow the City of Toronto's "Official Plan Amendment 558 -Updating the Definitions of Affordable Rental and Ownership Housing", as approved by City Council on November 9, 2021. 7. City Council request the Province of Ontario to enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act, 2006. 8. City Council request the Province of Ontario to delay the implementation of refunds for development applications in light of the significant changes to the Planning regulations and internal City processes regarding development. 9. City Council request the Provincial government to provide funding and funding tools to the City, matching the amount of revenue lost through development charges, community benefits charges, and Section 42 of the Planning Act in Bill 23 to ensure the services needed to facilitate responsible growth continue to be delivered. 10. City Council request the Province of Ontario to rescind the proposed changes to the Greenbelt to protect environmental features that support biodiversity, natural spaces, recreation trails, agricultural land, and watersheds that sustain all residents of the Greater Toronto and Hamilton Area. 11. City Council request the Province of Ontario to retain the existing roles and responsibilities of the regional conservation authorities. 12. City Council request the Minister of Municipal Affairs and Housing to change the effective date of the Refund of Fees for official plan amendments, zoning by-laws and site plan control applications contained in Bill 109, from January 1, 2023 to July 1, 2023. 13. City Council request the Minister of Municipal Affairs and Housing to postpone enacting regulations under Schedule 4 of Bill 23, which would grant the Minister authority to impose limits and conditions on municipalities' regulation of demolition or conversion of rental units, until such time as there has been focused consultations with municipalities as part of the development of Minister's regulations to ensure municipalities can continue to require replacement rental housing and support impacted tenants. 14. City Council request the Legislative Assembly of Ontario, through a majority vote, to withdraw Bill 23. 15. City Council direct the City Manager make public the impacts of Bill 23 on specific capital projects which will not proceed in each Provincial and Federal Riding. Page 78 of 238 16. City Council direct the City Solicitor and the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee on guiding policies to assist City Council in gauging planning importance when considering requests that City Council initiate a Toronto Local Appeal Body appeal. 17. City Council request the City Solicitor and the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee with a legal strategy to challenge the Province of Ontario's potential removal of Section 111 of the City of Toronto Act, and explore alternate means to protect rental units from demolition and conversion. 18. City Council direct the Chief Planner and Executive Director, City Planning to commence a public information campaign to inform all City residents of the impacts of Bill 23 and the changes to neighbourhoods, prevailing built forms, housing, civic engagement, the greenbelt, climate change, affordable housing, rental protection, community infrastructure, parks, heritage and cost of living that it may bring about. 19. City Council forward this item to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Official Opposition, all Ontario Members of Provincial Parliament, the Association of Municipalities of Ontario, and all Ontario municipalities for their consideration. Summary On October 25, 2022 the Honourable Steve Clark, Minister of Municipal Affairs and Housing, introduced Bill 23, More Homes Built Faster Act, 2022 in the Ontario Legislature. Bill 23 proposes extensive changes to the policy-led planning and development system under which municipalities in Ontario work. Details and preliminary analysis of the implications of Bill 23 were shared with the Mayor and City Councillors on November 3, 2022 (see Attachment 1). Bill 23 passed 2nd Reading on October 31, 2022 and was referred to the Standing Committee on Heritage, Infrastructure and Cultural Policy (Standing Committee) for review. The Standing Committee has held two days of public hearings to date (November 8, 2022 in M arkham and November 9, 2022 in Brampton), and is scheduled to hear two more on November 16 and 17, 2022 in Toronto. The Chief Planner, along with supporting staff, is scheduled to depute to the Standing Committee at 1 :00 pm on Thursday, November 17 , 2022. A livestream of the public hearing will be made available on the Ontario Legislative Assembly website at this link: htms ://www.ola.org/ en/legislative-business/video/ committees-room-no -I . Staff are also preparing written comments for submission to the Standing Committee. The Standing Committee is scheduled to conduct a clause-by-clause review of Bill 23 on Monday, November 21, 2022, during which amendments to the bill may be proposed, considered and voted upon. Staff will provide a supplementary report outlining City staffs submi ssion to the Standing Committee and the Environmental Registry of Ontario posting regarding Bill 23 and the results from the Standing Committee's consideration of the bill in advance of the November 24, 2022 meeting of City Council. Background Information (City Council) Page 79 of 238 (November 16, 2022) Report from the City Manager and the Chief Planner and Executive Director, City Planning on Update on Bill 23, More Homes Built Faster Act, 2022 (CC 1.2) (httRs://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230055.Rdf) (November 3, 2022) Attachment 1 -Interim City Manager's FYI Briefing Note to Mayor and Members of Council -Bill 23, More Homes Built Faster Act, 2022 (httRs ://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230056.Rdf) (November 22, 2022) Supplementary report from the Interim City Manager, the Chief Financial Officer and Treasurer, and the Chief Planner and Executive Director, City Planning on City Staff Comments on Proposed Bill 23 -More Homes Built Faster Act, 2022 (CCI .2a) (httRS ://www. tore n to. ca/legdocs/m m is/2023/ cc/bg rd/ba ckg rou ndfi le-230130. Rdf) Attachment 1 -City of Toronto Comments on Proposed Bill 23 (submitted to the Environmental Registry of Ontario and Ontario Regulatory Registry November 22, 2022) (httRs://www.toronto.ca/legdocs/m mis/2023/cc/bgrd/backgrou ndfile-230131 .Rdf) Attachment 2 -Chief Planner Presentation Notes to the Standing Committee on Heritage, Infrastructure and Cultural Policy (November 17, 2022) (httRs://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230132.Rdf) Communications (City Council) (November 21, 2022) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (FoNTRA) (CC.Supp) ( httRS ://www.toronto.ca/legdocs/m m is/20 23/ cc/ com ml comm u n ica tionfi le-156534. Rdf) (November 22, 2022) Letter from Andria Babbington, President, Toronto and York Region Labour Council (CC.New) (httRs://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156573.Rdf) (November 23, 2022) Letter from Jason Ash, Chair, Leaside Towers Tenants Association (CC .New) (httRs://www.toronto.ca/legdocs/mmis/2023/cc/com m/commu n icationfile-156570. Rdf) (November 22, 2022) Letter from Les Veszlenyi and Angela Barnes, Co-Chairs, Mimico Lakeshore Community Network (CC.New) (httRs://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156571 .Rdf) (November 22, 2022) Letter from Maureen Kapral, President , Lytton Park Residents' Organization (CC.New) ( httRS ://www. tore nto. ca/legdocs/m m is/20 23/ cc/ com ml comm u n icationfi le-1 56 5 72. Rdf) (November 24, 2022) Letter from Walied Khogali , Regent Park Neighbourhood Association (CC .New) (httRS ://www.toronto.ca/legdocs/mmis/2023/cc/com m/commun icationfile-156578. Rdf) (November 24, 2022) Letter from Henry Wiercinski, Vice President, Annex Residents' Association and Sue Dexter, Board, Harbord Village Resident's Association (CC .New) (httRs ://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156579 .Rdf) (November 24, 2022) Letter from Jin Huh, Executive Director, Social Planning Toronto (CC.New) (httRS ://www.toronto.ca/legdocs/mmis/2023/cc/comm/commu n icationfil e-156581 . Rdf) (November 24, 2022) Letter from Mike Mattos, President, Judith Hayes, Vice President, and Rick Ciccarelli, Executive Board Associate, Mount Dennis Community Association (CC .New) ( httRS ://www.toronto.ca/legdocs/m m is/2 0 23/ cc/ com ml comm u n icationfi le -15654 2 . Rdf) Page 80 of 238 4~EZT EAST ZORRA -TAV ISTO CK ~11 our heritage, your future ONTARIO ·CANAOA ((9xford County Growing stronger together Mayors of the Municipalities of Oxford County 21 Reeve Street P.O . Box 1614 Woodstock, Ontario N4S 7Y3 December 14, 2022 The Hon . Doug Ford, Premier of Ontario Legislative Building Queen's Park Toronto Ontario M7A 1A1 prem ier@ontario.ca Dear Premier Ford: In follow-up to our meeting with Ern ie Hardeman , MPP Oxford, on December 13, Oxford County acknowledges and supports Ontario's stated objective to increase housing supply: our own County Council has focused on this through a number of actions and strategies over the years. We are also supportive of efficient and effective municipal decision-making. We cannot, however, support measures that compromise the democratic process and risk community and environmental sustainability. We believe these core principles are vulnerable under parts of the More Homes Built Faster Act, 2022, and Bill 39, Better Municipal Governance Act, 2022, and are submitting for your consideration specific requests through this letter. Supporting affordable housing Oxford County Council has taken a progressive approach to housing policy for many years : We enacted a Housing First Policy in 2015, directing a ll surplus lands to be used for housing development or sold for reinvestment in housing. We took a leadership role in hosting a municipal housing forum in 2019, producing a number of housing strategies that were shared with partners and neighbouring municipalities through a too l k it. Affordable housing is a key focus of Council's Zero Poverty resolution, 2017. Council allocated $1.5 million in additional affordable housing funds in the 2022 budget and is considering another $3.0 million investment as part of the 2023 budget. Our Master Housing Strategy h as now been released , directing funds a nd res ources in support of afford ab le housing ini tiatives. W e continue to support affordable hou sing programs for individu a ls and families through our affordable home ownership and secondary unit programs . Page 81 of 238 Oxford County is concerned that the More Homes Built Faster Act will hav e s ignificant unintended consequences that may h ave the opposite effect of its goal, delaying or obstruct in g the construction of additional housing supply. Moreover, there are no assurances in the legislation that houses built can be afforded by those who need them . Our concerns Our concerns over the More Homes Built Faster Act, 2022, and Bill 39 , Better Municipal Governance Act, 2022 , include the following . Financial burden on municipalities. The move away from a "growth pays for growth " approach places severe financial burden on municipalities and, by extension , taxpayers , including those families and individuals reaching for home ownership. The shift of growth costs to residents through property tax and water/sewer rates will impact the affordability of homes. For Oxford County, the removal of development charges as outlined in the legislation will result in a loss of approximately $5.6 million over a 10-year period, a 32% reduction. Across all Oxford's municipalities, that revenue loss climbs to $10.54 million . The County is also estimating significant resource implications , including the potential need for additional staffing and other resources to manage the financial reporting , policy and administrative aspects of the changes . Our early estimated costs for staffing to implement the More Homes Built Faster Act is $288,500 . While this money is either being taken out of our budget or forced into our levy, Oxford County is right now--pending budget deliberations--considering investing another $3 million in actual housing . Impact on affordable housing programs. Housing Services has been removed from the list of development charge eligible services , which has historically served as a means to recover for and construct affordable housing . This change prevents the County from adding affordable housing-related projects as an eligible service in future . Additionally , changes under the Act are expected to increase demands on housing staff to update and process by-laws and administer and monitor agreements for affordable and attainable housing . Impact on infrastructure . A s ignificant challenge in completing th e construction of new homes in a shorter time than planned for is the demand new construction puts on essential services , like water and sanitary, and the infrastructure required to provid e those services. Community sustainability and environmental protection. As expressed by the Association of the Municipaliti es of Ontario (AMO), many of the proposed ame ndments to th e Conservation Authorities Act and t he Planning Act signal a move aw ay from environmental protection at a time when climate change impacts are being felt more at the local level. Oxford County is seeking assurance that natu ra l heritage and water res ources are ma naged in a way th at maintains, e nhances or restores th ese systems, and that these syst ems are considered in th e context of other natu ra l heritage features, such as surface w ater and groundwater. W e are further concerned th at th e proposed offsetting policy-or "pay to pave"-will result in the loss of biodiversity an d ecosystems. 2/4 Page 82 of 238 Erosion of local government. Along with Bill 39, Better Municipal Governance Act, this Act erodes the public process that taxpayers expect from local government. This autocratic approach to local government demonstrates to residents that their opinions on development--and its impacts to sustainability, environment and social wellbeing--does not matter. Lack of meaningful consultation. The very short consultation period provided by the Province has not allowed municipalities to understand, before commenting, the full extent and impacts of the sweeping changes that have been introduced , not to mention the various other related legislative, policy and regulatory changes that are still under consideration (e .g ., Provincial Policy Statement, natural heritage plann ing, etc.). The More Homes Built Faster Act is of particular concern when considered with Bil/ 39, Better Municipal Governance Act, 2022. Together, these legislations threaten the authority, effectiveness and viability of local government. And, while this legislation is applied to only some today, it can only be a matter of time before it is applied to all. We are seeking Further consultation with Ontario's municipalities . While the consultation timelines did not offer municipalities full voice to this point , we are asking the Province to now allow municipalities to have greater say on aspects of the implementation of t he Acts. Protection for Oxford County's unique government structure. Oxford is referenced under the Municipal Act, 2001 as a regional government with a unique sphere of jurisdiction carried over from the repealed Oxford County Act. The County has no oversight or veto over area municipalities. For this reason, we are asking for an amendment to exclude Oxford County from any and all provisions of Bill 39. Financial support. Early estimates of the financial impacts of the More Homes Built Faster Act are significant. Municipal governments are not positioned to absorb these costs , and cannot carry out the Province 's strategy without financial support. Oxford County Council thanks you for your time in hearing our concerns. We are hopeful for continued dialogue on the More Homes Built Faster Act, 2022, and Bill 39, Better Municip al Governance A ct, 2022, and seek your confirmation that our request for protection from Bill 39 will be advanced for consideration. In the meantime, it is our intention to continue to support municipal organizations, such as th e Association of Municipalities of Ontario, to lobby the province to work together with the municipal ities in developing solutions that grow the housing supply, and that Bill 39 does not undermine municipa l government and the democratic process. It is imperative that solutions be found through collaboration, cooperation and innovation of all parties . Thank you, The M a yors of the Municipalities of Oxford County cc: The Hon . Steve Clark, Minister of Municipa l Affairs & Housing , m inister.ma h@ontario.ca Ernie Hardeman , Member of Provincial Parliament, Oxford , ernie .hardemanco@pc.ola .org Hardeman@execulink.com Page 83 of 238 Oxford County arden Marcus Ryan Mayor, Township of Zorra c~~ Mayor Mark Peterson Township of Blandford-Blenheim mpeterson@blandfordblenheim .ca Ma(hPa~ Township of Norwich jpalmer@norwich .ca or erry Acchione 1ty of Woodstock jacchione@cityofwoodstock.ca Attachments David Mayberry Mayor, Township of Sou O xford mayor@swox.org Mayor Brian Petrie Town of Ingersoll mayor@ingersoll.ca Town of Tillson burg dgi lvesy@tillsonburg .ca Oxford County Reso lution Re: Better Municipa l Governance Act, 2022 -Nov 23 , 2022 CS 2022-49 -Municipal Resource Impacts Resulting From Bi ll 23 CP 2022-413 -Review of A Place to Grow and Provinc ial Po licy Statement 4 /4 Page 84 of 238 Municipal Council of the County of Oxford Council Meeting - Oxford County Date:Wednesday, November 23, 2022 Moved By:David Mayberry Seconded By:Brian Petrie Whereas on November 16 2022, the Province of Ontario announced the “Better Municipal Governance Act, 2022”; And whereas in the November 16th announcement the Minister of Municipal Affairs and Housing justified the introduction of Bill 39 by stating that this would help with the “housing crisis” and included The Better Homes Built Faster Act (Bill 23) in this news release; And whereas the Government of Ontario’s Memorandum of Understanding with the Association of Municipalities of Ontario states that “Ontario recognizes municipalities as responsible and accountable governments with respect to matters within their jurisdiction”; And whereas the powers of a Head of Council, the appointment of a Chair, and bylaws are, and have always been, both under the Municipal Act and as a matter of democratic principle, the responsibility of democratically elected representative councils; And whereas Oxford County values its councils and principles of democracy and has not asked for any of these changes; And whereas residents of Oxford were not afforded any opportunity to discuss these changes in the forums of either the previous Provincial, or just completed Municipal, elections; Therefore be it resolved that Oxford County Council ask staff, (in conjunction with area municipal staff where necessary) to bring forward a report to the December 14, 2022 meeting of Council that describes the potential impacts for both finances and staffing requirements that could arise from the introduction of Bills 39 and 23 for the 2023 and future budgets and work plans, to, at a minimum, include the impacts of announced changes to Developmental Charges Act, the timing, financial and staffing implications for planning reports, the implications for announced changes to the Conservation Act and the Heritage Act, and any other financial and staffing implications for the county, and where possible, for the area municipalities; And further that Oxford County Council opposes the “Better Municipal Governance Act, 2022” in the strongest terms possible and hereby request the Warden to meet with our MPP as soon as possible to express our very serious concerns about both Bill 39 and Bill 23; And further, that this resolution be forwarded to all Oxford area municipalities, WOWC, ROMA, AMO, Oxford MPP, Minister of Municipal Affairs & Housing, and the Premier of Ontario. Resolution No. 5 DISPOSITION: Motion Carried Page 85 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 1 of 13 To: Warden and Members of County Council From: Director of Corporate Services Municipal Resource Impacts Resulting From Bill 23 RECOMMENDATIONS 1. That Report No. CS 2022-49, titled “Municipal Resource Impacts Resulting From Bill 23” be received; 2. And further, that Council give consideration to three additional FTEs as part of the 2023 Business Plan and Budget to meet Planning and Finance staff resource needs that will be required to operationalize the requirements of Bill 23 – More Homes Built Faster Act; 3. And further, that Council request staff to bring a follow up report back for Council’s consideration in early 2023 (once staff have had an opportunity to assess the impacts of the changes in greater detail), to provide further detail on additional resource needs arising from Bill 23 and related provincial changes; 4. And further, that a copy of this report be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Official Opposition, all Ontario MPPs, and the Association of Municipalities of Ontario. REPORT HIGHLIGHTS  On November 28, 2022 the Province enacted Bill 23, the More Homes Built Faster Act, and has also commenced a related review of the Provincial Policy Statement (PPS), natural heritage planning and natural hazard regulations. These changes and related consultations are being undertaken through a series of postings on the Environmental Registry of Ontario (ERO).  Bill 23 and a number of the other proposed legislative and regulatory changes will have significant financial and resource implications for the County and/or Area Municipalities, including the need for additional staffing and other resources and consideration of increased and/or new/alternative sources of funding to cover additional costs and off-set expected reductions in some municipal revenue sources.  This report, prepared in collaboration with Planning and Housing staff, provides a preliminary, high level assessment of these changes and resulting financial and other resource implications for Council’s initial consideration. Page 86 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 2 of 13 Implementation Points Bill 23 and a number of the other changes currently being considered and/or proposed by the Province, will have significant implications for the local implementation of land use planning, development charges, parks planning, environmental and heritage protections, and various other matters. These changes will require substantial review and/or update of various County and Area Municipal policies, documents, processes and standards, as well as consideration of related staffing and financial resource implications. Financial Impact The changes contained in Bill 23 will negatively impact a municipalities’ financial sustainability, with the most significant changes occurring to the Development Charges Act (DCA). Development Charges (DC) are a long-standing critical source of funding relied on by municipalities to finance growth related infrastructure and ensures that “growth pays for growth”. The changes arising from Bill 23 compromise this objective by shifting the burden for growth related infrastructure investments to existing taxpayers. The initial estimated impact to the County is a loss of $5.6 million in development charges over a 10 year period. The estimated DC revenue loss, as illustrated in Table 1, is based on the 2019 DC Study and actual loss realized will vary from these estimates. As the County’s current DC By-law was passed prior to January 1, 2022 the mandatory phase in reductions and elimination of cost recovery for certain studies is not anticipated to impact the County until the next DC By-law update in 2024. Table 1 – County Estimated Impacts - Development Charges Act Changes (over a 10-year period) Bill 23 Change Details Estimated Financial Impact Elimination of Housing as an eligible service Passing of Legislation - cannot charge Housing DC from date of Royal Assent. N/A – Current DC By-law included an affordable housing needs study only, accounted for in the figures below. Elimination of cost recovery for certain studies Studies are to determine the capital costs for land, building, facilities, including DC background study $1.1 million – Rates $1.3 million – Levy Elimination of cost recovery of land for certain services Cost to acquire land for specific services can be exempted as an eligible expense if prescribed. TBD - The County’s current background study does include some costs for acquiring land, however further review to determine eligibility is Page 87 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 3 of 13 Bill 23 Change Details Estimated Financial Impact required before impact can be quantified. DC for rental housing development % Reduction based on the number of bedrooms: 3+ bedrooms 25%; 2 bedrooms 20%; 1 bedroom 15%. TBD – Unable to quantify the impact based on data currently tracked at the County level. DC exemptions Exemptions for the creation of affordable residential units and attainable housing units, for non-profit housing developments, and for inclusionary zoning residential units. Includes DC exemptions for one additional residential unit (or 1% of existing units) in an existing residential building; as well as up to three residential units on an existing residential property (may be within the existing home or within an ancillary unit). TBD - County’s current By-law provides a non- statutory exemption for Affordable Housing development. Unable to determine the ongoing annual impact as this is highly dependant on the types of developments undertaken. Mandatory phase-in Year 1 Phase-in of DC rates in by-laws passed on or after January 1, 2022. Year 1 (80%) $0.8 million – Rates $0.5 million – Levy Mandatory phase-in Year 2 Phase-in of DC rates in by-laws passed on or after January 1, 2022. Year 2 (85%) $0.6 million – Rates $0.4 million – Levy Mandatory phase-in Year 3 Phase-in of DC rates in by-laws passed on or after January 1, 2022. Year 3 (90%) $0.4 million – Rates $0.2 million – Levy Mandatory phase-in Year 4 Phase-in of DC rates in by-laws passed on or after January 1, 2022. Year 4 (95%) $0.2 million – Rates $0.1 million – Levy DC By-law expiration By-laws expire 10 years after they come into force (previously 5 years). This length of time could result in growth projections and capital programs becoming stale dated and not being as responsive to the County’s changing growth needs. TBD – Updating the DC By-law prior to the expiry of the 10 year period would trigger the phase in and potential impacts listed above. Historical service levels Historical service levels now based on 15 years prior instead of current 10 years prior TBD – Unable to determine the extent of the impact until the next Page 88 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 4 of 13 Bill 23 Change Details Estimated Financial Impact DC Background Study is completed. Imposing a maximum interest rate for DC deferrals and payment plans Municipalities will be “capped” regarding the maximum interest rates that can be charged. The maximum interest rate would be based on Canadian banks prime rates plus 1%. Interest rate to be set quarterly. TBD – County is not aware of any development deferrals currently in place, and is unable to determine future development applications that may be subject to deferrals. Reserve fund balances Municipalities must spend or allocate 60% of reserve fund balances for water, wastewater, and road DCs (and other DC services as prescribed). This will be an annual requirement. TBD – Further clarification is required. TOTAL (2019 dollars) $3.1 million – Rates $2.5 million – Levy TOTAL (2022 dollars) Estimated 29% inflationary increase $4.0 million – Rates $3.3 million – Levy Table 2 summarizes the estimated impacts to the area municipalities as a result of the elimination of certain studies as an eligible cost for recovery, and the mandatory phase-in. Table 2 – Area Municipality Estimated Impacts - Development Charges Act Changes (over a 10- year period) Area Municipality Elimination of recovery for studies Mandatory phase-in Total Estimated Financial Impact Zorra $0.10 million $0.05 million $0.15 million Blandford-Blenheim 0.09 million 0.14 million 0.23 million East Zorra-Tavistock TBD TBD TBD Norwich 0.04 million 0.14 million 0.18 million South-West Oxford 0.06 million 0.04 million 0.10 million Tillsonburg 0.11 million 0.41 million 0.52 million Page 89 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 5 of 13 Area Municipality Elimination of recovery for studies Mandatory phase-in Total Estimated Financial Impact Ingersoll 0.11 million 0.15 million 0.26 million Woodstock 1.00 million 2.50 million 3.50 million TOTAL (2019 dollars) $4.94 million TOTAL (2022 dollars) Estimated 29% inflationary increase $6.37 million Not included in the above table are the proposed changes to the Planning Act as they relate to parkland dedication rates and Community Benefits Charges (CBC). These fees and charges do not impact the County but will impact area municipalities. The parkland dedication changes (e.g. dedication rates, exemptions etc.) will result in less revenue collected by the area municipalities to fund the costs of infrastructure related to parks, and other services. The initial review of Bill 23 impacts has identified the need for consideration of three additional FTEs as part of the 2023 Business Plan and Budget to meet Planning and Finance staff resource needs, with preliminary estimated costs summarized in Table 3. The need for the FTEs is further identified within the comments section of this report. Table 3 – Estimated Staffing Costs One-time Base Total Budget Salaries and benefits Finance FTE $- $79,200 $79,200 Planning administration / support FTE - 80,700 80,700 Development Planner FTE - 128,600 128,600 Total Salaries and Benefits - 288,500 288,500 Capital Computer Equipment: Laptop 6,000 - 6,000 Total capital 6,000 - 6,000 County Levy $5,200 $256,100 $261,300 Water and Wastewater Rates $800 $32,400 $33,200 Initiative Gapping – positions start April 2023 2024 Budget Impact - 71,600 71,600 2023 Estimated Budget Impact - Levy $5,200 $192,600 $197,800 Page 90 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 6 of 13 One-time Base Total Budget 2023 Estimated Budget Impact - Rates $800 $24,300 $25,100 Communications Initial communication is proposed to be through the inclusion of this report on the County Council agenda and related communications. Any changes to the budget or business plan processes that may arise from consideration of this report will be further communicated as part of those processes. Strategic Plan (2020-2022) WORKS WELL TOGETHER WELL CONNECTED SHAPES THE FUTURE INFORMS & ENGAGES PERFORMS & DELIVERS POSITIVE IMPACT 1.ii. 3.ii. 3.iii. 4.i. 4.ii. 5.ii. DISCUSSION Background On October 25, 2022, the Provincial government initiated consultations with respect to a range of legislative changes, policies and other actions being considered as part of the second phase of their 2022 housing supply action plan (i.e. More Homes for Everyone Plan), including the introduction of Bill 23, known as the More Homes Built Faster Act, 2022. An overview of these proposed changes is provided in Reports No. CP 2022-407 and CP 2022-413 (included on Council’s December 14 agenda). The overall stated purpose of Bill 23 is to introduce several legislative changes to increase housing supply throughout Ontario and to achieve the Province’s goal of 1.5 million homes in the next 10 years. Bill 23 received first and second reading on October 25, 2022, was ordered for third reading on November 22, 2022 and received Royal Assent on November 28, 2022. The Development Charges Act, 1997 (DCA), governs the collection of DCs. The intent of DCs is to ensure that infrastructure costs arising from increasing population and employment are funded by new development that benefits from the introduction of the new services (user-pays approach). DCs have been established to ensure that these costs are not borne by existing residents and businesses through property taxes or water/sewer rates. Page 91 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 7 of 13 At the regular meeting of November 23, 2022, County Council passed a resolution requesting that County staff bring forward a report that describes the potential impacts for both financial and staffing requirements that could arise from the introduction of Bills 39 and 23 for the 2023 and future budgets and work plans including, but not limited to, the changes to the Development Charges Act, Planning Act, Conservation Act and the Heritage Act. In response to that request, staff have prepared the following initial summary of financial, staffing and other municipal resource implications for Council’s consideration. Comments Like all municipalities, given the very short consultation period provided by the Province, County and area municipal staff are still very much in the process of understanding the full extent and impacts of the sweeping changes that have been introduced through Bill 23, not to mention the various other related legislative, policy and regulatory changes that are still under consideration by the Province (e.g. PPS, natural heritage planning, natural hazard regulations etc.). That said, as a starting point, County staff have prepared the following preliminary assessment of resource implications of the enacted and proposed changes for Council’s consideration. a) Financial Implications of Changes to the Development Charges Act (DCA) Virtually all of the changes to the DCA result in less DC revenue collected by municipalities to fund the costs of growth-related infrastructure that supports new housing and commercial and industrial development. Several of the proposed changes would have notable impacts to both Oxford County and our area municipalities. The most financially impactful change resulting from the revisions to the DCA is the DC rate phase-in. With this change, full recovery of DCs for a new approved by-law is not achieved until year five. This would impact the County’s ability to fund the necessary growth-related infrastructure to support new development and maintain the timing of projects as identified in the long-term capital plan. During high growth periods, like the County is seeing now, supportive infrastructure needs (such as water and sanitary services) can change significantly in a short period of time. Although the DC Act allows for a By-Law to be in place for 10 years, this may put further strain on the ability to fund growth related project needs as they arise. Updating the DC By-Laws prior to the end of the 10-year period would result in the phase-in reductions being re- applicable, increasing the amount of lost DC revenue over a 10-year period. Additionally, costs of certain growth related studies, and land or an interest in land that will be prescribed for certain services, will no longer be deemed eligible capital costs. In Oxford, the growth related studies that are currently recovered for through DCs include: secondary plans and servicing strategies (i.e. required to consider settlement expansions) and development charges study updates. These changes place municipalities in a position where other funding sources would need to be identified in order to cover the shortfall (i.e. property tax, water / sewer rates). The shift of costs to existing residents would increase pressures on the affordability of existing homes. Page 92 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 8 of 13 Further, Housing Services has been removed from the list of DC eligible services, which is used to recover for and construct affordable housing. This change prevents the County from adding housing related projects as an eligible service in future. A letter dated November 30, 2022 from Minister Steve Clark (Attachment 1) stated that the province is committed to ensuring municipalities are kept whole for any impact to their ability to fund housing enabling infrastructure due to Bill 23. While no specifics were provided as to what this means, or when grant funding may be available, County staff will continue to monitor ongoing discussions around the impacts of Bill 23 and the specific financial impacts to the County, and report to Council accordingly. The proposed changes included in Bill 23 that impact the DCA will require difficult choices between funding necessary growth-related infrastructure to support new development, replacing growth infrastructure funds with alternative funding sources such as property taxes, and/or delaying the construction of critical growth-related infrastructure. This would create affordability concerns and may result in the loss of progress made to resolve lifecycle funding gaps as identified in the 2022 Asset Management Plan, in the event that funding was required to be diverted from renewing assets to pay for growth needs. The 2024 Asset Management Plan Update will account for the additional growth asset needs, as identified in the upcoming DC Background Study, along with the funding impacts as a result of Bill 23 in order to determine if the County has made progress on closing the funding gaps, or lost progress due to the changes. A significant challenge in completing the construction of new homes in a shorter time than planned for is the demand new construction puts on essential services like water and sanitary and the infrastructure required to provide those services. The planning and approval processes for supportive services (such as a new well water source) has not changed. Accelerated growth plans will exacerbate issues for communities with current capacity limitations. The changes to the DCA as a result of Bill 23 increase the administrative burden of ensuring all development files are charged the appropriate rate in accordance with the Act and applicable By-Law(s), and that exemptions are calculated and funded appropriately. The current process has the area municipalities calculate and collect on DC applicable files, while County staff calculate and fund exemptions based on information received from the area municipalities. Given the increased administrative burden, and that the County is ultimately responsible for ensuring its DC rates are applied appropriately, County staff will engage with area municipal staff to determine if it is appropriate to have County staff calculate all DC charges anticipated. While we recognize there will be an increase in the time undertaken to process applications, we anticipate the impact to be minimal. This change would result in an additional FTE requirement at the County level, and would be an anticipated 2023 need required for updating the DC By- Laws. County staff will then undertake discussions with municipal staff throughout 2023 and support Engineering Services as applicable with development review. b) Public Works Resource Implications With the recently passed More Homes for Everyone Act (Bill 109), there is now additional pressure put on municipalities to quickly review applications or risk having to refund fees to developers. FTE 2023-01, included in the draft 2023 Business Plan and Budget documents, is a Page 93 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 9 of 13 report in support of a Supervisor of Development position (in Public Works) to assist in managing the increased volume and pressures to meet the new legislative deadlines for review of development files. Further staffing requirements, as a direct result of Bill 23, will be assessed after the Supervisor of Development is in place. c) Planning Related Resource Implications Community Planning Office (CPO) staff have undertaken an initial, high level, assessment of potential staffing and other municipal resource impacts that are expected to arise from the Bill 23 changes to the Planning Act, Conservation Authorities Act and Heritage Act and various other changes being proposed by the Province (e.g. updates to the Provincial Policy Statement, natural heritage planning, natural hazard regulations, etc.). This assessment is provided in Table 1 contained in Attachment 2 to this report. Based on this preliminary review, CPO staff have identified a number of financial, staffing and/or other resource implications, as follows: Financial Implications Growth Related Studies As noted in the DCA change discussion above, the loss of DCs as a source of funding for growth related studies will directly impact how the County and the area municipalities fund the costs of various growth related planning projects (e.g. secondary plans and servicing strategies, growth forecast updates, new Official Plan and related studies etc.) going forward. DCs are currently the primary source of funding for such studies and, with the recent higher levels of growth the County has been experiencing, the need for and total cost of such studies is only expected to increase. The County’s DC background study currently identifies approximately $1.6 million for growth related planning projects, with a similar amount identified for such projects in the area municipal DC background studies (i.e. collectively). With these projects no longer being DC eligible, this represents a substantial amount of funding that would need to be obtained from other sources to allow such projects to continue. These projects are all fundamental to ensuring growth in our communities (in particular housing) can continue to be accommodated in a coordinated, efficient and timely manner. So, it is unclear why the province would choose to introduce potential delay and uncertainty for the funding and/or completion of such projects, without any obvious benefits. Parkland Parkland is primarily an area municipal responsibility. The changes to the parkland dedication rates, exemptions for affordable and attainable housing, additional residential units and freezing of parkland rates etc. will have an impact on municipal parkland contributions and/or cash-in-lieu revenue. In Oxford, the area municipalities generally still apply the standard parkland dedication rate of 5% to most residential developments. As such, the financial impact is not likely to be as pronounced as for larger urban municipalities that have a greater proportion of higher density residential development, where the application of the alternative parkland dedication rates Page 94 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 10 of 13 (which have been substantially reduced) is more critical. That said, the area municipalities will still need to assess the financial and other impacts of these changes. Application Fees The refund of application fees for Site Plan and Zone Change applications (and combined Zone Change and Official Plan Amendment applications) that are not processed within the newly prescribed time lines is likely to have a financial impact on the area municipalities and, to a lesser extent, the County without the additional FTEs. Planning staff are currently working to identify various measures that the area municipalities could consider to avoid, or substantially mitigate, this impact (i.e. complete application requirements, process change, increased application fees etc.) and will be meeting with area municipal staff shortly to discuss preferred approaches. Sources of Funding The above noted direct financial impacts together with increased municipal costs resulting from the need for increased staffing and other resources, as noted below, will likely require the consideration of alternative funding sources (e.g. application fees) to off-set some or all of those costs. Staffing Impacts Given the high level of development activity that the County and area municipalities have recently experienced and continue to experience, it has been challenging at times for the CPO to maintain timely and high quality development review services with existing staffing levels, particularly while also trying to move forward other important planning related projects and initiatives (i.e. zoning by-law updates, local planning studies, process updates and improvements, etc.). This challenge has only been compounded by the seemingly continuous and wide ranging legislative, regulatory, and policy changes the Province has been bringing forward over the last few years, which have often pulled one or more senior and/or experienced staff away from work on other important planning projects and initiatives (i.e. Official Plan updates, secondary planning, etc.) to assess and respond to the changes. In the last several years, this additional demand on staffing has been virtually continuous. Even without the impacts from Bill 23 and other proposed provincial changes, there would be benefit to reviewing the need for additional CPO staffing required to maintain and/or improve current levels of service. It is noted that current CPO staffing levels are relatively modest in comparison to those in other jurisdictions that provide similar planning services. So, with Bill 23 and the other proposed provincial changes placing even further demands on staffing, it is expected that CPO will require additional staffing to address both short term and longer term/ongoing resource demands. Following are some initial thoughts and considerations in that regard: Page 95 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 11 of 13 Administration/Support Staff Additional staffing (i.e. minimum one FTE) will be required to continue to meet application processing timelines and requirements, maintain tracking systems and related reporting, update and maintain various planning related forms, documents (i.e. Zoning By-law consolidations) and processes, etc. Planning Staff Additional planning staff capacity (i.e. minimum of one FTE) would help to ensure application processing timelines and requirements can continue to be met, while also being able to continue to move forward other important planning projects and initiatives (i.e. OP review, growth forecast updates, secondary planning, zoning by-law updates, additional residential unit implementation, etc.) and respond to ongoing provincial legislative, policy and other changes. Further, as it appears that Bill 23 may eliminate the ability for municipalities to rely on the Conservation Authorities for natural heritage review and expertise, additional in-house staffing and/or consulting services are expected to be required for municipalities to be able to provide that function. If this were to be provided primarily as an in-house service (i.e. by CPO staff), it is expected that a minimum of two additional staff FTEs (i.e. an environmental planner and ecologist) would be required. That said, some additional consulting support (i.e. for field work, peer reviews, etc.) would likely still be required, particularly during the initial transition period. It is noted that the use of consulting services for natural heritage review has raised some concern in terms of availability and costs, as well as the time it takes to obtain review comments from said consultants on some projects. With municipalities across the Province now potentially in need of such services, and bound by prescribed timelines, it is expected that these challenges could become even more pronounced moving forward. Finally, if the role of municipalities with respect to planning for natural hazards (flooding, erosion, etc. as opposed to review of natural heritage resources) and identifying and protecting wetlands (i.e. proposed changes to the Ontario Wetland Evaluation System) were also to increase, as has been proposed, that would have even further increase the need for municipal staff resources and expertise. Area Municipal Staff A number of the changes identified in Attachment 2 (e.g. changes to planning application timelines and processes; parkland dedication, planning and administration; DC administration, etc.) could also place additional demands on area municipal staff resources. To date, CPO staff have not had an opportunity to discuss potential staffing impacts with the area municipalities in any detail. However, it is hoped that the summary contained in Attachment 2 will serve as an initial starting point for discussions in this regard. Summary To date, CPO staff have had very limited time to fully assess the impacts of Bill 23 and the other proposed changes and there is still continued uncertainty with respect to the timing and extent of many of the changes (i.e. many are still being consulted on, or are subject to regulations that have yet to be released). Therefore, at this point, CPO have identified an immediate need for Page 96 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 12 of 13 two additional FTEs. However, once CPO staff have had an opportunity to fully assess the timing and impact of the various changes, the need for additional staffing or other resources may be identified (i.e. through a subsequent report). d) Housing Services Related Resource Implications County Housing Services staff have undertaken an initial, high level, assessment of potential staffing and other municipal resource impacts that are expected to arise from Bill 23 and the various other changes being proposed by the Province. This assessment is provided in Table 2 of Attachment 2 to this report. The changes will reduce funding options for affordable housing and are expect to increase demands on housing staff to update processes and by-laws and administer and monitor agreements for affordable and attainable housing. Further consideration will be given to the impacts on Housing staff resources as the regulations become available. Conclusions The County acknowledges and supports the Province’s stated objective of increasing housing supply. However, County staff are deeply concerned that the passing of Bill 23 will have a variety of significant unintended consequences which may actually have the opposite effect and delay or obstruct the construction of additional housing supply at the scale that is desired. While the intent of the Bill, to create more housing, is laudable, there is nothing in the Bill that guarantees that additional housing will be built. The Bill is in large part premised on the fact that if costs are reduced and timelines to decision advanced, that this will result in more construction, but it does not address other realities in the complex world of development. There is nothing in the Bill compelling a developer to advance an approval to construction or to pass forward any cost savings to consumers; developers sell housing at the price that the market will bear. Bill 23 threatens the ability for municipalities to provide services in a timely and sustainable manner. Existing residents will pay more for growth, as existing taxpayers and ratepayers take on an even greater share of the cost of growth-related infrastructure, the total cost of housing will increase due to higher property taxes and user rates. This comes at a time when municipalities are experiencing capital cost escalation in the range of 15% or more and the highest cost of borrowing in over 10 years. It is imperative that solutions be found through collaboration, cooperation and innovation of all parties. County staff will continue to support municipal organizations, such as the Association of Municipalities of Ontario, to lobby the province to work together with the municipalities in developing solutions that continue to ensure that ‘growth pays for growth’, while further supporting the need to increase the housing supply. Page 97 of 238 Report No: CS 2022-49 CORPORATE SERVICES Council Date: December 14, 2022 Page 13 of 13 SIGNATURES Report Author: Original signed by Jennifer Lavallee, CPA, CGA Manager of Capital Planning Departmental Approval: Original signed by Lynn S. Buchner, CPA, CGA Director of Corporate Services Approved for submission: Original signed by Benjamin R. Addley Interim Chief Administrative Officer ATTACHMENTS Attachment 1 - Minister of Housing, Steve Clark correspondence dated November 30, 2022, to Colin Best, President, Association of Municipalities of Ontario Attachment 2 – Planning and Housing Related Resource Impacts from Bill 23 and Other Provincial Changes Page 98 of 238 234-2022-5420 November 30, 2022 Colin Best President Association of Municipalities of Ontario amopresident@amo.on.ca Dear Colin Best: I am writing to you today in the spirit of the long-standing partnership between Ontario and the Association of Municipalities of Ontario. Since the day our government took office, we have been steadfast in our support and empowerment of our municipal partners. Working together, Ontario has provided tens of billions of dollars in new funding to support municipal services and build critical infrastructure, spurring job creation and creating the conditions for long-term economic growth. During the COVID-19 pandemic, governments rightly put politics aside to work together as a unified team. That is why our government, in partnership with the federal government, was proud to provide over $4 billion to Ontario’s municipalities through the Safe Restart Agreement to address pandemic-related pressures, including for public transit, shelters and other operating costs. In fact, this funding provided one of the largest investments the province has ever made in the housing and homelessness sector. I am writing today to address municipal feedback regarding Bill 23, the More Homes Built Faster Act. In particular, I would like to address the suggested impact the legislation could have on the ability of municipalities to fund infrastructure and services that enable housing. The central intention of Bill 23 is to build more homes that are attainable for our growing population by discounting and exempting municipal fees and taxes for affordable, non- profit and purpose-built rental housing, and new homebuyers who otherwise face these significant costs. For example, municipal fees and taxes currently add an average of $116,900 to the cost of a single-family home in the Greater Toronto Area before a single shovel is in the ground. That’s the size of a down payment for many families, and puts the dream of homeownership out of reach for thousands of Ontarians. I know that you and your membership share our goal of building communities that are welcoming to all residents, including new Canadians – towns and cities where everyone can have a place to call home and the dream of home ownership is kept alive. That is why our decision to rein in unsustainable and out-of-control municipal fees on new homebuyers is the right thing to do, and that is why our position on Bill 23 will not waver. …/2 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 (Ontario) M7A 2J3 Tél. : 416 585-7000 Report No. CS 2022-49 Attachment 1 Page 99 of 238 -2- At the same time, it is critical that municipalities are able to fund and contract road, water, sewer, and other housing enabling infrastructure and services that our growing communities need. There should be no funding shortfall for housing enabling infrastructure as a result of Bill 23, provided municipalities achieve and exceed their housing pledge levels and growth targets. That’s why we are taking immediate action to launch a third-party audit of select municipalities to get a factual understanding of their finances, including their reserve funds and development charge administration. Together, we can use this process to get the facts, make improvements, and better serve taxpayers by exploring alternative tools for growth to appropriately pay for growth rather than continuing to raise development fees on new homebuyers. As we undertake this work together, we are committing to ensuring municipalities are kept whole for any impact to their ability to fund housing enabling infrastructure because of Bill 23. Furthermore, as good partners and in recognition of most municipalities making best efforts to accelerate the issuance of housing permits and approvals to meet and exceed their pledge targets, the government will introduce legislation that, if passed, would delay the implementation of development application refund requirements set out in Bill 109 by six months, from January 1, 2023 to July 1, 2023. The federal government shares our objective of building 1.5 million homes in Ontario over the next 10 years, particularly at a time when it has set ambitious new targets for immigration. The majority of these newcomers will be welcomed to Ontario in search of jobs and opportunity. To this end, the province looks forward to working with our municipal partners to ensure we receive a proportional share of the federal government’s new $4 billion national Housing Accelerator Fund. We also expect that all municipalities will make an application to the federal Housing Accelerator Fund for funding that will support housing enabling infrastructure and relieve municipal charges levied on new homebuyers. Together, we will ensure we can achieve our shared goal of building desperately needed homes. A strong partnership between the Province of Ontario and municipalities is critical if we are to solve our housing supply crisis – and we look forward to continuing our work together. Sincerely, Steve Clark Minister c. The Honourable Doug Ford, Premier of Ontario The Honourable Chrystia Freeland Deputy Prime Minister and Minister of Finance The Honourable Peter Bethlenfalvy, Minister of Finance The Honourable Caroline Mulroney, Minister of Transportation The Honourable Kinga Surma, Minister of Infrastructure The Honourable Prabmeet Sarkaria, President of the Treasury Board Brian Rosborough, Executive Director, AMO Page 100 of 238 Report No. CS 2022-49 Attachment 2 Planning and Housing Related Resource Impacts from Bill 23 and Other Provincial Changes Table 1 - Potential Planning Related Resource Impacts Change/Proposed Change Potential CPO1 Resource impact Potential AM2 Resource Impact Bill 109 Changes (enacted March 2022) Site Plan & Zoning Changes Various process changes (i.e. complete applications, processing timelines) and mandatory fee refunds if timelines not met. Date of effect Jan. 1, 2023, however province just proposed to extend to July 1, 2023. Short term • Staff resources to review and update related processes (e.g. pre-consultation/complete application requirements), documents, forms, etc. Longer term/ongoing • Increased demand on CPO (admin and planners) and PW staff to ensure applications are processed within new time lines. Approx. 82 site plan and 134 zone change applications were processed in Oxford in 2021. Short term • Staff resources to assist CPO with any required process updates. Longer term/on-going • May be increased demand on staffing to meet new site plan timelines (Note: the 3 urbans comprised 80% of these applications). • May precipitate need for a fee review/update to off-set potential financial impacts. Proposed Bill 23 (Enacted Nov. 28, 2022) and Related Changes General Reviewing and responding to the proposed legislative changes (i.e. Bill 23 and other related ERO postings). Date of effect: various Short Term • Such significant Provincial legislative and/or policy changes create disruption and uncertainty and often requires the full and immediate attention of senior/experienced staff to review, assess and respond. This delays and pulls resources away from other important planning projects. Longer term • Enacted changes can take years to fully assess and implement, requiring significant and sustained staff resources. With a new Provincial housing plan proposed to be released every year, demands on CPO staffing are expected to be relatively ongoing/continuous. Short Term • Staff resources to review/assess any local impacts and prepare any additional local comments, where deemed necessary. Longer term • Once changes enacted, staff resources to assist CPO with developing and implementing required updates to local planning processes, documents and forms, etc. Page 101 of 238 General – Tracking and Monitoring A number of changes (i.e. application refunds, application of DCs and parkland rate, etc.) will increase the need for tracking and monitoring Short term • Will require continued dedication of CPO staff and consulting resources to complete/populate new cloud based planning tracking solution. Longer term/ongoing Longer Term/Ongoing • CPO staff resources to maintain tracking information and associated reporting Long Term/Ongoing • May be increased demand on staffing for additional tracking and administration related to calculation of timing based fees for parkland, DCs, etc. Planning Act – Eliminating Public Meetings for Plans of Subdivision Date of effect: Nov. 28, 2022 Short term • CPO staff resources required to review and update local processes, forms, notices etc. to ensure consistency. Short Term • May increase demands on local staff and Council to manage expectations at the local public meeting for any related zone change. Planning Act – Eliminating third party appeals No one other than the applicant, the municipality, certain public bodies, and the Minister will be allowed to appeal minor variance or consent decisions. Date of effect: Nov. 28, 2022 Short term • CPO staff resources to review and update processes, forms, notices etc. to ensure consistency. Short term • Staff resources to update local minor variance processes and notices, with CPO assistance Planning Act – New Exemptions from Site Plan Control • Developments of not more than 10 residential units and any land lease community home; • Exterior building design, except as related to:  access to a building that will contain affordable housing units; and,  building construction required under a by- law referred to in section 97.1 of the Municipal Act (green roofs). Short Term • CPO staffing resources to assist the area municipalities undertake necessary update to their site plan control by-laws and guidelines to reflect this change and to develop alternative mechanisms and processes for obtaining some of the landscaping and exterior design elements (i.e. zoning, development standards, municipal act by-laws etc.) • CPO staffing resource may also be required to update OP policies and subdivision requirements to address matters no longer subject to site plan. Longer term/Ongoing • The use of alternative, potentially less efficient and flexible tools, to Short Term • Local staffing resources to assist CPO staff with necessary updates to site plan control by-laws, process and guidelines and implement any other new and/or updated mechanisms or processes to adapt to the change. Longer term/Ongoing • The use of alternative, potentially less efficient and flexible tools, to continue to implement landscaping and exterior design requirements may require the development of additional documents, guidelines and standards to support and require more Page 102 of 238 The following is also exempted: The appearance of the elements, facilities and works on the land or any adjoining municipal highway is not subject to site plan control, except to the extent that the appearance impacts matters of health, safety, accessibly, sustainable design or the protection of adjoining lands. Date of Effect: Nov. 28, 2022 continue to implement landscaping and exterior design requirements may require the development of additional documents, guidelines and standards to support, which will require more staff time to administer and implement. staff time to administer and implement. Planning Act – Changes to Parkland Dedication Changes to dedication rates, Parks Plan requirements, statutory exemptions, requirement to spend or allocation of reserve funds, rate freezes, owners ability to identify lands to be dedicated, etc. Date of Effect: Nov. 28, 2022 Short to medium term • CPO staff resources to review and update related planning processes and supporting OP policies. Short to medium term • Staff resources to develop and/or update parks plans, parkland dedication by- laws, deal with LPAT appeals, support increased need for tracking and reporting, etc. Longer term/ongoing • Impact of reductions in parkland contributions, cost of LPAT appeals, etc. Planning Act – Changes to Community Benefit Charges (CBCs) Statutory exemptions (e.g. affordable and attainable housing, etc.) and restricting its application to new development only. Date of Effect: Nov. 28, 2022 • CBCs are not currently utilized in Oxford, but are being considered by some area municipalities. • CPO staff resources would be required to assist AMs considering a CBC and develop the required Official Plan policies • Changes are not likely to increase the staff resources that would be required to implement a CBC. • Similar to those noted in CPO column Planning Act – Updated requirements for Additional Residential Units (ARUs) Official Plan policies and zoning by-laws cannot prohibit three residential units per lot (3 in the main building, or 2 in main building and 1 in an accessory building) in a fully serviced settlement (‘parcel of urban residential land’). Municipalities cannot specify Short Term • CPO staff resources will be required to amend the Official Plan and Zoning By-Laws to reflect this change and assist area municipal staff with updating/implementing any other related local processes; • Still unclear if this will change will impact the permission of ARUs in rural areas and what standards municipalities may still be able to apply (e.g. lot Short Term • Staff resources to assist CPO with developing any required OP and zoning updates and implement any other local process that may be deemed necessary (i.e. licensing, registration, etc.) Longer Term/On-going • As such units are exempt from DCs and parkland dedication, permitting them Page 103 of 238 minimum unit sizes or more than one additional parking space per unit. Date of effect: Nov. 28, 2022 (also subject to updates to O. Reg. 299/19, which may provide further details) size standards, confirmation of servicing capacity, maximum unit size, etc.). CPO staff will continue to review and monitor. Longer Term/On-going • As such units are exempt from DCs, permitting them essentially ‘as of right’ could increase funding short falls for required municipal services. essentially ‘as of right’ could increase funding short falls for required municipal services and parkland. Conservation Authorities Act – Eliminate CAs from review of natural heritage and other environmental matters Proposed changes that would prohibit a CA from providing natural heritage related planning review services on behalf of municipalities in relation to applications and process under prescribed Acts. Conservation Authorities would continue to review development applications for ‘natural hazards’ only. Date of effect: January 1, 2023 (but is still subject to passing of a regulation to prescribe the Acts to which it will pertain) The resource implications in this table are based on assumption that a regulation prescribing the Planning Act and other Acts is enacted. Short to medium term • CPO staff resources to review and update planning related processes (i.e. complete application requirements technical guidelines) to clarify when and what natural heritage studies and review are required and front end related requirements. • Review and update Official Plan natural heritage related policies to address changes • Increased need for project management of peer reviews of environmental requirements • Additional resources (i.e. environmental planner, ecologist and/or consulting support) to: scope and review environmental studies; conduct confirmatory field work, establish and monitor implementation of environmental requirements and implementation measures, etc. Longer term/ongoing • development of supporting technical guidelines and implementation tools • Increased costs to County/ Area Municipalities and developers • Will require review of planning application and other fees (i.e. peer review fees/deposits) to recoup additional costs. • May be additional demands on staffing resources to work with CPO to update local processes, documents, fees, etc. • Resource impacts may be somewhat dependent on which Acts (and related review process) are prescribed through the regulation (i.e. local EAs, Planning Act applications, etc.) • This is a change that will likely require ongoing discussions with CPO staff to identify potential local resource impacts and other implications. Page 104 of 238 Conservation Authorities Act – Increase municipal authority/responsibility for review of natural hazards Proposing to increased role of municipalities in review of natural hazards (i.e. through regulation), etc. Date of effect: regulation not yet enacted Longer Term/On-going • Would likely require additional CPO staffing resources and expertise (i.e. staff and/or consulting support) to evaluate and protect such wetlands and maintain related data and mapping. Proposed Ontario Wetland Evaluation System (OWES) Changes If enacted, municipalities would be largely responsible for evaluating, mapping and protecting wetlands. Date of effect: Not yet known Longer Term/On-going • If this responsibility cannot be assigned to CAs (which now appears very unlikely) would require additional CPO staffing resource to evaluate and protect such wetlands and maintain related data and mapping. Review of the Provincial Policy Statement (PPS) The Province is considering comprehensive revisions to the 2020 PPS and combining it with A Place to Grow (i.e. the GGH growth plan), but no details have yet been provided. The preliminary resource impacts identified by staff assume that significant changes to the PPS will end up being proposed. Date of Effect: Unknown, but anticipated sometime in 2023 • Short Term – Similar to the ‘General’ comments above, the significant changes to the PPS that are being proposed will create disruption and uncertainty and require the immediate dedication of senior planning staff resources to review, assess and respond. • Longer term – Some PPS changes take years to fully implement and require significant and sustained planning staff resources. For example, most municipalities are still working to fully implement the 2020 PPS changes and the changes from the previous PPS were limited. The more significant the changes are, the greater the staffing and other resources (e.g. supporting studies, GIS data and analysis, etc.) will be required to implement. • Longer term - Depending on the scale and nature of the proposed changes, may require local municipal staff support to assist CPO staff in developing appropriate policies, zoning any other tools to try to ensure the PPS policies are implemented in a manner that is reflective of the local context and considerations. May also trigger the need for additional local studies and data/information (i.e. additional costs) to support or implement any revised Official Plan policies that may result. Page 105 of 238 Changes to Ontario Heritage Act Date of effect: many changes to come into force on a day to be named by proclamation Short Term • None Longer term • Staff resources will be required to update Official Plan policies to reflect the changes. Further, if AMs choose to proactively identify and evaluate heritage resources moving forward, they may wish for further assistance from CPO staff. Short Term • Staff resources to post the Municipal Register on municipal websites and to designate, or remove, any non-designated properties on their register 2 years after Schedule 6 of Bill 23 in force (to be proclaimed). Longer term • As the ability to designate heritage resources at time of a Planning Act application has been greatly limited, municipalities may wish to consider more proactive identification and evaluation of heritage resources and related staffing resource impacts (i.e. CPO staffing and/or consulting support) Note 1 – Community Planning Office (CPO) Note 2 – Area Municipalities (AM) Table 2 - Potential Housing Services Resource Impacts Change/Proposed Change Potential Housing Services Impact Removal of Housing Services as a DC eligible Service Short term • No immediate impacts as the County currently exempts “affordable housing” from paying DCs Longer term • Removal of this potential funding tool will impact the County’s ability to consider alternative funding models for affordable housing services in the future. • This may significantly impact the ability of municipalities to plan for, deliver, and financially support affordable housing projects. • Will transfer the cost burden to taxpayers and/or increase the County’s reliance on other funding programs offered through Federal/Provincial governments. Changes to Affordable Housing Definitions Affordable housing under the Development Charges Act is now defined as a unit whereby rent is no greater than 80% of the Average Short Term • Following issuance of the updated MMAH Bulletin, housing staff will need to review existing housing programs and related agreements (i.e. Home Ownership and My Second Unit) to determine if changes respecting affordability thresholds are necessary. Page 106 of 238 Market Rent, as well as a home with a purchase price no greater than 80% of the average purchase price according to the bulletin under the Development Charges Act, as published by MMAH. At this time, it is unclear whether the bulletin provided by MMAH will be specific to each Municipality, or in accordance with annual Average Market Rents that are provided for existing Provincially funded housing programs. Longer Term • While long-term financial impacts are not expected from this change, the anticipated Average Market Rents may have a significant impact on the affordability thresholds of existing housing programs, including existing provincially funded affordable housing projects. • Depending on what is contained in the updated MMAH Bulletin, housing staff may need to revaluate existing program eligibility thresholds, with consideration for greater gaps, and associated needs, along the housing continuum. • As there may be more housing projects that will qualify for the DC exemptions for affordable housing under the new definition, housing staff may be required to administer more agreements, and ensure affordability terms (25 years) are maintained. Administering and monitoring more agreements may increase demand on housing staff resources. Introduction of new attainable housing definition/exemption Short term • The definition of “attainable housing” has yet to be defined through regulations. However, it is clear the County will need to enter into agreements to ensure attainable units are considered ‘attainable’ at the time they are sold. Administering and monitoring such agreements could increase demands on housing staff and legal fees associated with registering such agreements on title. • Will likely also require the County to consider amendments to existing Housing Facilities By-Laws to include ‘Attainable Housing Units’. Proposed amendments to rental conversion regulation under the Municipal Act • Once further details on this amended regulation have been released, housing staff will need to complete a review to determine if it would be useful in the context of the County and Area Municipalities and any associated resource impacts. New parkland dedication requirement and exemptions for Affordable, Attainable, and Non- Profit Housing • It is expected that there will be increased demands on housing staff resources to assist Area Municipalities with confirming such units for the purposes of ensuring parkland reductions/exemptions are applicable. This will include confirmation of related agreements, if applicable. Page 107 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 1 of 15 To: Warden and Members of County Council From: Director of Community Planning Review of A Place to Grow and Provincial Policy Statement RECOMMENDATION 1. That the Director of Community Planning, in consultation with other County staff as required, prepare and submit the County of Oxford’s formal comments in response to the Provincial consultations on the Review of A Place to Grow and Provincial Policy Statement, and other related ERO postings, as generally outlined in Report No. CP 2022-413; 2. And further, that Report No. CP 2022-413 be circulated to the Area Municipalities for information. REPORT HIGHLIGHTS  Along with consultation on Bill 23, the More Homes Built Faster Act the Province has also commenced a review of A Place to Grow (APTG) and the Provincial Policy Statement (PPS). This consultation is being undertaken as part of a series of postings on the Environmental Registry of Ontario (ERO), with aggressive commenting deadlines of December 30, 2022.  This report builds from CP 2022-407 and provides an overview of the various legislative amendments currently being considered through the review of APTG and PPS and changes to natural heritage protection and natural hazard regulations under the Conservation Authorities Act, among others.  This report summarizes the key areas of focus for the County’s proposed response to these Provincial consultations and outlines some of the preliminary proposed responses. Implementation Points The recommendations contained in this report will have no immediate impacts with respect to implementation. However, a number of the proposed legislative changes and other actions would have significant implications for the local implementation of land use planning, environmental and heritage protections, and various other matters and, as such, may require potential review and/or update of various County and Area Municipal policies, processes and standards. Page 108 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 2 of 15 Financial Impact If enacted, a number of the proposed legislative and regulatory changes identified in this report could have significant financial impacts for the County and Area Municipalities, including the need for additional staffing and other resources. An initial assessment of these financial impacts is provided in report CS 2022-49 (included on the December 14 agenda). Communications Communication is proposed to be through the inclusion of this report on the County Council agenda and related communications and circulation to the area municipalities. Strategic Plan (2020-2022) WORKS WELL TOGETHER WELL CONNECTED SHAPES THE FUTURE INFORMS & ENGAGES PERFORMS & DELIVERS POSITIVE IMPACT 3.ii. 3.iii. 4.i. 4.ii. DISCUSSION Background On October 25, 2022, the Province initiated consultation with respect to a range of legislative changes, policies and other actions being considered or proposed as part of the second phase of their 2022 housing supply action plan (i.e. More Homes for Everyone Plan) and associated More Homes Built Faster Act (Bill 23), which received royal assent on November 28, 2022. This consultation process was initiated through a series of postings on the Environmental Registry of Ontario (ERO). According to the Province’s consultation materials, the current postings are intended to comprise the next phase of ‘Housing Supply Action Plans’ that the Province has been utilizing to implement the various recommendations in the Provincial Housing Affordability Task Force’s report, which was released earlier this year. A summary of the key legislative and other changes introduced through the previous phases (i.e. More Homes for Everyone Act and related Housing Supply Action Plan) was provided to Council earlier this year through report CP 2022-180. It is noted that the County and various other municipalities, public bodies and organizations submitted comprehensive comments and suggestions in response to the previous phases of the Province’s housing supply action plan consultations. However, it does not appear that the Province made any substantial changes or adjustments to the proposed legislation or associated regulations in response to the feedback provided. Page 109 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 3 of 15 The consultation on the current postings represents the first, and likely only, opportunity to review and provide feedback on the specific changes being proposed and/or considered by the Province as part of their Phase 3 Housing Supply Action Plan. The focus of this report will be on providing Council with the preliminary proposed responses to the consultations regarding the a review of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (APTG) and the Provincial Policy Statement (PPS), along with several other related ERO postings. The following graphic provides a summary of the various ERO postings to date and how staff are intending to keep Council apprised of the proposed changes and related comments and concerns. Commentary An overview of the key areas for proposed response to the Province on the changes being considered and/or proposed with respect to the APTG and PPS and to natural heritage protections and the regulation of natural hazards is provided below. Potential ERO Comment Update Report Further details/insights on ERO Postings above, and: Update on any new information Update on responses to ERO postings with 30 to 45 day closing dates Report Introducing to Legislative, Regulatory and Related Changes Focusing on ERO Postings: Overview of the consultations on More Home Built Faster, Bill 23, ERO 019-6162 Providing initial information and overview on: Municipal Housing Targets. ERO 019-6171 Proposed Planning Act and Development Charges Act changes (as part of Bill 23) ERO 019-6172 Proposed Planning Act changes (including ARUs) ERO 019- 6163 Conservation Authority Act Changes ERO 019-6141 Updates to Wetland Evaluation System ERO 019-6160 Updates to the Ontario Heritage Act ERO 019-6196 Changes to O. Reg 232/18 Inclusionary Zoning ERO 019-6173 Changes to O. Reg 299/19 Additional Residential Units ERO 019-6197  ERO Comment Deadlines November 24, 2022 and December 9, 2022  Report to County Council November 9, 2022 CP 019 2022-407  Comments submitted to the Province November 24, 2022 Report Responding to the Provincial Policy Review, and Related Changes Focusing on ERO Postings: Review of A Place to Grow and Provincial Policy Statement ERO 019-6177 Changes to Natural Heritage Protections (Offsetting) ERO 019- 6161 Proposed updates to the Regulation of Natural Hazards in Ontario ERO 019-2927 Updates on any new information, ERO postings or related materials  ERO Comment Deadlines December 30, 2022  Report to County Council December 14, 2022  Report to County Council November 23, 2022 (if necessary) Page 110 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 4 of 15 1. Review of A Place to Grow and Provincial Policy Statement (ERO 019-6177) The Province is proposing to integrate the PPS and APTG into a new province-wide planning policy instrument that they have indicated is intended to:  Leverage the housing-supportive policies of both policy documents;  Remove or streamline policies that result in duplication, delays or burden the development of housing;  Ensure key growth management and planning tools are available where needed across the province to increase housing supply and support a range and mix of housing options;  Continue to protect the environment, cultural heritage and public health and safety; and  Ensure that growth is supported with the appropriate amount and type of community infrastructure. The intended outcome of this review is to determine the best approach to enable municipalities to accelerate the development of housing and increase housing supply (including rural housing), through a more streamlined, province-wide land use planning policy framework. The PPS is the primary policy document for providing provincial direction on land use planning and related decision making across the Province. In some areas (e.g., Greater Golden Horseshoe), the PPS is also overlain by provincial growth plans which provide more specific and/or detailed provincial direction on land use matters for a particular geographic area (e.g., APTG). The current PPS, 2020 has evolved considerably from the original 1996 document through regular reviews and updates (i.e. approx. every 5 years) that involved extensive and meaningful consultation with and input from municipalities (including extensive input from the Oxford County on many key policy areas) and other stakeholders. As a result, the current PPS policies have had the benefit of being informed and improved by years of municipal input, practical application and experience, and OMB/LPAT and legal decisions. As such, the current PPS policies are, for the most part, concise, responsive, and effective and generally enable and support the achievement of local planning and community objectives in Oxford. In terms of APTG, it is important to note that the policies in that document do not currently apply to the County of Oxford or most other municipalities in South Western Ontario (i.e. only to municipalities within the Greater Golden Horseshoe). As previously noted, APTG provides additional and/or more detailed policy direction than the PPS with respect to a number of planning matters, such as;  Prescribing growth allocations and targets for overall growth (people and jobs), as well as identifying and prescribing ‘urban growth centers’, built boundaries, and greenfield areas with more specific sub-targets and densities. Growth allocations are prescribed to the upper-tier municipalities which then disseminate how growth will occur between and among area municipalities while achieving all of the various targets and requirements.  Establishing more detailed growth targets for “Major Transit Station Areas (MTSAs)”, which also enables a greater range of planning tools (e.g. inclusionary zoning) for these areas. Page 111 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 5 of 15  Planning for large-scale development in greenfield areas, including through secondary plans, must be informed by a subwatershed plan or equivalent, which includes master planning for related infrastructure including water, waste water and stormwater management and various other matters (i.e. natural heritage considerations etc.).  Prescribing a natural heritage system and agricultural system (including mapping), and more detailed policies and requirements for these systems, including for greater protection, mitigation measures, and refinement opportunities.  Implementation to achieve “conformity” with the requirements of APTG is also prescribed with a deadline which upper tier municipalities are required to meet. The last deadline was July 1, 2022, and the plan is also to be reviewed on a 10 year cycle, similar to the PPS (and was last reviewed in 2019). It is noted that the PPS review cycle was recently increased from 5 to 10 years at the request of municipalities. The intent was that this would provide the provincial policy stability and certainty necessary to allow for:  the Province to focus on completing the various implementation guidelines and other tools that municipalities have previously requested to assist them with implementation of the policies; and  municipalities to focus their limited resources on developing and implementing effective local policy approaches and other tools to implement the PPS policies and complete other projects to achieve their various planning objectives. Therefore, it is unclear why the Province has decided to initiate another comprehensive review of the PPS and APTG, when both documents were just comprehensively reviewed and updated within the last 3 years. A key concern is that such a review may scale back some of the critical provincial policy direction that supports municipalities in the development of complete, liveable and sustainable communities, efficient use of land and infrastructure, protection of natural and cultural resources and other key matters, without substantively improving the ability of the Province or municipalities to increase the supply or affordability of housing. Further, it is noted that the Province’s ‘freezing’ of decisions on various Official Plan updates across the Province (including the County’s agricultural policy updates) and continued changes to Ontario’s planning system (i.e. Bill 109, Bill 23, PPS and CA changes, yearly housing supply action plans etc.) is creating unnecessary uncertainty and, in many cases, actually disrupting and/or delaying the essential planning and implementation that is already being undertaken by municipalities to enable and support growth and ‘building more homes’ in the Province. At the same time, municipalities are still awaiting many long requested Provincial guidance documents and other tools necessary to help facilitate the efficient and effective implementation of the provincial policies that are already in place. That said, it is recognized that there is always room for improvement. As such, planning staff have been working to identify specific PPS policy areas where potential refinements could potentially assist the Province and municipalities in achieving their housing and related objectives. Planning staff are of the opinion that any revisions to the PPS should be limited in scope and clearly focused on the objective of increasing housing supply and affordability, while at the same time ensuring they do not in any way undermine or compromise other key planning objectives (e.g. protecting prime agricultural areas and the environment, building complete, livable communities etc.). Page 112 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 6 of 15 Summary of Preliminary Proposed PPS/APTG Comments The following is a high level summary of some of the key comments Planning staff are currently proposing be submitted to the Province in response to the review of the PPS/APTG: i) General  That the current ‘shall be consistent with’ test in the PPS be maintained.  That the majority of the existing 2020 PPS policies are working well and should be maintained unchanged, except for those potential policy changes specifically identified in the County’s submission. This targeted approach will ensure the provincial policy certainty and stability necessary for municipalities to continue to proceed with the implementation of key measures (i.e. Official Plan and zoning updates, secondary planning and servicing strategies, planning for infrastructure, process improvements etc.) to achieve their housing and other objectives, while also identifying specific policy revisions that could further assist municipalities in the creation of additional housing.  The Province should strive to provide legislative and policy stability in land use planning system together with increased implementation support, so that municipalities can focus on completing the necessary land use and infrastructure planning required to sustainably accommodate forecasted growth. With some exceptions (e.g. as noted in the comments provided), the legislation and policies already in place provide the support and flexibility necessary to accommodate a sufficient supply and range of housing, it simply requires time and resources to fully implement. Unfortunately, the numerous and frequent changes to planning legislation and policies over the past several years have diverted limited municipal resources and focus away from implementation. Having insufficient time and stability to properly implement changes, and to monitor and assess the uptake or impact of the changes, creates inefficiency, unexpected consequences, and uncertainty for municipalities and the development industry.  Re-iterate the County’s previous requests for the Province to complete various new and/or updated technical and/or implementation guidelines to assist municipalities in more consistently and efficiently implementing the current provincial policy direction.  That the Province release a ‘tracked change’ copy of any proposed PPS policy revisions and provide sufficient time (i.e. minimum 90 days) for detailed review by and consultation with municipalities on the proposed changes. Page 113 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 7 of 15 ii) Residential Land Supply Settlement Area Boundary Expansions  The County strongly supported the increase in the planning horizon from 20 to 25 years (was actually a change requested by Oxford), as it provided the necessary flexibility to undertake comprehensive planning (i.e. to better ensure efficient use of infrastructure and services and build complete communities) and address land supply constraints and challenges, particularly in smaller urban and/or rural municipalities. That said, Oxford has also long taken a relatively unique and dynamic approach to growth management/settlement expansions, which is to strive to maintain a relatively continuous 25 year supply of growth land to accommodate forecasted growth in each area municipalities. This is accomplished through regular (i.e. 5 year) growth forecast updates, ongoing land supply monitoring, and initiation of individual Official Plan Amendment (OPA) processes for settlement expansions (i.e. not waiting to undertake all expansions at once as part of a Provincially approved OP review process), where deemed appropriate. In our experience, this approach provides the much needed flexibility to adjust the timing of the process to accommodate local circumstances (i.e. timing and direction of municipal boundary adjustments, availability of servicing capacity etc.), make efficient use of limited staffing and financial resources, and more quickly react to changes in growth land need. As such, promoting this same approach elsewhere (i.e. for other smaller urban/rural municipalities like Oxford) would also allow other municipalities in the Province to more dynamically respond to their growth land needs. As such, the Province should ensure that any PPS updates and associated implementation guidelines provide the necessary flexibility to enable and/or support Oxford’s approach.  Provide additional flexibility for small/limited settlement expansions to facilitate ‘good planning’ in smaller rural communities without the need to undertake a full ‘comprehensive review’ (e.g. for one time, minor rounding of and/or ‘squaring off’ of rural clusters/hamlets, to accommodate new and/or expanding rural employment uses that would be more appropriate to locate in a settlement etc.). Employment Area Conversions  Provide additional direction on how provincially and/or regionally significant employment areas are to be identified, so that it is clear which employment lands are protected from conversion to other uses and which could potentially be considered for re-development to residential use, where appropriate. Housing Mix  Clarify PPS references with respect to ‘market need/demand’ for housing to ensure it does not support housing forms that may be desired by the market (i.e. large single detached lots, woodland lots etc.), but would undermine key planning objectives (e.g. planning for sustainable communities, protecting agricultural and natural resources etc.). Page 114 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 8 of 15  Similar to the APTG, provide more specific provincial policy direction with respect to minimum density and unit mix targets for fully serviced settlement areas to ensure more consistency in the efficient use of land and infrastructure across the Province. Further, encourage all municipalities to identify urban growth centres (i.e. downtowns) and other key intensification areas (i.e. nodes and corridors, significant transit hubs etc.) with more specific minimum density and unit mix requirements where appropriate, and provide Provincial support for such measures (e.g., limit rights of appeal, use of inclusionary zoning, implementation guidelines etc.).  Continue to support the alignment of affordable housing targets with Housing and Homelessness Plans and provide additional clarity on the definitions and criteria for affordable housing and attainable housing (i.e., to align with the Bill 23 changes)  Ensure the policies provide the necessary land use basis for municipalities to specifically plan for, maintain, and require housing based on tenure (i.e., rental vs. ownership), where deemed necessary or appropriate to address local housing needs. iii) Growth Management  Some Residential Land Supply comments outlined above are also related to Growth Management  Maintain and, where possible, strengthen the current PPS policy direction with respect to: o directing growth to fully serviced settlements (i.e. to ensure efficient use of land, services and infrastructure and support complete, sustainable communities) and limiting growth in other areas; and o ensuring new development has a compact form and mix of uses and densities that ensure the efficient use of land, infrastructure and public service facilities.  Eliminate or clarify the ‘regional market area’ concept, so that it does not unduly restrict the ability of a particular local municipality within an upper tier municipality (i.e. regional market area) from designating additional residential growth, simply because another municipality in that upper tier municipality may have excess residential growth land. iv) Environmental and Natural Resources Agriculture (also includes comments on Rural Housing) The province’s stated goal for the review of the agricultural policies is to continue to protect prime agricultural areas, while also increasing flexibility to enable more residential development in rural areas that minimizes negative impacts to farmland and farm operations. In this regard, staff have a number of comments as follows: Page 115 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 9 of 15  The most effective means of enabling more residential development in rural areas, while not negatively impacting agriculture, is to accommodate such development in fully serviced settlement areas (i.e. Serviced Villages) and through minor infilling and minor rounding out within existing partially and privately serviced settlement areas (also see comments with respect to minor settlement expansions under Residential Land Supply). This approach is already generally supported by the PPS policies. However, to ensure this it is consistently applied (i.e. that all municipalities are efficiently utilizing and protecting agricultural land), the Province should require that all rural municipalities have at least one fully serviced settlement with sufficient land supply and servicing capacity to accommodate their forecasted residential growth (including establishing minimum densities for such growth as previously noted) and further clarify that the expansion of existing privately/partially serviced settlement boundaries to accommodate residential growth is not generally be permitted.  Maintain current limitations on new non-farm rural residential lot creation (as such development is an inefficient use of land and can hinder/conflict with agricultural operations). However, one reasonable exception that could potentially be considered would be to allow for the severance of an existing farm dwelling from a lot containing two or more dwellings that have existed as of a certain fixed date (i.e. pre 1996, to prevent house harvesting) without the need for a farm consolidation, provided certain criteria can be met (i.e. servicing, access, MDS, construction of further dwellings is prohibited etc.)  To complement the above approaches, the Province could also consider: o Minor updates to the lot creation policies to allow for the splitting of existing, small (i.e. <2.5 ac), non-farm residentially zoned lots in agricultural areas. This would allow for more efficient use of existing non-agricultural land and increase the supply of housing in rural areas, with no loss of agricultural land and limited, if any, additional impact on agricultural operations. o Clarifying that the establishment of additional residential units (ARUs) may be permitted on lots located outside of rural settlements (i.e. on rural residential lots and farms), subject to appropriate locational (i.e. within or in close proximity to the principal dwelling), scale (i.e. maximum floor area etc.) and other criteria (i.e. servicing). If appropriately implemented (e.g. as per Oxford’s draft ARU policies) this measure, combined with ARUs in rural settlements, could serve to substantially increase rural housing opportunities while also supporting the needs of farm families (i.e. facilitate elder and/or child care etc.), with limited to no additional impact on agricultural operations. o Point out the innovative policies the County recently developed to protect and support agriculture and provide a range of rural economic development opportunities (i.e. agricultural related uses, on-farm diversified uses, rural entrepreneurial uses etc.) as a model for Province. Further, request that the Province expedite their approval of those policies and offer to work directly with the Province to develop further policies and other tools to further support such innovative policy approaches. Page 116 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 10 of 15 Natural Heritage  It is noted that the need to review this policy area does not appear to be supported by the Province’s stated goal of increasing housing supply, as the protection of natural heritage resources is not generally a significant obstacle to the creation of housing and is critical to the long term health and sustainability of our communities and the Province.  As such, the current natural heritage policy direction in the PPS should be maintained and, if anything, strengthened. It is critical that the Province continue to require a systems based approach to natural heritage and water resources that ensures that the diversity and connectivity of natural heritage systems is maintained, enhanced or restored and that these systems include linkages between and among natural heritage features, surface water features and groundwater features.  That said, planning staff are of the opinion that there are opportunities to streamline the processes and timelines for natural heritage planning approvals without putting natural heritage systems at risk and are confident that such opportunities can be identified through fulsome engagement with a range of experts in land use and environmental planning, including qualified County and area municipal staff. See related comments below in Section 2 – Conserving Ontario’s Natural Heritage. Natural and Human Made Hazards  Significant recommendations to update and overhaul the technical standards and approaches for flood-prone areas coming from the Province’s 2020 Flood Strategy, which are intended to help ensure an avoidance-first approach to managing the impacts of flooding, and avoiding greater risks and long-term costs in light of more extreme and changing weather patterns. Accordingly, the County is suggesting that the Province first advance the changes to the technical approaches to flood management in Ontario, including consultation and engagement with municipalities and conservation authorities as part of this approach, before undertaking policy updates to streamline and clarify policy direction for development in natural hazard areas, such as flood plains, within Provincial policy. Aggregates  The PPS should provide clearer direction on the need for the cumulative impacts of multiple aggregate operations in an area to be considered and addressed.  The proper rehabilitation of aggregate extraction sites represents one of the g reatest opportunities to take coordinated action to improve the natural environment in Oxford and many other areas of the Province. As such, the Province should work closely with affected municipalities to develop clear and supportive PPS policies and comprehensive rehabilitation strategies for aggregate extraction that identify and maximize opportunities to restore and enhance the natural heritage system, where appropriate. Page 117 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 11 of 15 v) Community Infrastructure Infrastructure Supply and Capacity  Reiterate the County’s previous concerns (e.g. construction and operational standards, potential for County to be ordered to assume operation of such systems if future issues arise etc.) with allowing the use of private communal systems for new development.  The need for further Provincial direction and support for undertaking master servicing plans to support long term integrated growth and infrastructure planning.  Provide clearer direction and support municipalities to regulate development on private water and wastewater services in order to ensure such servicing will be sustainable over the long term and have no negative impacts (either individually or cumulatively). This may include updated implementation guidelines and clear authority to regulate minimum lot size, type of systems permitted, monitoring requirements, securities etc. School Capacity  As Schools are essential to the development of complete communities, planning for school facilities needs to be more directly integrated with planning for growth in all larger, growing communities, not just ‘high growth’ communities as identified by the Province. 2. Conserving Ontario’s Natural Heritage – Offsetting (ERO 019-6161) The Province is also seeking feedback on how Ontario could offset development pressures on wetlands, woodlands, and other natural wildlife habitat, as the Ministry of Natural Resources and Forestry (MNRF) is considering developing an offset policy. The Province has indicated that the intent of an offset policy would be to require a net positive impact on these features and help reverse the decades-long trend of natural heritage loss in Ontario through a discussion paper. Ecological offsetting is an approach wherein natural features are permitted to be removed (in whole or in part) as part of land use decisions and are ‘offset’ or ‘compensated’ by creation of new natural heritage features, with the goal of at least matching the area, biodiversity, ecological, and hydrological functions provided by the feature being removed. Planning staff note that offsetting programs typically have a number of challenges and complexities (e.g. inability to recreate functions being removed, loss of genetic diversity and biodiversity, poor implementation or little to no oversight, undervaluing of features being removed) which require careful consideration in the design of offsetting policies, program design and criteria, as well as in the administration, implementation and monitoring of successes and failures of the offsetting projects to improve outcomes over time. Overall the County is not opposed to the Province working closely with municipalities and other public and private sector partners to develop minimum standards/policy requirements for an offsetting policy. That said, the current discussion paper fails to acknowledge the complexity, challenges and costs in managing and implementing the re-creation of ecosystems, let alone through municipal planning approvals spread across the Province and at a multitude of scales. There is also a very real risk that an offsetting policy could set precedents for the removal of Page 118 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 12 of 15 wetlands, woodlands, and wildlife habitat, irrespective of significance and result in accelerating not only the loss of natural heritage, but also biodiversity, as well as the loss of essential carbon sinks and sequestration functions that these ecosystems provide and are necessary to achieve greenhouse gas reduction goals. The concern is that off-setting does not just become synonymous for ‘pay to pave’ and will ensure that legitimate and effective off -setting occurs and only in very limited and appropriate circumstances and does not simply become the default option for new development. Planning staff also note that municipalities and their conservation authority counterparts can already implement offsetting measures for natural heritage features and areas within the existing natural heritage policies and requirements under the PPS, 2020, in certain circumstances. In particular, to help address the loss of features and areas which do not meet the criteria to be ‘significant’ under the PPS, or in situations where development is otherwise permitted within natural heritage features and areas and it results in their removal (in whole or in part). These circumstances already provide sufficient opportunities for offsetting considerations and to evaluate and address the challenges associated with offsetting approaches. It is also noted that offsetting programs and undertakings are likely to require additional municipal resources (e.g. staff) with multi-disciplinary backgrounds, and are not typically “quick” solutions to get development approved or to implement as part of planning approvals. As such, should the Province mandate offsetting into provincial policy, it should be understood that establishing legitimate and effective offsetting solutions for natural heritage loss may actually slow down the processing of development applications, which seems counter intuitive to ‘getting more homes built faster’. Staff have also identified additional concerns and gaps with respect to the Province’s proposed approach for developing an offsetting framework, including:  The Province’s concept of ‘net gain’ should ensure that no loss of extent or area, as well as both quality and function, in order to help ensure a reasonable result of net gain for biodiversity as well;  The principle of avoidance first needs to be clearly established to ensure that offsetting is only used as a last step after other options to avoid and mitigate any impacts on natural heritage are considered;  The design and implementation of a biodiversity offset should be well a documented process informed by sound science;  There should be clear limits as to where offsetting is not an option (e.g. offsetting should not be permitted for Provincially Significant Wetlands or any other ‘significant’ natural heritage feature or area where development would not be permitted currently under the 2020 PPS).  The Province should include requirements for the location of offsets to be as close to the location of the feature as necessary. This is in order to ensure that municipalities and subwatersheds with high growth pressures do not suffer from further reductions in natural cover, loss of biodiversity, or functional losses in the performance of ecosystems (i.e. flood attenuation); and Page 119 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 13 of 15  The Province should not permit “banking” or “cash in lieu” frameworks for offsetting based on the valuation of features, as these systems consistently undervalue the ecological goods and services provided by features, fail to consider the full costs (including monitoring and adaptive management) for feature creation, and do not ensure that suitable alternative lands are available for these purposes and that they can be secured for the long term). 3. Proposed updates to the regulation of development for the protection of people and property from natural hazards in Ontario - ERO 019-2927 It is understood that the Province is proposing to create a regulation governing the activities that require permits under the Conservation Authorities Act (CAA), and that the proposed regulation would focus permitting decisions on matters related to the control of flooding and other natural hazards and the protection of people and property, and that this is also to implement a recommendation from the Province’s 2020 Flooding Strategy. As part of the ERO posting the Province is also consulting on streamlining rules for development, and to improve the coordination between Conservation Authority (CA) permitting and municipal planning approvals, potentially through a future regulation. With respect to the proposed changes to under Section 28 of the CAA, staff note the following:  The Province is proposing a group of activities to “streamline” approvals (i.e. proponents may need to submit/register information with the CA prior to engaging in an activity, but wouldn’t be subject to a ‘review process’. Many of the activities proposed for streamline may be minor enough to not necessarily require building permits for structures (subject to scale), and as such the County supports aligning or streamline these types of approvals.  The County shares concerns identified by CAs regarding proposed updates to the definition of “watercourse” from an identifiable depression in which water regularly or continuously flows, to a defined channel having a bed, and banks or sides. This change in definition eliminates regulation of headwater areas and smaller tributaries which typically lack a clearly defined channel (bed, bank and sides), and are important sources of water to support fish habitat, maintain water quality and hydrological functions. These headwater areas can also be important areas of recharge for municipal drinking water supplies. As such, the Province should not exclude headwater features from the definition of ‘watercourse’ in the regulation.  The proposed regulation would also establish requirements for a process for CAs to develop complete application frameworks, and establishes minimums with respect to complete application requirements for CA permits. The County supports the concept of complete application requirements as a means to ensure submissions include all required information for faster review and processing of applications. The Province should also clarify that applicable permit fees could be collected as part of a complete application. The County has serious concern that the Province is proposing to streamline the conservation authority regulation requirements for flood hazards and the related PPS policies, without also updating the applicable flood event technical standards and natural hazard technical guides used for hazard management purposes, including for municipal planning as well as conservation authority regulatory purposes. As noted in the comments regarding the review of APTG and PPS, the Province’s flood strategy identified significant and major deficiencies in the existing flood standards used within both the PPS and the CAA. The review of these standards needs to be Page 120 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 14 of 15 made a priority given the increasing risks to municipalities, people and property resulting from changing weather patterns and more extreme storm events. Improved coordination between Conservation Authorities Act regulations and municipal planning approvals It is understood that the Province is also consulting on how development could be exempt where permitted under the Planning Act from requiring a permit under the Conservation Authorities Act, through a future regulation (that is not yet proposed). The County’s response to Bill 23 provided comments pertaining to the main CA Act changes proposed which would create the ability for the Province to propose such a regulation, and more specifically that the Province should:  Keep all existing natural hazard-related responsibilities with CAs, as they already have the technical knowledge, capacity and resources to implement necessary restrictions and requirements where development is proposed in areas of natural hazards. Existing processes are already established to integrate these requirements and information, and changes to these processes could create further delays in development timelines.  Look for ways to streamline or establish greater consistencies on permit requirements and conditions that are imposed on CA permits, without downloading responsibilities to municipalities, for development applications, and get input from the existing multi-stakeholder Conservation Authorities Working Group (CAWG) and municipalities on how to do this.  Consider improving language (through the PPS update) on how natural hazards should be considered through Planning Act requirements and how CAs and municipalities should integrate information into municipal planning documents to achieve this. Given that the Province has since moved ahead with the Bill 23 changes despite widespread municipal concerns, staff are also suggesting that the Province:  Only consider the download of natural hazard responsibilities through a regulation where municipalities are willing/interested (indicated by way of a council resolution).  That interested municipalities should have to demonstrate how they have the technical knowledge, resources and capabilities necessary to implement permits related requirements as part of development approvals, and should also have to agree to assume the increased liability and associated costs which may occur as a result of any exemptions (similar to the MOU which exists between the Province and CAs for this purpose).  The exemption should also not apply to the removal of wetlands and/or alteration of waterways and/or modification of shorelines, nor should works in areas of steep or unstable soils or bedrock.  Clarify how permit related conditions could be applied to Planning Act applications such as zoning by-law amendments, which are not subject to conditions of approval. It is currently unclear how permit requirements could be imposed through such applications.  Clarify what implementation tools the Province expects to be used to ensure that municipalities consistently flag and impose natural hazard requirements in accordance with Provincial standards. Given that the establishment of mapping and the interpretation of the Section 28 regulation is the responsibility of the CAs. Page 121 of 238 Report No: CP 2022-413 COMMUNITY PLANNING Council Date: December 14, 2022 Page 15 of 15 Conclusions The potential changes to the Provincial Policy Statement and natural heritage and natural hazard planning being considered and/or proposed by the Province through the ERO postings discussed in this report could potentially have a significant impact on land use, infrastructure and environmental planning across the province. Therefore, if such changes are enacted by the Province, the County and Area Municipalities will need to undertake updates to various policies, processes and standards and review related staffing and other resource impacts to ensure the changes can be effectively addressed and implemented in the Oxford context. Given the extent of the changes being considered and the short review and commenting deadline provided by the Province, County staff are seeking County Council’s direction to prepare and submit formal comments to the Province on behalf of the County. It is intended that these comments will be focused primarily on the key policy areas and matters outlined in this report. County staff will ensure that County Council is kept apprised of any comments submitted to the Province and will continue to monitor the progress of the policy and other changes being proposed, and advise County Council of any relevant changes and/or opportunities for comment on matters that may be of particular interest or concern to the County or Area Municipalities. SIGNATURES Report Author: Original signed by Paul Michiels Manager of Planning Policy Departmental Approval: Original signed by Gordon K. Hough Director of Community Planning Approved for submission: Original signed by Benjamin R. Addley Interim Chief Administrative Officer Page 122 of 238 234-2022-5422 January 4, 2023 Dear Heads of Council, I’m pleased to share an update on key initiatives underway at my ministry to help meet our government’s goal of building 1.5 million new homes over the next 10 years. The legislature recently passed our government’s More Homes Built Faster Act, 2022 which takes bold action to ensure that all communities can grow with a mix of ownership and rental housing types to meet the needs of all Ontarians. Our government knows that building inspectors play a critical role in ensuring that new homes meet the public safety requirements set out in Ontario’s Building Code. However, the capacity of municipal building departments has been impacted by recruitment challenges and the increasing number of building inspectors retiring from the profession. That’s why, earlier this year, we took action to help municipalities address labour supply shortages in the building sector by amending the Building Code to provide a new model for municipal building departments to design and administer internship programs for building inspectors. Effective July 1, 2022, municipal building departments can establish program entry criteria for interns that meet their own local recruitment and enforcement needs. This new internship model supports public safety by continuing to require that a qualified building inspector or Chief Building Official supervises the work of interns. The interns must also pass ministry technical and legal exams before being able to practice independently as building inspectors. In the coming months, the ministry will develop guidance materials to support municipalities that are interesting in launching local programs to recruit new intern building inspectors. We look forward to working with municipalities to implement local internships. Additionally, the ministry has engaged a consultant to identify opportunities for enhancements to the qualification program for building practitioners. We are seeking input from the public, including municipalities, building inspectors, designers, septic installers and building professionals not regulated by the ministry. This feedback will help guide future decisions on new approaches to qualification. For more information and to review the discussion paper, please visit the Environmental Registry of Ontario (ERO) website at https://ero.ontario.ca/notice/019-6433. …/2 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 (Ontario) M7A 2J3 Tél. : 416 585-7000 Page 123 of 238 -2- In addition to this ongoing work, the ministry is modernizing the provincial Qualification and Registration Tracking System (QuARTS). QuARTS is used by over 7,000 building practitioners to update their qualification and registration information online and to help the government regulate safety and compliance in the Ontario building industry. Modernizing QuARTS will create a more efficient and user-friendly system, allowing building officials to spend more time on the important task of reviewing and issuing building permits to support the government’s key priority of increasing housing stock. Finally, the ministry made the 2012 Building Code Compendium freely available in Adobe PDF format through the website (https://www.ontario.ca/page/request-digital-copy-2012- building-code-compendium). Since its launch in March 2022, the ministry has provided free copies to over 5,000 building professionals to reduce barriers and help accelerate the construction of new homes across the province. This initiative has enabled inspectors to access Building Code requirements while performing their work onsite in a more convenient format. Additionally, candidates studying for the ministry’s exams are able to access and learn Building Code content in an easy to navigate, user-friendly manner. As part of the plan to build 1.5 million homes over the next 10 years, the government looks forward to continuing consultations with municipalities, the building industry and the public)to investigate further changes to Ontario’s Building Code in order to create more housing and support public safety. If you are interested in learning more about any of the ministry’s initiatives related to the transformation of Building Code services in Ontario, please contact us at BuildingTransformation@ontario.ca. Thank you for your continued partnership as we work together to get more homes built faster for all Ontarians. Sincerely, Steve Clark Minister c: Municipal Clerks Page 124 of 238 Page 1 of 4 Subject: CS 23-01 Committee Member Selection Department: Corporate Services Department Submitted by: Laura Pickersgill, Executive Assistant Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT Council receives report CS 23-01 Committee Member Selection; AND THAT a by-law to appoint members to Town of Tillsonburg Council advisory committees be brought forward for Council's consideration; AND THAT staff coordinate with local schools for applications to the Youth Engagement & Strategy Committee; AND THAT staff advertise for one vacancy on the Affordable & Attainable Housing Committee; AND FURTHER THAT the Economic Development Advisory Committee Terms of Reference be revised to allow for a maximum of eleven members. BACKGROUND At the November 21, 2022, meeting of Tillsonburg Town Council, the following Committees were established for the 2022-2026 term of Council:  Accessibility Advisory Committee  Affordable and Attainable Housing Committee- ad-hoc  Boundary Adjustment Committee- ad-hoc  Economic Development Advisory Committee  Parks, Beautification and Cemeteries Advisory Committee  Recreation and Sports Advisory Committee  Tillsonburg Airport Advisory Committee  Museum, Culture, Heritage and Special Awards Advisory Committee  Traffic Committee  Youth Engagement and Strategy Committee Page 125 of 238 CS 23-01 Page 2 of 4 A Nominating Committee consisting of Mayor Deb Gilvesy, Councillor Parker, Councillor Luciani and CAO Kyle Pratt was established. The vacancies for the Committees were subsequently advertised for a number of weeks using a variety of channels including the Town’s website, Town’s social media pages, email communications and the newspaper. Applications were received and the Nominating Committee met to review the applications. Following the review the below recommendations of appointment of individuals to the Committees is being recommended: Accessibility Advisory Committee  Margaret McCrimmon  Yvonne Kearns  Michelle Wegg  Trevor Ford  Taylor Campbell  Catherine Ryan  Councillor Chris Rosehart, Council Representative Economic Development Advisory Committee  Suzanne Renken, Chamber Representative  Dane Willson, WITAAR Representative  BIA Representative  Lisa Gilvesy  Jesse Goossens  Andrew Burns  Kirby Heckford  Randy Thornton  Gurvir Hans  Randi-Lee Bain  Councillor Bob Parsons, Council Representative Museum, Culture, Heritage & Special Awards Advisory Committee  Jason Pankratz  Carrie Lewis  Annie Varga  Lindsay Monroe  Isaac Card  Catherine Ryan  Doug Cooper  Rosemary Dean  Councillor Kelly Spencer, Council Representative Airport Advisory Committee Page 126 of 238 CS 23-01 Page 3 of 4  Gurvir Hans  Jeff Miller  Dan Cameron  Nate Bain  Emily Crombez  Don Hurrus  Anthony Thornton  John Britton  Councillor Chris Parker, Council Representative Recreation and Sports Advisory Committee  Scott Vitias  Scott Gooding  Taylor Campbell  Joe Sym  Stephen Gradish  Andrew Gradish  Carrie Lewis  Christian Devlin  Councillor Chris Parker, Council Representative Parks, Beautification & Cemeteries Committee  Wayne Beard  Ron Walder  Mike Dean  Barbara Wareing  Kristine Vandenbussche  Martha Kirkpatrick  Isaac Card  Trevor Ford  Councillor Pete Luciani, Council Representative The Nominating Committee is suggesting that staff work with the local schools to encourage applications for members of the Youth Engagement and Strategy Committee. Reports regarding composition of the Traffic Committee and the Property Standards Committee will be coming to Council at a future meeting. Page 127 of 238 CS 23-01 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE None CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal- The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction- Engage community groups, including advisory committees and service organizations, in shaping municipal initiatives. Priority Project- N/A ATTACHMENTS N/A Page 128 of 238 Page 1 of 7 Subject: Budget White Paper - Project Management Consultant to Expedite Industrial Land Development Report Number: EDM 23-01 Department: Economic Development Department Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT report EDM 23-01 Project Management Consultant to Expedite Industrial Land Development Budget White Paper be received as information; AND THAT a Request for Proposal for a Project Management Consultant be prepared and released with the intent of facilitating the timely development and approval of Phases 2 and 3 of the Van Norman Innovation Park; AND THAT the costs for a Project Management Consultant, and associated design/ approvals, be funded from the Economic Development Reserve up to a maximum of $250,000 with an annual report being brought back to Council for information . BACKGROUND Council passed the following resolution at their November 14, 2022 meeting: THAT the Economic Development Advisory Committee recommendation for the Town to consider project management options for the development of Phase 2 of the Van Norman Innovation Park be referred to 2023 budget deliberations for consideration. Based on the Town’s desire to expedite the Plan of Subdivision, Detailed Design and Construction of additional land in the Van Norman Innovation Park, staff is Page 129 of 238 EDM 23-01 Page 2 of 7 recommending the preparation of a Request for Proposal to select a consultant to act as a Project Manager reporting directly to the Development Commissioner. DISCUSSION Due to a variety of factors, the Town experienced unprecedented success with respect to selling the 37 Acres of industrial land in Phase 1 of the Van Norman Innovation Park (10 months from achieving Substantial Completion of servicing to entering into an agreement for the last parcel). The demand for industrial property across Southwestern Ontario has also been reflected in the sale of industrial buildings, which have achieved record prices as well. Despite the current economic headwinds/challenges, demand for industrial property is expected to remain strong. Hence, it is imperative that the Town capitalize on this opportunity (and the shortage of industrial properties across the Province) by expediting the approval and servicing of more industrial land. The first phase of the VIP represented the first Industrial Plan of Subdivision ever approved in the Town of Tillsonburg and there were a number of obstacles and key learnings obtained through that process. Based on the significant complexity of the Draft Plan of Subdivision and Engineering Design Approvals process (See Appendix A), staff is recommending that the Town retain a Project Management consultant through a Request for Proposal process (and further to the recommendation of the Economic Development Advisory Committee). In reviewing the alternative for a Project Management lead, the following options are possible. Type of Arrangement Pros Cons Contract Employee (Full-time)  Full-time resource available  Can be fully dedicated to the project  Expensive (wage/ burden could be $150K/year or more)  Workload may not be enough to support  Very competitive labour market  Unsure if single person could handle all design aspects  Would still require sub- consultants for certain Page 130 of 238 EDM 23-01 Page 3 of 7 studies (environmental, archeological, traffic, etc) Contract Employee (Part-time)  More affordable (assume 50% of full- time)  Can be dedicated to project  Very competitive labour market  Unsure if single person could handle all design aspects  Would still require sub- consultants for certain studies (environmental, archeological, traffic, etc) Consultant (Part-time)  More efficient use of resources/less costly  Would have access to various specialties (likely in-house if firm is a good size)  Consultant availability should increase as the economy slows, i.e. more competitive bidding, etc  Lead person may have many competing projects as part of their workload  Would still require sub- consultants for certain studies (environmental, archeological, traffic, etc) Based on the current labour market challenges, the broad expertise required, and the anticipated increase in availability of consultants, the Development Commissioner is recommending that an external Project Management Consultant be obtained through a public Request for Proposal process. CONSULTATION The advice for the Town to retain a Project Management Lead for the development of the future phases of the Van Norman Innovation Park came from the Economic Development Advisory Committee and was supported by Council at their November 14, 2022 meeting. Director of Operations and Development. FINANCIAL IMPACT/FUNDING SOURCE The cost to retain a Project Management Consultant is not known at this time, but will be obtained through a Request for Proposal process. Page 131 of 238 EDM 23-01 Page 4 of 7 In terms of the draft Plan of Subdivision approval, Engineering Design, Site Investigations, Legal Plan Preparation/Registration, Tender preparation and award costs, it is anticipated that these could be approximately $200,000. Based on current and anticipated revenue from industrial land sales, the Development Commissioner is recommending that these costs be covered by the Economic Development Reserve. The anticipated 2022 year-end balance for the Economic Development Reserve is $883,872. It should be noted that, should Council approve the use of the Economic Development Reserve, these costs would be offset through future land sale revenue once the lands are ready to be marketed and sold. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – Ensure adequate supply of “shovel ready” land for business attraction and expansion Priority Project – Short Term - Build out of new industrial land purchase ATTACHMENTS Appendix A – Approval Process Page 132 of 238 EDM 23-01 Page 5 of 7 Appendix A – Approval Processes Draft Plan of Subdivision Page 133 of 238 EDM 23-01 Page 6 of 7 Page 134 of 238 EDM 23-01 Page 7 of 7 Engineering Design Approvals Process Page 135 of 238 Page 1 of 6 Subject: Budget White Paper - Review of Southwestern Ontario Marketing Alliance Report Number: EDM 23-02 Department: Economic Development Department Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT report EDM 23-02 Review of Southwestern Ontario Marketing Alliance Budget White Paper be received for information. BACKGROUND Council passed the following resolution at their December 7, 2022 meeting: THAT a white paper be brought back to Council regarding the SOMA program and the benefits of a SOMA membership. DISCUSSION Since Tillsonburg Town Council passed a by-law to authorize a Shareholders’ Agreement with the Southwestern Ontario Marketing Alliance (SOMA) in July of 2003, the Town has periodically reviewed its membership in SOMA. For example, Town Council approved the following resolution at their August 12, 2013 meeting: RESOLVED THAT Council receive Report DCS 13-10 Southern Ontario Marketing Alliance (SOMA) Report; AND THAT Staff implement the following recommendations: Page 136 of 238 EDM 23-02 Page 2 of 6  Advise SOMA that the municipality will take up to an additiona l two year leave from SOMA;  Maintain the $20,000 SOMA Membership fee in reserve for the purposes of economic development;  Direct staff to report to Council by the first Council meeting in November 2013 the following: o what other options may exist to address the scope of work that SOMA addresses; o to assess what regional alliances may exist if any to accomplish the same focus as SOMA; and, o report on meetings with SOMA and if a change could occur in their structure or to create alliances. During the earlier two year hiatus (2013 to 2015) from SOMA, staff used the opportunity to refocus Economic Development efforts to be more effective through the development of a “grassroots” focused investment attraction activities. Staff defined this type of plan as one that is based on the communities existing assets, and specifically, its existing opportunities. This means first developing a list of local investment opportunities and then prospecting companies that could possibly undertake the investments. The outcome of this change in tactics has been apparent in both the more practical investment interest cultivated as well as desirable development opportunitie s like the 253 Broadway project (among others). In reviewing other regional economic development groups (see below table), it became apparent that none offered the same benefits as SOMA in terms of generating investment leads and at a reasonable cost to taxpayers. Organization Comment Ontario Food Cluster (OFC) Initiation fee plus annual membership fee. Note: Included in SOMA membership at no extra cost. Ontario Manufacturing Communities Alliance (OMCA) Initiation fee plus annual membership fee. Note: Included in SOMA membership at no extra cost. South Central Ontario Region Economic Development Corporation Annual contribution of $35,000 paid by the County of Oxford, but no investment attraction activities. Page 137 of 238 EDM 23-02 Page 3 of 6 At that time, it also became clear that the Town of Tillsonburg had missed some substantial investment opportunities that have been filtered from the Province and other levels of Government/agencies down to the local level through regional partnerships. There was also an argument that it didn’t make economic sense for the Town to try and join any of the groups mentioned above on its own as the costs of doing so – from initiation fees to annual fees to non-reimbursed travel costs – are close to or more than the annual SOMA membership fee, especially once SOMA Per Diems refunds are credited towards the overall membership cost. Based on this, staff made a recommendation to Council that the Town would again participate in the SOMA group based on the philosophy that local investment projects and lead generation should take primary focus and participation in foreign investment attraction events should be limited in number and to those that promise to provide the maximum benefits to the Town of Tillsonburg. Town Council subsequently passed the following resolution at their January 22, 2015 Council meeting: THAT Council receive Report DCS 15-10 Membership in the Southwestern Ontario Marketing Alliance; AND THAT the Town of Tillsonburg become a member in the Southwestern Ontario Marketing Alliance subject to the following conditions: 1. SOMA agrees to discuss and find a solution to centralized lead follow up by June 30, 2015; 2. SOMA agrees to review need for policy on investment attraction/support for smaller members by December 31, 2015; and, 3. 1 year term for membership with review at the end of 2015. The Southwestern Ontario Marketing Alliance agreed to these conditions, which were subsequently implemented, including retaining the Town to support centralized lead management with an hourly rate reimbursement. The timing of Tillsonburg’s re-engagement with SOMA in 2015 was good as the former TRW Links & Suspension Plant on Bell Mill Side Road was purchased by THK Co. Ltd. of Japan that year. The Town of Tillsonburg was able to leverage SOMA’s experience in the Japanese market to be part of a Trade and Investment mission in Fall 2015. This relationship was fostered with subsequent visits and trade missions over a five year Page 138 of 238 EDM 23-02 Page 4 of 6 period in support of such investments in the local community and in January 2022, THK announced a $27 million expansion plan for Ontario with a significant portion of that investment taking place at their Tillsonburg facility. THK is currently in the process of implementing advanced manufacturing equipment, including automated machining and assembly centres, to manufacture steering and linkage components and their Tillsonburg facility was also expanded by 13,000 square feet. The expansion also received $1 million in funding support from the Southwestern Ontario Development Fund. THK Rhythm Automotive Canada Limited recently celebrated the company’s 50th Anniversary and staff believe that a major reason for the investment here is due to the relationships built through international travel. In summary, the Town has participated in SOMA on an ongoing basis since 2015. Based on the THK investment, the up to 200 leads generated annually by SOMA for its members, its centralized lead management and efficient/effective leveraging of municipal tax dollars for Foreign Direct Investment attraction, the Development Commissioner fully supports ongoing membership in SOMA. CONSULTATION The Development Commissioner has discussed various aspects of participation in regional groups like SOMA with the SOMA Board members that are the lead or participate in these groups, i.e. OFC, OMCA, etc. FINANCIAL IMPACT/FUNDING SOURCE Membership in SOMA is based on community size and Tillsonburg’s fee has been $20,000 annually, which is offset by Per Diem honorariums that are rebated based on overnight stays, i.e. each day that a member is away on SOMA business is reimbursed at either $250/day (events within 500 kms) or $500/day (events greater than a 500 km radius). For example, if a member is away on SOMA business for 10 days, the community would be reimbursed $5,000. Since the Town of Tillsonburg is reimbursed for Lead Management, it can invoice SOMA for these costs, which typically have been around $3,000 to $4,000 annually. Page 139 of 238 EDM 23-02 Page 5 of 6 In addition to this, SOMA provides an additional Per Diem “top -up” for International Missions (typically to Asia) of $4,000, which is intended to offset the higher costs of travel to Asia. It is not unusual for SOMA members to receive 25% to 50% of their annual membership fee back in the form of Per Diem rebates. Hence, SOMA provides a very low cost of lead generation, i.e. using the Tillsonburg membership fee of $20,000 annually and the 200 leads generated, the cost per lead to Tillsonburg is $100. When one compares this to an advertisement in an Economic Development magazine, which can often range from $1,000 to $5,000 with no guarantee of even one lead being received by the Town, one can see how SOMA is able to leverage its funding and activities to generate low cost opportunities for all of its members. The Town of Tillsonburg’s participation in SOMA also builds credibility for the Town with International Consulates, International investors, and even the Province of Ontario. Even opportunities that may not have been a result of SOMA’s efforts are often impressed with the presence and activities of the alliance, which can help them feel more comfortable investing in a smaller community (rather than the Greater Toronto Area). It should be noted that SOMA, after holding its membership fees static since inception in 2001, has requested that members consider a 10% increase in their fee to reflect the increase in cost over the past two decades, including most notably, over the past two years. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Page 140 of 238 EDM 23-02 Page 6 of 6 Goal – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – Ensure adequate supply of “shovel ready” land for business attraction and expansion Priority Project – Ongoing - Increase diversity in manufacturing and other key sectors ATTACHMENTS None Page 141 of 238 Page 1 of 3 Subject: Budget White Paper Council 2022 to 2023 Budget Variance Report Number: FIN 23-04 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance / Treasurer Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT report FIN 23-04 Council 2022 to 2023 Budget Variance White Paper be received as information. BACKGROUND At its December 7, 2022 meeting, Council requested additional information on the 2022 to 2023 Council budget difference. While there was no formal resolution for a white paper, this report seeks to provide that additional information. DISCUSSION For the Revenue side, in 2022, the Council budget included $162,100 in grants related to Modernization funding Intake 3 (three projects), which is not included in 2023. The Contribution from Reserves included $70,000 from the Physician Recruitment Reserve in 2022 and it is the same in 2023. Different for 2023, however, is a $300K transfer from the Tax Rate Stabilization Reserve for the Town Hall design work. Altogether, the revenues from 2022 to 2023 is a $55,300 decrease. On the expenditure side, labour is up $15,400 (COLA), Purchases are up $67,542 mostly for Strategic Plan initiatives and a 2-month carryforward of the Mgmt Intern. But there is also a decrease of $36,800 related to election expenses that are not budgeted for in 2023. Thus, as shown in the figure below, from 2022 to 2023, revenues are down $55K, total expenditures are up $54K, which combined show a net levy increase of $109K. Page 142 of 238 FIN 23-04 Page 2 of 3 CONSULTATION This report has been completed in consultation with the Senior Analyst/Deputy Treasurer. FINANCIAL IMPACT/FUNDING SOURCE No financial implications. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation Page 143 of 238 FIN 23-04 Page 3 of 3 ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient service, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS N/A Page 144 of 238 Page 1 of 9 Subject: Budget White Paper - Fire Service Medical Response Information Report Number: FRS 23-01 Department: Fire and Emergency Services Submitted by: Shane Caskanette, Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT report FRS 23-01 Fire Service Medical Response Information Budget White Paper be received as information; AND THAT Council direct the Fire Chief to provide the current level of tiered medical response services to the community in accordance with the Tiered Response Agreement between the Town of Tillsonburg and the County of Oxford Paramedic Services dated September 23, 2019. BACKGROUND At the Council Budget Meeting on December 7, 2022, Council requested a White Paper Report from the Fire Chief regarding emergency medical alarm response time s based on research from similar demographic municipalities. DISCUSSION Fire service response to medical incidents is a complex issue with many factors for Council to consider. This report endeavors to inform Council about current circumstances, tiered response criteria, fire service deployment, training, comparable municipal comparators, stakeholder engagement, and real financial impact of tiered medical and to provide recommendations so Council can make an informed decision on tiered medical response. Summary This report explores the complexities of tiered medical response and considers municipal comparison data to align and support the report recommendations. Page 145 of 238 FRS 23-01 Page 2 of 9 Tillsonburg residents currently get very good value for their fire service tax dollar s when compared to other similar communities. Our current tiered response criteria aligns with our community’s local needs and circumstances providing an appropriate balance between EMS redundancy, fiscal responsibility and efficiency while considering increasing demands on local EMS services. Our firefighters are extremely proud and passionate about providing tiered medical service to our community. Firefighters increasingly arrive at medical emergencies and provide vital life saving services in advance of EMS ensuring another level of emergency medical services is available for life threatening emergencies in our growing and aging community. These are the main rational to support the recommendations to Council with respect to fire service response to tiered medical emergencies in our community. Current Circumstances Tillsonburg is a growing urban population centre of 18,573 people within 19 km2 and has a population density of 979 people per km2. Tillsonburg has an aging population with 29.3% of the population over the age of 65. Tillsonburg has one fire station and one EMS station located proximal to each other central to the community. Tillsonburg Fire Rescue Service enjoys a positive working relationship with Oxford County EMS and has a Tiered Response Agreement with Oxford County Paramedic Services which establishes response criteria for London Central Ambulance Communications Centre (CACC) to tier Tillsonburg Fire Rescue Services to respond to certain life threatening medical emergencies in the community. The current Tillsonburg tiered response criteria is relatively narrow in scope including;  Vital Signs Absent – No delay  Choking – No delay  Unconscious – EMS >10-minute delay In October of 2022, the tiered response criteria were reviewed by the Fire Chief, Tillsonburg Firefighters Association, Oxford County EMS and CACC and amended to include a >10-minute delay by EMS condition for unconscious incidents to reduce responses where fire had limited patient interaction or impact on patient outcomes. Page 146 of 238 FRS 23-01 Page 3 of 9 Previously, Tillsonburg Fire responded to all unconscious or decreased level of consciousness calls with no EMS delay resulting in increased calls with little patient interaction or impact to patient outcomes. If a medical call is received by London CACC meeting the tiered response criteria Tillsonburg Fire Rescue Services would be notified and respond with a minimum of three (3) firefighters in the rescue truck to assist at the medical emergency. On average 8 firefighters respond to the station for medical calls. Tiered Response Agreements are written agreements between fire services and EMS services. The local provincial CACC administers the response criteria at the direction of the local EMS provider. This process yields vast differences between tiered response criteria across Ontario which are difficult to compare across jurisdictional boundaries. Consequently, this report only compares tiered response criteria among Oxford County EMS and London CACC for statistical validity and reliability reasons. Comparison of Tiered Response Criteria and Calls in Oxford County Table # 1 below illustrates the different medical response criteria of the fire services in Oxford County. There are 29 medical response types or criteria a fire service can opt to respond with or without an EMS delay option for each response type. Table # 1 Notes: Period Jan 01 – Nov 30 2022 29 total response criteria with or without delay options Subjectivity in call typing incidents may skew data and results Comparatively, Tillsonburg, Ingersoll and Norwich have the lowest or very conservative tiered response criteria with 10%, 10%, and 13% respectively of the total tiered criteria. East-Zorra Tavistock 66%, Zorra 69% and South-West Oxford at 79% have broader response criteria. W oodstock has the broadest response criteria of al fire services in Oxford County responding to 100% of the response criteria. Municipality Total Calls Total Medicals % of Calls Medical % Pop over 65 % of Tiered Criteria Response % of Immediate Tiered Response Criteria % of Delayed Medical Response Criteria Woodstock 1358 424 31% 19.6 100% 28% 72% Tillsonburg 381 99 26% 29.3 10% 7% 3% Ingersoll 260 65 20% 17.1 10% 10% 0% Norwich 229 45 20% 18.6 13% 10% 3% Zorra 160 36 23% 18.1 69% 21% 48% East-Zorra Tavistock 189 43 23% 20.4 66% 17% 49% South-West Oxford 169 26 15% 16.6 79% 24% 55% Blandford-Blenheim 289 44 15% 17.4 58% 10% 48% Page 147 of 238 FRS 23-01 Page 4 of 9 On average 22% of all fire incidents in Oxford County are medical with Tillsonburg is slightly above the County average at 26%. The slight increase may be attributed to a higher population or higher over 65 populations which may increase demand on EMS services but further analysis is required to verify. Percentage of population over 65 is listed in Table # 1 for reference only. Fire Service Deployment Pursuant to the Fire Protection and Prevention Act (FPPA) each municipality must provide fire protection services in accordance with local needs and circumstances as determined by Council. Fire protection services is a defined term under the FPPA and includes response to medicals and other rescue related activities. The National Fire Protection Association (NPFA) establishes industry standards and best practices for the organization and deployment of fire services. NFPA 1720 establishes organization and deployment standards for volunteer fire services and NFPA 1710 establishes standards for career fire services. Appendix “A” identifies cost variances attributed to differences in the volunteer and career fire service staffing models. The basis for fire service staffing and deployment models are structured around response times and staffing requirements. Response time objectives and staffing requirements for a volunteer fire service i.e. Tillsonburg are based on critical fire ground tasks and staffing required to safely conduct operations on a low hazard 2-story 2000 sq./ft. single-family occupancy with no basement. Tillsonburg is an urban centre and fire services monitors the following strategic performance objectives;  Time to assemble 4 firefighters on scene for initial operations  15 firefighters in 9 minute 90% of the time  Initiate fire attack in 2 minutes of arrival 90% of the time These fire ground performance objectives result in strategically located fire stations, equipment and staffing resources being well positioned throughout the community for fire suppression response and compliment value added services like tiered medical, rescue and other desired response types. It is imperative to have some degree of overlap in emergency service systems as both desirable and required to ensure resource availability for large or multiple simultaneous emergencies that may deplete available emergency resources in the community. As a community grows so to does the risk of more frequent multiple simultaneous events depleting available resources. Conversely, too much overlap or redundancy is Page 148 of 238 FRS 23-01 Page 5 of 9 inefficient and costly. The goal is to find an appropriate balance between these two spectrums suitable to the community. Tillsonburg firefighters increasingly arrive at medicals prior to Oxford County EMS and provide life saving first aid, CPR, O2 and defibrillation to our growing and aging community until EMS arrives. Increasing demand on EMS results in increase risks of zero availability hours, off load delays, large or multiple simultaneous calls that may further delay EMS response. During times of EMS delays its reassuring to the public that firefighters are trained and able to respond and help until EMS arrives. Our firefighters can and have saved lives in our community which is difficult to quantify financially. Training Approximately thirty (30) firefighters participate in 8 hours of first aid training annually to maintain life saving skills and competencies required for medical response. Firefighters are trained in emergency first aid through a partnership with Oxford County EMS who provide medical oversight for 02, defibrillation and PPE, O2, defibrillator pads and other medical supplies for the tiered response program. If firefighters did not respond to tired medical calls the training requirements would essentially remain the same to ensure compliance with Health and Safety requirements, certification requirements and to ensure appropriate level of first aid to our firefighters participating in low frequency high risk events that may be injured on the fire ground. Additionally, first aid skills are valuable basic life skills for any first responders in the community coming across motor vehicle collisions, industrial accidents, and other medical related emergencies in our community on or off duty. Comparable Municipalities and Fire Services The table in Appendix “A” draws comparisons between similar sized municipalities and fire services for statistical analysis purposes. The sample comparison group was selected from Canada Census 2021 list of population centres in Ontario. Tillsonburg ranking of number (48) on the list of population centres was selected as the median for the data sample and the five population centres above and below were selected for statistical comparative analysis. Ingersoll (62) on the list of population centre is 2/3rd the size of Tillsonburg but was specifically requested to be included in the comparative analysis of the White Paper Report for it’s proximity to Tillsonburg. Page 149 of 238 FRS 23-01 Page 6 of 9 The data for the table was sourced from Canada Census 2021 data, municipal operating budget websites, and information was clarified or provided by municipal Fire Officials as required for comparison purposes. Incident data was collected purposely for the period Jan 01, – Nov 30, 2022 as 2020 and 2021 data was skewed from COVID 19 impact to not valid or reliable enough for statistical analysis. Fire communications data was removed from all data sources as most fire services contracted out fire communications services to ensure a more valid and reliable representation of emergency response cost centres for more accurate comparison between municipal fire services. The analysis of the Municipal Fire Service Comparison Table in appendix “A” reveals the following;  Tillsonburg’s cost per incident of $3,675 is $1,703 below the average cost per incident of $5,378 of the comparison group.  Tillsonburg medical calls represent 26% of total incident responses on par with the average of 27% of the comparison group.  Tillsonburg cost per medical of $363,780 is significantly below the comparison group average of $1,454,113. This cost is calculated as cost per incident multiplied by number of medical incidents for comparative analysis measure only and does not reflect actual medical response costs across fire services.  Tillsonburg has the lowest cost per km2 of fire services at $73,684 which is $69,165 less than the average cost of $142,849 per km2 of the comparison group.  Simcoe and Tillsonburg have the lowest number of full time staff at 2 and 2.5 respectively both significantly below the comparison group average.  Simcoe and Tillsonburg population centres have the lowest full-time per 1000 population at 0.12 and 0.13 compared to the comparison group average of .71.  Tillsonburg’s average cost per capita is the lowest of the comparison group at $75 which is $86 dollars less than the average cost per capita of $161 of the comparison group. In relative terms, Tillsonburg Fire Rescue Services cost per incident and cost per medical call are significantly below group average and the percentage of medicals calls at 26% aligns with comparison group average. Tillsonburg has one of the lowest number of full-time staff and the lowest cost per capita and cost per km2 costs of the group indicating very good value for fire services tax dollars when compared to sample group. Page 150 of 238 FRS 23-01 Page 7 of 9 CONSULTATION Extensive consultation was undertaken with the Tillsonburg Firefighters Association, Oxford County EMS, comparable sized fire services across Ontario as well as fire services in Oxford County to collect valid and reliable data for statistical analysis regarding fire service response to medical incidents for this report. The consultation with the Firefighters Association regarding tiered medical response in Tillsonburg was both informative and very telling. The Firefighters Association members voiced immense support for the tiered response program in no uncertain terms. They provided their perspective on the history of tiered medical in Tillsonburg including lobbying Council in the past for the ability to provide tiered medical response to the community. The Association was very proud and quick to point out how they provide cost effective tiered response with little to no cost to the tax payers through the current honorarium remuneration system. They voiced concerns and frustrations from the past about providing tiered medical services to an automatic aid area of Bayham but not their own community. A few firefighters opt not to participate in tiered medical response for one reason or another, however the vast majority are very passionate about providing tiered medical in their community and the opportunity to make a difference, save lives, and assist EMS all in an effort to help the community. The support for tiered medical among our firefighters is obvious and a testament to their commitment, and dedication to delivering exceptional emergency services to our community. FINANCIAL IMPACT/FUNDING SOURCE Wages Honorarium Firefighters are currently paid an annual honorarium of about $7430 (1st Class) for all incidents attended. Regardless of the number or type of incident a firefighter responds to the cost for responding to incident remains the same regardless of tiered medical response. Wages and Training Wages First Aid Training Cost $8,400 Training Costs Oxford EMS $2,100 These costs would be incurred regardless of tiered medical response. Page 151 of 238 FRS 23-01 Page 8 of 9 Medical Supplies Medical supplies are ordered and supplied through Oxford EMS at no cost. Vehicle Costs Estimates Diesel fuel costs and vehicle wear and tear costs on Rescue #3 for about 100 incidents annually projected at about 6 kilometers return per incident = $7,000 – 10,000 annually. Total Annual Program Costs $7,000 – $10,000. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal: The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction: Position Tillsonburg as a leader in the municipal sector. Strategic Priority: N/A ATTACHMENTS Appendix A – Comparison Table of Similar Municipalities and Fire Services Page 152 of 238 Page 9 of 9 Appendix “A” Comparison Table of Similar Municipalities and Fire Services Population Centre / Census Ranking Population Population Density km2 Land Area km2 Population Centre % of Total Population 2022 Operating Budget Full-time Staff Total Medicals 2022 Total Incidents 2022 FT/1000 Population % Medical Calls Cost per Capita Cost per Incident Cost per Medical Cost per square km2 Lindsay (43)* 22,367 1,436 16 28% $ 5,000,000 24 183 815 1.07 22% $224 $6,135 $1,122,699 $ 312,500 Kawartha Lakes** 79,247 26 3034 100% $ 8,900,000 26 710 2419 0.33 29% $112 $3,679 $2,612,236 $ 2,933 Owen Sound (44) 22,318 1,070 21 100% $ 5,500,000 31 447 712 1.39 63% $246 $7,725 $3,452,949 $ 261,905 Brockville (45) 22,293 1,192 19 100% $ 6,500,000 34 268 948 1.53 28% $292 $6,857 $1,837,553 $ 342,105 Wasaga Beach (46) 22,194 787 28 100% $ 3,900,000 23 1365 1846 1.04 74% $176 $2,113 $2,883,803 $ 139,286 Cobourg (47) 19,830 1,274 16 100% $ 3,700,000 20 691 1234 1.01 56% $187 $2,998 $2,071,880 $ 231,250 Tillsonburg (48) 18,573 979 19 100% $ 1,400,000 2.5 99 381 0.13 26% $75 $3,675 $363,780 $ 73,684 Valley East (49)* 17,251 668 26 10% $ 3,000,000 18 48 339 1.04 14% $174 $8,850 $424,779 $ 115,385 Greater Sudbury** 166,004 52 3186 100% $29,600,000 120 818 4659 0.72 18% $178 $6,353 $5,196,995 $ 9,291 Pembroke (50) 16,571 949 17 100% $ 3,400,000 18 5 368 1.09 1% $205 $9,239 $46,196 $ 200,000 Simcoe * (51) 16,121 977 17 24% $ 1,872,000 2 19 244 0.12 8% $116 $7,672 $145,770 $ 110,118 Norfolk 67,490 42 1598 100% $ 7,800,000 8 176 893 0.12 20% $116 $8,735 $1,537,290 $ 4,881 Strathroy (52)*** 16,056 1,049 15 68% $ 1,400,000 3.4 0 705 0.21 0% $87 $1,986 $0 $ 93,333 Strathroy-Caradoc 23,871 88 271 100% $ 2,000,000 5 30 1527 0.21 2% $84 $1,310 $39,293 $ 7,380 Port Colborne (53) 15,441 1,162 13 100% $ 3,400,000 16 329 909 1.04 36% $220 $3,740 $1,230,583 $ 261,538 Ingersoll (62) 13,607 1,319 10 100% $ 1,200,000 4 65 260 0.29 25% $88 $4,615 $300,000 $ 120,000 Notes: Incident data for period Jan 01-Nov 30 2022 / Communications costs removed from all municipalities to accurately compare emergency response costs * Population centre fire service operated by Upper/Single Tier Municipality Broader Municipality/Fire Service data listed directly below ** Area Rating i.e. population centre pays higher costs for fire services over less densely populated areas of municipality *** Increasing full-time staff by 8 firefighters in July 2023 Page 153 of 238 Page 1 of 2 Subject: 2023 Interim Tax Levy Report Number: FIN 23-01 Department: Finance Department Submitted by: Ted Lyons, Revenue Manager Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT report FIN 23-01 2023 Interim Tax Levy be received for information; AND THAT the 2023 Interim Tax Levy By-Law be brought forward for Council’s consideration. BACKGROUND The Municipal Act, 2001, c. 25, s. 317 (1) allows for a By-Law to be passed to provide for an interim tax levy on the assessment of property in the municipality. The amount levied on a property shall not exceed the prescribed percentage, or 50 per cent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. DISCUSSION As in past practice, Council is being requested to adopt rates that will raise no more than 50% of the previous year’s property taxes collectable in two installments; first installment due February 23, 2023 and the second installment due May 25, 2023. Accordingly, the associated By-Law has been brought forward for Council consideration. The subsequent third and fourth instalments will raise the balance of the required taxation through the final tax levy by-law. CONSULTATION Interim Director of Finance/Treasurer was consulted. Page 154 of 238 FIN 23-01 Page 2 of 2 FINANCIAL IMPACT/FUNDING SOURCE An interim tax levy by-law allows for the collection of monies to assist in the municipality’s cash flow until a final tax levy by-law can be passed. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. ATTACHMENTS None. Page 155 of 238 Page 1 of 2 Subject: 2023 Borrowing By-law Report Number: FIN 23-02 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance / Treasurer Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT Council receives report FIN 23-02 2023 Borrowing By-law; AND THAT a By-Law to authorize the borrowing of money to meet current expenditures of the Town of Tillsonburg for the 2023 fiscal year be brought forward for Council's consideration. BACKGROUND In accordance with Section 407 of the Municipal Act, 2001, (the “Act”) Council may, at any time during a fiscal year, authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount considered necessary to meet the current expenditures of the municipality for the year. Until the budget is adopted in a year, the limits upon borrowing shall temporarily be calculated using the estimated revenues of the municipality set out in the budget adopted for the previous year (excluding reserve transfers). The total amount borrowed at any one time plus any outstanding amounts of principal borrowed and accrued interest shall not exceed: a) from January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and b) from October 1 to December 31 in the year, 25 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year. At its meeting of January 10, 2022, Council adopted By-Law 2022-003, to authorize the borrowing of money to meet current expenditures for the fiscal year ending December 31, 2021. No funds were borrowed in 2022 by the Town to meet temporary cash flow needs. Page 156 of 238 FIN 23-02 Page 2 of 2 DISCUSSION In order to ensure temporary funding is available if necessary to meet current expenditures in each fiscal year, a by-law is required to provide for the borrowing of funds under the Town’s banking services agreement. Risk would arise if a by-law authorizing temporary borrowing was not in place and the Town were in immediate need of funds to meet current expenditures. In accordance with the Act, based on the budgeted 202 2 revenues of $28,963,900 (excluding transfers from reserves), the Town’s temporary borrowing limits for 2023 would be:  $14,481,950 from January 1 to September 30; and  $7,240,975 from October 1 to December 31. Upon enactment of the By-law, a copy will be provided to TD Bank, with whom the Town currently has a banking services agreement with, to provide authority for temporary borrowing throughout the 2023 fiscal year. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact unless temporary borrowing is drawn on cred it from the bank at which time the Town would pay monthly interest of Prime minus 1%. The Town currently has $4M in overdraft protection available through TD Bank. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. ATTACHMENTS None. Page 157 of 238 Page 1 of 4 Subject: Delegation of Authority, Tax Adjustments and Apportionments Report Number: FIN 23-03 Department: Finance Department Submitted by: Ted Lyons, Revenue Manager Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT Council receives report FIN 23-03, Delegation of Authority, Tax Adjustments and Apportionments, as information; AND THAT a By-Law to amend By-Law 2020-091 Delegation of Powers and Duties, to include a delegation of authority for property tax adjustments and apportionments under Sections 356, 357, 357.1, 358 & 359 of the Municipal Act, 2001, c.25 to the Director of Finance / Treasurer or delegate, be brought forward at the next regular Council meeting for Council’s consideration. BACKGROUND The Municipal Property Assessment Corporation (MPAC) prepares and delivers an annual assessment roll to the Town, which lists the roll number, current assessed value and property classification for all properties located in the Town. The assessment roll, together with the Town’s budget levy, are used to calculate the annual taxes levied on all taxable property in the Town. MPAC captures new assessments for property improvements throughout the year and issues retroactive supplementary and omitted assessments to the Town. These supplementary and omitted assessments are generally triggered by building permits, and upon receiving these new assessments, retroactive property tax bills are generated and issued to the property owner for the current or two preceding tax years. While property values often increase as a result of improvements, properties can also experience change events resulting in a decrease in assessment. An example of a change event would be a property that is razed by fire or demolition. MPAC is able to correct the assessment for the following tax year, however the property owner would be Page 158 of 238 FIN 23-03 Page 2 of 4 entitled to make an application under Section 357 of the Municipal Act, 2001, c.25 to seek relief for the current tax year. MPAC occasionally makes gross or manifest errors, which are factual in nature and are not a question of judgement. An example of this would be a situation where a property owner had filled in a pool or removed a structure and MPAC never updated the assessment roll. The property owner would be entitled to make an application under Section 358 of the Municipal Act, 2001, c.25 to obtain property tax relief for the two preceding tax years. Properties can also experience change events resulting from a division of land into parcels from a severance. When a severance occurs, MPAC creates new roll numbers, which become active for the following tax year. The current year’s taxes fall under the “parent” roll number and covers both properties. The property owner(s) may request an apportionment of taxes under Section 356 of Municipal Act, 2001, c.25. The Town may also be required to proceed with an apportionment of unpaid taxe s at year end if the taxes on the parent roll number remain unpaid . Property tax adjustments and apportionments under Section s 356, 357, 357.1, 358 & 359 of the Municipal Act, 2001, c.25 require Council to: (a) hold a meeting at which the applicants may make representations to council; (b) notify the applicants of the meeting by mail sent at least 14 days before the meeting; and (c) make its decision. 2001, c. 25, s. 357 (5). Section of the Municipal Act Brief Description 356 Division of property taxes where land is divided. 357 Cancellation or reduction of taxes for change events, property class changes, building demolition or damage, gross or manifest errors and repairs and renovations preventing normal use. 357.1 Adjustments described in section 357 that apply to payments in lieu of taxes from senior levels of government. 358 Overcharges in the previous two tax years because of a gross or manifest error in the preparation of the assessment roll. 359 Undercharges in the current or previous tax year because of a gross or manifest error. Page 159 of 238 FIN 23-03 Page 3 of 4 DISCUSSION Property tax adjustments and apportionments under Sections 356, 357, 357.1, 358, and 359 of The Municipal Act, 2001, c.25 are questions of fact, that are administrative in nature, rather than questions of judgement. The Town processes property tax adjustments and apportionments based on factual information received from MPAC. Staff communicate and relay the information received from MPAC to the property owner(s) ahead of the adjustment or apportionment being completed. The recommended delegation will expedite the processing of tax adjustments and apportionments as timing will not be dependent on the specific dates set out for Council meetings. Property owners will continue to have the same appeal rights to the Assessment Review Board as they exist under the current process should they disagree with the decision rendered by the Town. CONSULTATION This report has been completed in consultation with the Interim Director of Finance / Treasurer. FINANCIAL IMPACT/FUNDING SOURCE There are no financial implications resulting from this recommended delegation of authority. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Page 160 of 238 FIN 23-03 Page 4 of 4 Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient service, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS None. Page 161 of 238 Page 1 of 4 Subject: Bridges Subdivision Road Naming Report Number: OPD 23-01 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT Council approves “Greenhill Drive”, “Clubhouse Way”, and “Eagles Court” as road names for the Bridges subdivision. BACKGROUND Planning Services received a revised request from the developer of the Bridges subdivision for the approval of three new road names “Greenhill Drive”, “Clubhouse Way”, and “Eagles Court” to be used in the subdivision. This revised request is a result the following Council resolution on August 8, 2022 regarding report OPD 22-36 – Bridges Subdivision Road Naming: Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT the OPD 22-36 - Bridges Subdivision Road Naming motion be deferred and the developer asked to provide additional options for consideration . Carried Staff were directed to communicate with the developer to seek an alternative name(s) due to similarities between existing street names within the Town. Page 162 of 238 OPD 23-01 Page 2 of 4 DISCUSSION The request for approval is required as a Draft Plan of Subdivision condition and verification that the proposed names will meet the requirements of the Road Naming Policy found in By-Law 3553. The road naming policy identifies that the naming of roads a nd subdivisions for the municipality should be determined in a manner that incorporates local history, culture and environmental features. In this case, the developer is proposing to use significant environmental features by referencing the Bridges at Tillsonburg Golf Course and the local toboggan hill. As a result of the August 8, 2022 council decision, the developer was consulted and proposed “Greenhill Drive” and “Clubhouse Way” in addition to “Eagles Court”. The following maps identify the subdivision location and proposed road naming requests. SUBDIVISION LOCATION MAP Page 163 of 238 OPD 23-01 Page 3 of 4 SUBDIVISION ROAD NAMING PLAN CONSULTATION Recreation, Culture and Parks Department’s Culture and Heritage Manager/Curator was consulted and noted that the proposed road names of “Greenhill Drive”, “Clubhouse Way”, and “Eagles Court” meet the section of the Town's policy for road naming and are recognized for the significant environmental features. Greenhill Drive is being named in reference to the local toboggan hill that will back onto this street and is planned to continue to be used as a toboggan hill. The name also references the golf term “green” to tie the name to the Bridges at Tillsonburg Golf Course. Page 164 of 238 OPD 23-01 Page 4 of 4 Clubhouse Way is being named in reference to the Clubhouse at the Bridges at Tillsonburg Golf Course. Eagles Court is being named in reference to the golf term “eagle”. Fire Services/9-1-1 were also circulated for emergency conflict assessment and approval was granted with no conflicts. FINANCIAL IMPACT/FUNDING SOURCE Not applicable CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS – N/A Page 165 of 238 Page 1 of 4 Subject: Subdivision & Road Naming – Cranberry Road Subdivision Report Number: OPD 23-02 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT Council approves “Cranberry Road Subdivision” as a subdivision name; AND THAT Council approves “Ambkot Crescent” as a road name for the Cranberry Road Subdivision. BACKGROUND Planning Services received a formal request from the developer for the naming of the Cranberry Road Subdivision and for the approval of one new road name “Ambkot Crescent” to be used in the subdivision. DISCUSSION The request for approval is required as a Draft Plan of Subdivision condition and verification that the proposed name will meet the requirements of the Road Naming Policy found in By-Law 3553. The road naming policy identifies that the naming of roads an d subdivisions for the municipality should be determined in a manner that references historic names which once identified the location or the names of prominent former residents. Ambkot Crescent is being named in recognition of two families who previously farmed the land, the Ambrus family and the Koteles family. The following maps identify the location of the subdivision and request. Page 166 of 238 OPD 23-02 Page 2 of 4 SUBDIVISION LOCATION MAP Page 167 of 238 OPD 23-02 Page 3 of 4 SUBDIVISION ROAD NAMING PLAN CONSULTATION Fire Services and 9-1-1 were circulated for emergency conflict assessment and approval was granted with no conflicts. Staff will communicate with the named request to advise of the dedication if approved. Page 168 of 238 OPD 23-02 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE Not applicable CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS – N/A Page 169 of 238 Page 1 of 3 Subject: Overnight Winter Parking Enforcement Report Number: OPD 23-03 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT a By-Law to appoint Jeff VanGulk, Darryl Nesplic, and Angela Hughes as Municipal Law Enforcement Officers for the Town of Tillsonburg be brought forward for Council’s consideration. BACKGROUND Overnight winter parking restrictions within the Town are regulated by the Traffic and Parking of Motor Vehicles By-Law 2022-029. The restriction prohibits parking on all town streets from November 15th to March 31st between 2:00 am – 6:00 am and is in place to assist with winter road maintenance efficiencies. Enforcement of the restriction is completed by By-Law Officer blitzes along with the assistance of the Ontario Provincial Police (OPP) local detachment. Over the past couple of years, staff have observed that the overnight parking enforcement assistance from OPP has substantially decrease. DISCUSSION As a result of the identified decrease in enforcement, Operations and Development staff reviewed the overnight parking enforcement logistics situation for this upcoming season and identified that Public Works - Roads staff could be cross-trained and implemented to provide assistance subject to availability. The Manager of Public Works identified the benefits of appointing Roads patrol staff to issue parking tickets as an excellent use of existing staff resources. This additional resource will increase enforcement presence, make plowing operations more efficient Page 170 of 238 OPD 23-03 Page 2 of 3 and increase parking ticket revenue for the Town. This proposed initiative lines up with the Town’s Strategic Plan goal in providing effective and efficient services. The following table provides historical and projected figures. Training will be required for the identified Roads staff which will be provided internally by the Building & By-Law Enforcement Supervisor prior to deployment. CONSULTATION Manager of Public Works, Roads Supervisor and By-Law staff were consulted. FINANCIAL IMPACT/FUNDING SOURCE Existing staff resources will be utilized with no budget impacts. Training will be provided internally by the Building & By-law Enforcement Supervisor. Additional parking ticket revenue in the amount $6,400 and winter operation efficiencies are expected. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Overnight Parking Tickets Numbers & Projections Ticket Issued 2019 2020 2021 2022 2023 Projected OPP 402 112 52 20 20 By-Law 40 39 105 146 180 Roads - - - - 150 TOTAL 442 151 157 166 350 Page 171 of 238 OPD 23-03 Page 3 of 3 Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS None. Page 172 of 238 Page 1 of 12 Subject: Traffic By-Law Housekeeping Amendments Report Number: OPD 23-04 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, January 9, 2023 RECOMMENDATION THAT a By-Law to amend By-Law 2022-029, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council’s consideration. BACKGROUND In March of 2022 Council passed Traffic and Parking By-Law 2022-029 which regulates traffic and the parking of motor vehicles in the Town of Tillsonburg. Staff would like to address some housekeeping matters and have received requests from rate payers to amend the current Traffic and Parking By-Law. DISCUSSION Item 1 - Tillson Ave Recently, staff requested a no stopping zone 9 m from Elgin Street on the west side of Tillson Ave. Unfortunately, the no stopping zone did not include the area in front of the resident’s driveway. Due to the proximity of the resident’s driveway and the crosswalk, a vehicle ca nnot safely stop in this location; as the vehicle would either obstruct the resident’s driveway or the crosswalk. Staff proposes to move back the no stopping zone 26 m north of Elgin Street. The expanded no stopping zone would provide additional clarity to motorists, increase visibility, and improve pedestrian safety in the area. Page 173 of 238 OPD 23-04 Page 2 of 12 The red in the above aerial map illustrates the no stopping area to be removed and the green illustrates the proposed no stopping location. A change is recommended to Schedule 1 to By-Law 2022-029 “No Stopping” as follows: Delete: HIGHWAY SIDE FROM TO TIME OR DAY Tillson Ave West 9 m North of Elgin St. Oxford St Anytime Add: HIGHWAY SIDE FROM TO TIME OR DAY Tillson Ave West 26 m North of Elgin St. Oxford St Anytime Item 2 – Venison Street West The current By-Law restricts parking along the entire south side of Venison Street W from Broadway to the west limit of Venison Street West. Recently, p arking restrictions were removed due to the development of the apartment building on the corner of Page 174 of 238 OPD 23-04 Page 3 of 12 Venison Street W est & Broadway Street along the south side of the building. In addition, the Town received a request to remove the no parking restrictions on the south side of Venison Street West by St. Marys Roman Catholic Church. The red in the above aerial map illustrates the current parking restriction on Venison W and the green illustrates the amended no parking location. A change is recommended to Schedule 2 to By-Law 2022-029 “Prohibited Parking on Specified Street” be amended as follows: Delete: HIGHWAY SIDE FROM TO TIME OR DAY Venison Street West South Broadway West Limit No Parking Anytime Add: HIGHWAY SIDE FROM TO TIME OR DAY Venison Street West South Rolph St Racoon Alley No Parking Anytime Item 3 – Accessible Parking on Brock St E Page 175 of 238 OPD 23-04 Page 4 of 12 The Town has received a request for accessible parking on the north side of Brock Street East for Tillsonburg Chiropractic and Wellness located at 10 Brock Street East. Town staff reviewed the area and identified that this is a suitable location for an accessible parking stall. This location will also accommodate other businesses on the north side of Brock Street East. The parking space in green on the above aerial map is the location of the proposed accessible space. A change is recommended to Schedule 19 to By-Law 2022-029 “Accessible Parking Spaces” be amended as follows Add: HIGHWAY SIDE LOCATION Brock St E North Second space at 10 Brock St E Item 4 – Kara Lane & Peach St The new bus lanes at St. Joseph’s Catholic School have reduced parking on Frances Street. As a result of monitoring, staff observed that some parents are parking on both sides of Kara Lane between Frances Street and Peach Street. This creates a bottle neck on the curve and makes it difficult for motorist and school bus drivers to safely maneuver on Kara Lane. Staff recommend a no stopping restriction be added to this area. Page 176 of 238 OPD 23-04 Page 5 of 12 The green in the above aerial map illustrates the proposed no stopping area on Kara Lane & Peach Street. A change is recommended to amend Schedule 1 to By-Law 2022-029 “No Stopping” as follows: Add: HIGHWAY SIDE FROM TO TIME OR DAY Kara Lane Both Sides Frances St Peach St Sept. 1- June 30 Mon-Fri 8am-9am 3pm-4pm Kara Lane Both Sides Frances St 20 m South of Frances St Sept. 1- June 30 Mon-Fri 8am-9am 3pm-4pm Peach St Both Sides Kara Lane 15 m North of Kara Lane Sept. 1- June 30 Mon-Fri 8am-9am 3pm-4pm Item 5 – Frances St The new bus lanes have reduced parking on Frances Street and staff have received multiple complaints about limited parking at St. Joseph School. For the past several months staff observed that the buses do not use the school bus loading zone on the north side of Frances Street and have received requests for additional on street parking. Since the buses do not use the north school bus loading zone, staff Page 177 of 238 OPD 23-04 Page 6 of 12 recommend the removal of the north bus loading zone to be substituted with a 30 minute parking zone Mondays to Friday from 7:30 am – 4:30 pm between the months of Sept 1st to June 30th. This area will accommodate 7 vehicles for parents to utilize this space to drop off/pick up children and should also relieve parking pressures on Kara Lane. Staff also advised the school to review the schools parking needs and consider future expansion of the parking lot on the north side of Francis Street. The above aerial map with the green box outlines the north School Bus Loading Zone to be converted to a 30 minute parking zone. A change is recommended to Schedule 15 “School Bus Loading Zones” as follows: Delete: A change is recommended to Schedule 5 “Restricted Parking on Specified Streets ” as follows: Add: HIGHWAY SIDE PLACE TIME OR DAY Frances St. North St. Joseph School Sept. 1- June 30 Mon-Fri 8am-9am 3pm-4pm HIGHWAY SIDE FROM TO TIME OR DAY Frances St. North 42 m West of Kara Lane 84 m West of Kara Lane Sept. 1- June 30 Mon-Fri 7:30 am – 4:30 pm 30 minutes Page 178 of 238 OPD 23-04 Page 7 of 12 Item 6 - Electric Vehicle Parking & Signage The Town currently has two locations with electric vehicle charging stations. The first electric charging station is located at the Community Centre, and has only one charger with the availability for a second charger. The second electric charging station is located in Lot 5B behind the clock tower and has two electric chargers. Currently both locations do not have designated spaces and the signage that is currently erected doesn’t comply with the signage implemented by the Highway Traffic Act. A new section in the parking schedule needs to be created that designates the electric vehicle parking spaces and new signage needs to replace the existing signage. A change to By-Law 2022-029 be amended as follows. Delete: Section 11: 2. No parking Electric Vehicles Parking Space (Figure 19) Add: Section 11: 2. No parking Electric Vehicles Parking Space (Figure 19) (Schedule 25) Add: Schedule 25: Electric Vehicle Parking Space PARKING LOT LOCATION Lot 5B Two spaces North East corner of lot Community Centre Eleventh Space East Entrance of Memorial Arena Parking Lot Page 179 of 238 OPD 23-04 Page 8 of 12 Delete: Figure 19: Official Electric Vehicle Add Figure 19: Official Electric Vehicle Item 7 – Remove Parking Spaces for Bus Lane Staff have received complaints that the bus drivers need additional room to maneuver the T:GO buses on Broadway at the Tillsonburg Town Centre mall. Removing the two parking stalls north of the existing bus stop will provide the additional necessary room for buses to safely maneuver. Staff recommend to extend the bus stop two additional parking stalls. Page 180 of 238 OPD 23-04 Page 9 of 12 In the above aerial map the red box illustrates the two parking stalls to be converted to a no stopping bus zone. The yellow line identifies the current no stopping zone and the green line illustrates the proposed no stopping zone for T:GO bus stop use. Recommending to amend Schedule 1 to By-Law 2022-029 “No Stopping” as follows: Delete: Column 1 HIGHWAY Column 2 SIDE Column 3 FROM Column 4 TO Column 5 TIME OR DAYS Broadway St East 143 meters North of Ridout St E 158 meters North of Ridout St E Anytime Add: Column 1 HIGHWAY Column 2 SIDE Column 3 FROM Column 4 TO Column 5 TIME OR DAYS Broadway St East 143 meters North of Ridout St E 173 meters North of Ridout St E Anytime Page 181 of 238 OPD 23-04 Page 10 of 12 Item 8 - 1A North Entrance to Mall Recently, the Town has received complaints that parking lot 1A is often full, making it difficult to enter the north side of the mall. While reviewing the parking lot, it was observed that vehicles park in hatched areas blocking vehicular movement and it was brought to staffs attention that mall employees are parking in this lot. With the observed parking pressures the proposed two hour parking restriction will push staff to other lots freeing up spaces for patrons of the mall. The Town has received comments from Strathallen and the BIA who are in full support of making lot 1A into two hour parking and relocating the loading zone to the north side of the parking lot. The four (4) existing parking spaces on the east side of Lot 1A will be converted into two (2) loading zone space to allow room to unload and load the vehicle. The current loading zone would be converted to two (2) hour parking with the rest of the lot ad posted with signage accordingly. The in the above aerial map the red box illustrates the two loading zone stalls that are proposed to be removed and converted into two (2 ) hour parking. The blue box is the proposed/relocated loading zone stalls. The remainder of the lot will be posted as 2 hour parking. Page 182 of 238 OPD 23-04 Page 11 of 12 Recommending to amend Schedule 4 to By-Law 2022-029 “No Parking in Loading Zone” as follows: Delete: Add: CONSULTATION By-Law Enforcement, Engineering, Operations, and Public Works were consulted. In addition, the Transit Coordinator was also consulted on the T:GO stop. Strathallen and BIA staff were also consulted on items related to the Tillsonburg Town Centre. FINANCIAL IMPACT/FUNDING SOURCE New signage and installation will be funded from the 2023 Public Works operational budget in the amount of $6,000. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. HIGHWAY SIDE PLACE TIME OR DAY Lot 1 A South Adjacent to North Mall Entrance 15 minutes HIGHWAY SIDE PLACE TIME OR DAY Lot 1 A South Two Most East Parking Spots for North Mall Entrance 15 minutes Page 183 of 238 OPD 23-04 Page 12 of 12 Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS Appendix A – BIA Resolution 2 hour parking Lot 1A Page 184 of 238 Page 185 of 238 LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of November 2, 2022 Approved December 7, 2023 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Lorrie Minshall, Project Manager Leigh-Anne Mauthe, Interim Manager of Watershed Services Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, November 2, 2022. 2. Additional Agenda Items A-93/22 Moved by I. Rabbitts Seconded by P. Ypma THAT the LPRCA Board of Directors add Bill 23 and Legislative and Regulatory Proposals affecting Conservation Authorities under New Business as item 9(f) to the November 2, 2022 agenda. CARRIED 3. Declaration of Conflicts of Interest None were declared. Page 186 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 4. Minutes of the Previous Meeting a) Board of Directors Meeting Minutes of October 5, 2022 There were no questions or comments. A-94/22 Moved by V. Donnell Seconded by T. Masschaele THAT the minutes of the LPRCA Board of Directors Meeting held October 5, 2022 be approved as circulated. CARRIED 5. Business Arising There was no business arising from the previous minutes. 6. Review of Committee Minutes There were no committee minutes presented at the meeting. 7. Correspondence a) From the Ministry of Natural Resources and Forestry re: MNRF Proposals in support of More Homes Built Faster: Ontario’s Housing Supply Action Plan 2022-23 b) Conservation Ontario Release re: Province Continues to Change Roles and Responsibilities of Conservation Authorities Staff will continue to evaluate the proposed Bills and assess the impact to the Authority. A-95/22 Moved by M. Columbus Seconded by I. Rabbitts THAT the correspondence outlined in the Board of Directors Agenda of November 2, 2022 be received as information. CARRIED Page 187 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - 8. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 24 applications were approved in the past month. LPRCA-91/22, LPRCA-206/22, LPRCA-208/22, LPRCA-209/22, LPRCA-210/22, LPRCA-211/22, LPRCA-212/22, LPRCA-213/22, LPRCA-214/22, LPRCA-215/22, LPRCA-216/22, LPRCA-217/22, LPRCA-219/22, LPRCA-220/22, LPRCA-221/22, LPRCA-222/22, LPRCA-223/22, LPRCA-225/22, LPRCA-226/22, LPRCA-228/22, LPRCA-229/22, LPRCA-230/22, LPRCA-231/22, and LPRCA-232/22. All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-96/22 Moved by D. Beres Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated November 2, 2022 as information. CARRIED 9. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The GM attended webinar sessions hosted by the MNRF to review the new changes and requirements for conservation authorities in Phase 1 and Phase 2 of the Conservation Authorities Act (CAA). Campgrounds closed October 15 ending a successful camping season and all of the campgrounds have been winterized. Hazard tree removal will be completed in the coming weeks. A-97/22 Moved by I. Rabbitts Seconded by V. Donnell That the LPRCA Board of Directors receives the General Manager’s Update for October 2022 as information. CARRIED Page 188 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - b) Electronic Monitoring Policy The Electronic Monitoring Policy, as required by the Workers for Working Act, provides information and transparency to employees regarding how LPRCA may electronically monitor employees and collect employee information. A-98/22 Moved by S. Patterson Seconded by P. Ypma THAT the LPRCA Board of Directors approves the Electronic Monitoring Policy as presented. CARRIED c) Right to Disconnect Policy The Right to Disconnect Policy, as required by the Workers for Working Act, is to encourage and support all employees in balancing their work and personal lives; and encourage employees to disconnect from work outside of regular working hours. A-99/22 Moved by V. Donnell Seconded by I. Rabbitts THAT the LPRCA Board of Directors approves the Right to Disconnect Policy presented. CARRIED d) 3rd Quarter Financials Operating revenues to September 30, 2022 totaled $4,479,018 and expenditures of $3,276,362. Revenues represent 93.3% of the annual budget and expenditures 68.3%. Planning revenue to September 30, 222 totaled $391,887, up 6.8% to date over the prior year. Forestry revenue is at $328,868 and has exceeded the budgeted revenue target by of $300,000. Expenditures are $171,226 representing 70% of the annual budget. Seasonal camping revenue to September 30, 2022 totaled $1,896,033 exceeding the budget revenue target by 3.4%. There were 441 registered seasonal campers in 2022.The camping surplus at September 30, is $855,439. Page 189 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - A-100/22 Moved by P. Ypma Seconded by D. Beres THAT the LPRCA Board of Directors receives the Q3 Financial Report – September 30, 2022 for the period up to and including September 30th, 2022 as information. CARRIED e) Community Outreach – November 2022 Staff presented an overview of outreach activities for the year. The Memorial Forest service was held in-person after two years of virtual events. Staff participated in the Carolinian Forest Festival, hosted two fishing derbies, provided a tour of a few LPRCA forest tracts for the Forest Stewardship Council (FSC®) working group, gave a presentation to a local PROBUS club, and participated in the Long Point Walsingham Forest Priority Place Project video as a project partner. Upcoming initiatives include events to celebrate LPRCA’s 75 years in conservation and the grand re-opening of the Conservation Education Centre at Backus. A-101/22 Moved by T. Masschaele Seconded by D. Beres THAT the LPRCA Board of Directors receives the Community Outreach – November 2022 report as information. CARRIED f) Bill 23 and Legislative and Regulatory Proposals Affecting Conservation Authorities The Province introduced Bill 23, More Homes Built Faster Act on October 25, 2022, and posted several Legislative, Regulatory, and Policy proposals on the Environmental Registry of Ontario (ERO) for public comment. Staff have reviewed the proposals and provided the concerns specific to LPRCA, as detailed in the staff report, for the board’s review and comments. There are still many unknowns and staff will be looking for clarity with respect to numerous items relating to the regulatory proposals. Page 190 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - A-102/22 Moved by M. Columbus Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Staff Report on Bill 23 and directs staff to submit comments on the Environmental Registry of Ontario (ERO) postings by the due dates for the concerns specific to Long Point Region Conservation Authority. CARRIED The closed session began at 7:49 p.m. 10. Closed Session A-103/22 Moved by I. Rabbitts Seconded by V. Donnell THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Labour relations or employee negotiations (Pay Equity & Compensation Review) CARRIED The board reconvened in open session at 7:50 p.m. The Board approved the closed meeting minutes of October 5, 2022 in the closed session. Adjournment The Chair adjourned the meeting at 7:50 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 191 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Budget Meeting of November 9, 2022 Approved December 7, 2022 Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Lorrie Minshall, Project Manager Dana McLachlan, Executive Assistant * V. Donnell joined the meeting at 9:35 a.m. 1. Welcome and Call to Order The chair called the meeting to order at 9:30 a.m., Wednesday, November 9, 2022. 2. Additional Agenda Items A-104/22 Moved by D. Beres Seconded by I. Rabbitts THAT the LPRCA Board of Directors add Bill 23 Discussion as item 8 to the November 9, 2022 agenda. CARRIED 3. Declaration of Conflicts of Interest None were declared. Page 192 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - 4. Budget Overview Presentation The General Manager and the Manager of Corporate Services provided a general overview of the 2023 draft budget. The Audit and Finance Committee met on August 18 and the Committee provided staff direction to prepare a budget with a maximum 7.5% target increase on the levy. The 2023 Draft Budget was presented with a 6.82% or $143,551 overall general levy increase. The operating levy increased by 21.76% or $375,251 and the capital levy decreased by 60.7% or $231,000. There is no requirement for a special levy in 2023. V. Donnell arrived. Staff has been adjusting the budget since 2022 in anticipation to align with the new regulations that are required starting with the 2024 budget. In the 2022 Budget, programs and services were identified and segmented to align with the new regulations. For 2023, the levy apportionment for mandatory and non-mandatory programs are being further aligned with the regulations. The following reports were reviewed and discussed: 1. Consolidated Operating Budget 2. Consolidated Budget Summary 3. Municipal Levy Consolidated 4. 5-year Summary by Municipality of Levy Apportionment 5. Current Value Assessment Apportionment (2022) and (2021) The municipal levy accounts for 36.1% of total revenue. 5. 2023 Budget Package Operations: The Managers reviewed each of their department(s) draft budgets, action plans, projects, and staffing requirements. All LPRCA fees were reviewed. Capital: The 2023 total for capital spending is budgeted at $651,955 requiring $150,000 from the general levy, $249,455 from the Current Year Surplus, $60,000 from the Capital Levy Reserve, and 192,500 Federal/Provincial Grants. Page 193 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - The following reports were reviewed and discussed: 1. One-Year 2023 Draft Capital Budget 2. Five-Year 2023 Draft Capital Budget Maintenance work and necessary repairs for public safety are continuing on the major water control structures. Two projects are planned for 2023 totaling $200,000. A 10-year LPRCA Water Control Structure Capital Plan Summary was presented for information. Gate replacement and repairs continue at the LPRCA forest tracts. Various projects, including water system upgrades, a dump station expansion, a roof replacement, and a culvert replacement, are required at the campgrounds. Annual computer upgrades, and vehicle and equipment replacements are needed to ensure safety. 6. General Manager’s Report and Budget Recommendations A-105/22 Moved by D. Beres Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2023 Draft Operating and Capital budgets; THAT the 2023 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees as set out in the budget be approved; THAT the 2023 proposed Conservation Area User Fees as set out in the budget be approved; THAT the draft 2023 operating budget of $5,568,754 requiring $2,099,510 of general levy representing an increase in the general levy of 21.76% or $375,251; AND the draft 2023 capital budget of $651,955 requiring $150,000 of general levy representing a decrease in the general levy of 60.7% or $231,000; AND the total general municipal levy of $2,249,510 requiring an increase of 6.82% or $143,511 overall compared to 2022 be circulated to member municipalities for review and comment; AND that staff be directed to present the Draft 2023 Budget to member municipalities when requested. CARRIED Page 194 of 238 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - 7. Fee Policy The Conservation Authorities Act now requires Conservation Authorities to have a Fee Policy in place by January 1, 2023, along with posted fee schedules. Going forward, all Fee Schedules will be included as part of the budget package for approval. A-106/22 Moved by M. Columbus Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Draft Fee Policy as presented as information; And, THAT the Draft Fee Policy be presented at the December 7th, 2022 meeting of the Board of Directors for consideration and approval. CARRIED 8. Bill 23 Discussion D. Beres expressed concern about Bill 23: More Homes Built Faster Act as it seems to affect current building laws. Staff agreed, the Bill touches on many different legislations. There are seven Environmental Registry of Ontario (ERO) postings related to conservation authorities and approximately 20 EROs affecting municipalities. Staff was directed to send a letter in addition to LPRCA comments through the ERO and copy the Association of Municipalities of Ontario (AMO). The Chair adjourned the meeting at noon. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 195 of 238 Page 196 of 238 Page 197 of 238 Page 198 of 238 Police Services Board Report October 2022 Page 199 of 238 Police Services Board Report for Tillsonburg 2022/Oct Public Complaints Policy 0 Service 0 Conduct 0 Date information collected from Professional Standards Bureau Commander Reports: 2022-11-08 Data Source Ontario Provincial Police, Professional Standards Bureau Commander Reports - Includes all public policy, service and conduct complaints submitted to the Office of the Independent Police Review Director (OIPRD) Secondary Employment Daily Activity Reporting Patrol Hours Total Hours 2022/Oct Number of Cruiser Patrol Hours 334.50 Number of Motorcycle Patrol Hours 0.00 Number of Marine Patrol Hours 0.00 Number of ATV Patrol Hours 0.00 Number of Snowmobile Patrol Hours 0.00 Number of Bicycle Patrol Hours 0.00 Number of Foot Patrol Hours 29.00 Number of School Patrol Hours 0.00 Data source (Daily Activity Reporting System) date: 2022/11/05 Staffing Updates Awards: Three Auxiliary Members were presented with their Sergeant's Badge // One Auxiliary Member received their 10 Year Service Medal Detachment Initiatives Number of Targeted Media Releases: Oct 6 - Motorists Continue to Drive - Collisions and Fatalities Up / Oct 6 - "Grandparent or Emergency Scam" is Pervasive - Protect Yourself / Oct 14 - Traffic Fatalities, Thousands Charged on Roads Over Long Weekend / Oct 25 - Police Warn Pedestrians, Cyclists & Motorists to Stay Safe / Oct 25 - OPP Canines Take a "Paws" Fighting Crime Crime and Traffic Campaigns/Initiatives:Operation Impact (Oct 7 - 10) Other: Auxiliary Hours: 119.5 hours // Community Services: Recruitment Day (Oct 1), Fight Fraud presentation (Oct 25) Detachment: 6S - OXFORD Location code(s): 6S00 - OXFORD Area code(s): 6208 - Tillsonburg Report Generated on: 8-Nov-22 11:17:31 AM PP–CSC–Operational Planning-4300 Page 200 of 238 2021 2022 % Change 2021 2022 % Change 0 0 N/C 1 1 0.0% 1 1 0.0%4 12 200.0% 11 12 9.1%93 101 8.6% 12 13 8.3%98 114 16.3% Data Utilized Niche RMS All Offence Level Business Intelligence Cube Detachment: 6S - OXFORD Area:Tillsonburg Data source date: October 2022 Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police continue to investigate and solve crime. Police Services Board Report for 'Tillsonburg' Motor Vehicle Collisions Records Management System 2022/11/08 Motor Vehicle Collisions by Type Incidents October Year to Date October Fatal Personal Injury Property Damage Total 0 2 4 6 8 10 12 Fatal Personal Injury Property DamageIncidents 2021 2022 Page 201 of 238 Police Services Board Report for Tillsonburg Records Management System October - 2022 Violent Crime Actual October Year to Date - October 2021 2022 % Change 2021 2022 % Change Murder 0 0 --0 0 -- Other Offences Causing Death 0 0 --0 0 -- Attempted Murder 0 0 --0 0 -- Sexual Assault 2 0 -100.0%16 24 50.0% Assault 6 9 50.0%67 80 19.4% Abduction 1 1 0.0%4 1 -75.0% Robbery 0 1 --2 1 -50.0% Other Crimes Against a Person 9 6 -33.3%39 45 15.4% Total 18 17 -5.6%128 151 18.0% 0 2 4 6 8 10 Sexual Assau...AssaultAbductionRobberyOther Crimes...2021 2022Actual Property Crime Actual October Year to Date - October 2021 2022 % Change 2021 2022 % Change Arson 0 0 --0 1 -- Break & Enter 4 5 25.0%34 51 50.0% Theft Over 3 3 0.0%19 29 52.6% Theft Under 25 16 -36.0%196 227 15.8% Have Stolen Goods 0 0 --2 7 250.0% Fraud 9 4 -55.6%90 79 -12.2% Mischief 12 5 -58.3%84 95 13.1% Total 53 33 -37.7%425 489 15.1% 0 4 8 12 16 20 24 28 Break & Ente...Theft OverTheft UnderFraudMischief2021 2022Actual Drug Crime Actual October Year to Date - October 2021 2022 % Change 2021 2022 % Change Possession 0 1 --8 13 62.5% Trafficking 1 0 -100.0%12 4 -66.7% Importation and Production 0 0 --0 0 -- Total 1 1 0.0%20 17 -15.0% 0 0 0 1 1 1 Possession Trafficking 2021 2022Actual Detachment: 6S - OXFORD Location code(s): 6S00 - OXFORD Area code(s): 6208 - Tillsonburg Data source date: Report Generated on: 2022/11/05 8-Nov-22 10:09:42 AM PP–CSC–Operational Planning-4300 Page 202 of 238 Police Services Board Report for Tillsonburg Records Management System October - 2022 Clearance Rate Clearance Rate October Year to Date - October 2021 2022 Difference 2021 2022 Difference Violent Crime 55.6%70.6%15.0%64.1%70.9%6.8% Property Crime 13.2%21.2%8.0%14.1%18.6%4.5% Drug Crime 0.0%100.0%100.0%45.0%76.5%31.5% Total (Violent, Property & Drug) 26.7%42.6%15.9%28.7%33.7%5.1% 0% 20% 40% 60% 80% 100% Violent Crim... Property Cri... Drug Crime Total (Viole... 2021 2022 Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police continue to investigate and solve crime. Data Utilized - Major Crimes - Niche RMS All Offence Level Business Intelligence Cube Detachment: 6S - OXFORD Location code(s): 6S00 - OXFORD Area code(s): 6208 - Tillsonburg Data source date: Report Generated on: 2022/11/05 8-Nov-22 10:09:42 AM PP–CSC–Operational Planning-4300 Page 203 of 238 Charge Monthly Total Total Year to Date Impaired 10 Speeding 3 Distracted Driving (Handheld Device, Careless Driving, etc)3 Seatbelt 2 Criminal Code Traffic (excluding Impaired)0 Criminal Code Non-Traffic 29 Moving Violations (Fail to Stop, Disobey Sign, Fail to Yield, Improper Turn, etc)7 Non-moving Violations (Licence plate, Insurance, etc) 13 Other Provincial Offence Statutes (Cannabis, Liquor, Trespass, etc)00 CMV (Half load, etc)11 Total (does not include warnings or bylaw)29 Bylaw tickets (parking, noise, etc)00 Warnings 19 Police Services Board Report for Criminal and Provincial Offences October 2022 TILLSONBURG Page 204 of 238 Calls For Service (CFS) Billing Summary Report Tillsonburg October - 2022 Billing Categories (Billing categories below do not match traditional crime groupings) 2022 2021 October Year to Date Time Standard Year To Date Weighted Hours October Year to Date Time Standard Year To Date Weighted Hours Violent Criminal Code 19 168 16.1 2,704.8 19 142 16.1 2,286.2 Property Crime Violations 35 509 6.5 3,308.5 55 448 6.5 2,912.0 Other Criminal Code Violations (Excluding traffic)9 124 7.7 954.8 9 137 7.7 1,054.9 Drug Possession 1 34 7.0 238.0 3 42 7.0 294.0 Drugs 0 6 55.1 330.6 1 16 55.1 881.6 Statutes & Acts 32 329 3.4 1,118.6 33 323 3.4 1,098.2 Operational 211 2,008 3.7 7,429.6 211 1,938 3.7 7,170.6 Operational2 48 421 1.3 547.3 28 388 1.3 504.4 Traffic 17 164 3.5 574.0 20 156 3.5 546.0 Total 372 3,763 17,206.2 379 3,590 16,747.9 Note to Detachment Commanders: ●The content of each report is to be shared by the Detachment Commander only with the municipality for which it was generated. The municipality may treat this as a public document and distribute it as they wish. ●All data is sourced from the Niche RMS application. Included are 'reported' occurrences (actuals and unfounded occurrences) for 'billable' occurrences ONLY. Data is refreshed on a weekly basis. ●The Traffic category includes motor vehicle collision (MVC) occurrences entered into Niche (UCR code 8521). MVCs are NOT sourced from the eCRS application for this report. ●Only the primary violation is counted within an occurrence. ●Time standards displayed are for the 2021 billing period. Note to Municipalities: ●Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police continues to investigate and solve crime. ●This report is NOT to be used for crime trend analysis as not all occurrences are included. ●Data groupings within this report do not match traditional crime groupings seen in other public reports such as the OPP Police Services Board reports or Statistics Canada reporting. Report Content Last Updated:Report generated on: 2022/11/05 8-Nov-22 10:09:01 AM Page 1 of 1 Page 205 of 238 1 Coordinator: O.P.P. Constable Patti Cote W.P.S. S/Pc Shaylyn Jackson E-mail: oxfordcs@execulink.com Web site: http: www.oxfordcrimestoppers.com To: Board of Directors, Crime Stoppers of Oxford Inc. Cc: Inspector Tony Hymers, Oxford OPP Staff Sgt Jen Ormsby, Oxford OPP Det/Sgt.Craig Murray, Woodstock PS Monthly Statistics for October , 2022 20 Total Calls received this month. 14 Woodstock PS tips 6 OPP tips 0 Assigned/out to other Crime Stoppers programs or Agency 0 Not Assigned STATS FOR OPP: TIPS RECEIVED PER ZONE 1 for Tillsonburg 3 for Ingersoll 0 for Zorra 0 for Norwich 1 for South-West Oxford 1 for East Zorra-Tavistock 0 for Blandford-Blenheim Meetings/Events Attended This Month Oct 11th – Monthly Meeting via Zoom Oct 25 – Coordinator’s Chat (local Crime Stopper Groups) Oct 27 - Southwest Zone Meeting Nov 5th – OACS General Meeting Page 206 of 238 2 Awareness Media Relations: •Patti and Shaylyn prepare media releases and social media posts for Woodstock City and Oxford OPP which are picked up by local media outlets Fundraising: Jan, Laura and Patti made decision to postpone the Art at the Inn until 2023 Promotions: Upcoming Events Nov 8th – Monthly Meeting and Annual Meeting in person Art at the Inn – Elmhurst – postponed to the new year Multiple Christmas parades Page 207 of 238 3 Co-coordinator: OPP Cst. Patti Cote, WPS S/Pc Shaylyn Jackson Chairperson: Mr. Glen Blair Statistics This Month YTD SI (1991) Tips Received 20 213 11325 Arrests 4 9 2046 WPS Arrests 4 5 n/a OPP Arrests 0 4 n/a Other Arrests (Immigration) 0 0 0 Web Tips 11 135 1810(2006) In-House 2 36 1649(2004) Call Centre 8 45 2417(2004) E-Transfer 1352 (2004) Cases Cleared Total Cleared 1 4 1,433 Total Charges Laid 42 48 2,824 WPS Charges 42 44 n/a OPP Charges 0 4 n/a Rewards Approved 0 3 1499 Property Recovered 0 0 $2,308,805 Narcotics recovered $595,000 595,000 $8,136,659 Total $10,445,464 Respectfully Submitted by Patti Cote, Shaylyn Jackson Police Co-coordinator Crime Stoppers of Oxford Oxford County O.P.P./Woodstock Police Service Page 208 of 238 Page 1 of 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2023- A by-law to enter into an airport hangar land lease with 1467246 Ontario Inc. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an airport hangar lease agreement with 1467246 Ontario Inc. for land described as PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; S/T 406551; SOUTH-WEST OXFORD; municipally known as 244411 Airport Road, Tillsonburg Airport; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the land lease agreement attached hereto forms part of this by-law; 2. The Mayor and the Clerk are authorized and directed to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg; 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 9th DAY OF JANUARY, 2023. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF JANUARY, 2023. ____________________________ Mayor – Deb Gilvesy _____________________________ Deputy Clerk – Amelia Jaggard Page 209 of 238 Landlord’s Initials __________ Tenant’s Initials __________ TILLSONBURG AIRPORT HANGAR LEASE This Lease is made this 1st day of December, 2022 (the “Effective Date”). B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Landlord”) - and – 1467246 Ontario Inc. 244779 Milldale Rd, Otterville, ON N0J 1R0 (the “Tenant”) WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated, lying and being in the Township of South West Oxford in the County of Oxford, being compromised of: PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; S/T 406551; SOUTH-WEST OXFORD; PIN: 00016-0089 (LT); LRO #41; municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1; referred to herein as the “Property”, the “Airport” or the “Tillsonburg Airport” upon which is located the Tillsonburg Airport which is owned and operated by the Landlord. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto respectively covenant and agree as follows: 1. LEASED PREMISES (1) The Leased Premises shall consist of a portion of the Tillsonburg Airport identified as 50% of Taxiway G2 Lot 5 on the plan attached as Schedule “A”, being the area upon which the Tenant’s airplane hangar shall be located plus one (1) metre of land extended beyond the exterior perimeter of the Tenant’s airplane hangar building (the “Leased Premises”). (2) Notwithstanding the above, the Landlord reserves the right to assign an alternate lot to the Tenant on thirty (30) days’ written notice at any time prior to the commencement of construction of the Tenant’s hangar. (3) The Landlord covenants and agrees to the construction by the Tenant of an airplane hangar on the Leased Premises being a Hangar, (the “Hangar”) subject to the provisions of Schedule “B”. The Tenant shall complete the construction of the Hangar at its sole cost and expense. (4) The Landlord covenants and agrees that the Hangar on the Leased Premises is not owned by the Landlord but is owned by the Tenant. 2. GRANT OF LEASE (1) The Landlord leases the Leased Premises to the Tenant: (a) at the Rent set forth in Section 3; (b) for the Term set forth in Section 4; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein including schedules. (2) The Landlord covenants that it has the right to grant the leasehold interest in the Leased Premises free from encumbrances except as disclosed on title. 3. RENT (1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section and includes Additional Rent. (2) The Tenant covenants to pay to the Landlord, during the Term of this Lease rent as follows (the “Base Rent”): for every year of the Term, the total sum of $520.80 per annum (based Page 210 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 2 upon $0.31 per square foot of Hangar building area) plus H.S.T., and any other applicable services tax which may accrue on account of the Landlord collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term . If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2023 and every 1st day of January thereafter. The Parties further agree that the Landlord may, in their sole and absolute discretion, increase the Base Rent annually in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. If the square footage of the Hangar on the Leased Premises expands then the Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Tenant to the Landlord or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional Rent”) whether or not specifically designated as such in this Lease. (4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Landlord and that the Landlord shall not, during the Term of this Lease, be required to make any payments in respect the Leased Premises other than charges of a kind personal to the Landlord (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Tenant promises: (a) to pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; (b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended, as Additional Rent for such expenses incurred by the Landlord for the maintenance and servicing of the Airport; and, (c) to pay the Landlord a one-time capital recovery charge, based on actuals, for the Landlord to construct the associated hangar apron, if applicable; and, (d) to pay for or provide servicing and maintaining the Leased Premises and the Hangar and shall include the following: (i) all utilities and services including, but not limited to, electricity, water, sewage, natural gas and propane. The Tenant acknowledges that connection fees for utilities and services are entirely at the Tenant’s cost. Further, the Tenant acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Landlord to provide connections, utilities or services to the Leased Premises or that the services or utilities can be extended to the Leased Premises; (ii) snow removal and landscaping on the Leased Premises including cutting the grass and weed control of the Leased Premises including the one (1) metre area around the perimeter of the Hangar; (iii) all repair, service and maintenance to the Hangar including reasonable wear and tear; and, (iv) to pay airport infrastructure fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. (5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided for herein. (i) The Tenant on behalf of itself/himself/herself/themselves, its/his/her/their heirs, executors, administrators and assigns, including its/his/her/their successors in title, hereby covenants and agrees to indemnify and save harmless the Landlord from all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make brought or prosecuted, including legal fees, which the Landlord may incur or have to pay, which may arise either directly or indirectly by reason of any activity, actions, performance, negligence or non-performance of the Tenant, its employees, servants, agents, contractors, subcontractors, architect, landscape architect, engineer, surveyor, planner, consultant, project manager or any other person the Tenant is responsible for at law during the duration of this Agreement; in executing the W ork s under this Agreement; by reason of installation of any Works required under this Agreement; by the failure of the Tenant to complete the installation of the Works required under this Agreement; because of or on account of the ownership, construction, use existence, or maintenance of the property described in the Agreement; by the exercise of the Tenant’s powers under this Agreement; the construction, maintenance or the improper or inadequate construction, installation and/or maintenance of the Works; any act or omission of said parties while undertaking the Works; or by reason of the neglect of the Tenant or its employees, servants, agents, contractors, subcontractors or others for whom the Tenant is responsible at law. (ii) Without limiting the generality of the foregoing, the Tenant agrees to indemnify and save harmless the Landlord for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any taxiway Page 211 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 3 within the Airport, or by reason of the failure, neglect or omission of the Tenant to do anything agreed to be done pursuant to this Agreement or by reason of any act or omission of the Tenant, including failure of the Tenant to comply with the Construction Act. (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 3 (2). (7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Landlord and shall be delivered to the Landlord at the Landlord’s address for service set out in Section 17 or to such other place as the Landlord may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord’s bank plus two (2) percent. (9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord’s right to recover any Rent owing. 4. TERMS AND POSSESSION (1) The Tenant shall have possession of the Leased Premises for the period of twenty years, and one month (the “Term”), commencing on the 1st day of December 2022 and ending on the 31st day of December, 2042. (2) The Tenant shall pay any and all connection costs for hydro, gas, water, heating, air- conditioning and for all other services and utilities as may be provided to the Leased Premises. The Tenant shall arrange with the local authority for connection of gas, electricity and water in the name of the Tenant. Nothing in this paragraph or lease is a warranty or representation by the Landlord that any utilities or services are extended to the Leased Premises or can be extended to the Leased Premises. (3) Subject to the Landlord’s rights under this Lease, and as long as the Tenant is in good standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Leased Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. 5. ABATEMENT OF RENT DURING CONSTRUCTION (1) So long as the Lease has been fully executed, the Tenant has provided the Landlord with proof of the Tenants insurance, and the Tenant has paid the first and last month’s Rent to be held as a deposit, the Landlord shall provide the Tenant with possession of the Leased Premises for a period of up to six (6) months commencing on the Effective Date for the purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall be applicable from the Effective Date save and except for the payment of Rent, Base Rent and Additional Rent which shall be payable as of the first day of the month of occupancy of the Hangar or the expiry of the six (6) month construction period whichever occurs first. (2) In the event the Tenant has not completed construction of the Hangar within the six (6) month construction period, the Landlord, in its sole and absolute discretion, may extend the construction period upon written request of the Tenant or terminate this Lease of which then the Tenant’s deposit provided in Section 5 (1) would be forfeited. 6. ASSIGNMENT (1) The Tenant shall not assign this Lease or sublet the whole or any part of the Leased Premises unless they first obtain the consent of the Landlord in writing, which consent shall not unreasonably be withheld and provided the sub-Tenant and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Tenant hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Tenant to assign this Lease or sublet the Leased Premises without the Landlord’s consent. (2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Landlord to any assignment or other disposition of the Tenant’s interest in this Lease or in the Leased Premises shall not relieve the Tenant from its obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Page 212 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 4 Rent as provided for herein. (4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred in any manner to a person other than the Tenant, then such transferee shall be bound by the terms and conditions of this Lease. 7. USE (1) During the Term of this Lease the Leased Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Landlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease. (2) The Tenant shall not do or permit to be done at the Leased Premises anything which may: (a) contravene any Airport use, standards, or tenant policy as established by the Landlord from time to time; (b) cause damage to the Leased Premises; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Leased Premises; (e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and, (f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order. (3) The Tenant shall: (a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably; (b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; (d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; (e) not perform aircraft repair or maintenance outside of the Leased Premises; (f) not start any aircraft in the Hangar; (g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products; (i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld; (j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees; (k) comply with the Town of Tillsonburg’s relevant policies and codes of conduct such as but not limited to the RZone (Respect) Policy which requires persons using a Town facility to respect others and take responsibility in maintaining a safe and comfortable environment for all participants, spectators, volunteers and staff. The Rzone policy enforces zero tolerance of inappropriate behavior, threats, violence and vandalism at all Town facilities, properties, Town sponsored events, programs, in written or verbal communications (including email or phone); and, (l) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. Page 213 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 5 (4) The Tenant covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Parties. (5) The Tenant shall be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows: (a) the dimensions of the Hangar shall be 56 feet by 60 feet for a total floor area of 3,360 square feet; the half of the hangar for this lease agreement is 28 feet x60 feet for a floor area of 1680 square feet (b) the style of the Hangar shall be either a pole barn style building or a metal frame building; (c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with current Airport standards as approved by the Landlord; (d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord; (e) construction, renovation and maintenance shall comply with the construction and maintenance requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable Ontario Building Code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; including specifically the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, and Ontario Regulation 213/07 the Ontario Fire Code and any amendment thereto. (f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord; (g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant; (h) obtain all necessary permits, as applicable, at the expense of the Tenant; and, (i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs. (6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as approximately 6 metres wide and approximately 6.5 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any and every claim which may or might arise out of the proper exercise by the Tenant of any of the rights granted herein. 8. CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Applicable / Existing Hangar) (1) The Tenant hereby undertakes to complete the work herein in accordance with the timeframes set out in the Schedule “C” (the “Construction Schedule”). The Tenant shall submit a proposed construction schedule which shall be subject to amendments and approval by the Landlord and attached hereto as Schedule “C”. A variance to the timeframes will only be allowed if approved in writing by the Landlord. Failure to comply may result in the Tenant being in default of this Agreement and the Landlord may seek remedy pursuant to this Agreement. (2) The Landlord approved work shall be carried out by the Tenant in a proper and professional manner so as to do as little damage or disturbance as possible to the Airport lands or the Airport’s infrastructure. The Tenant shall repair and make good all damage and disturbance that may be caused to the Airport lands or the Airport’s infrastructure, to the satisfaction of the Landlord, acting reasonably, at the sole expense of the Tenant. (3) During construction, the works to be carried out by the Tenant, shall be maintained in all respects in a state of good repair by the Tenant, including keeping the site in a sound, neat, Page 214 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 6 safe and clean condition to the satisfaction of the Landlord. If the site is not kept in a state of good repair, upon seven (7) business days written notice to the Tenant (or such shorter time as may be required in the case of an emergency or other urgent matters or as otherwise provided herein), the Landlord shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Landlord shall be recovered from the Tenant and may be recovered as Additional Rent. 9. REPAIR, MAINTENANCE INCLUDING THE RIGHT TO INSPECT (1) The Tenant covenants that during the term of this Lease and any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord’s, or its agent’s, contractor’s and employee’s negligence or intentional actions, at no time is the Landlord responsible for any repairs or damage to the Hangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (b) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant’s use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant’s use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees. 10. ALTERATIONS AND ADDITIONS (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and Page 215 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 7 any federal or provincial statutes, rules or regulations. (2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration. (3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises. (4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing. (5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant. (6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property. 11. INSURANCE (1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Leased Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Leased Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Tenant shall carry insurance in its own name insuring against the risk of damage to the Tenant’s property and the Hangar within the Leased Premises caused by fire or other perils. (3) The Tenant shall carry such general liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Leased Premises and Tenant’s occupation of the Leased Premises. Such insurance policy shall contain no airport site exclusion. (4) All insurance policies in this Section 11 including this Article shall name the Landlord, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. All policies shall be applicable as primary insurance, taking precedence over any other insurance protection owned by the Landlord. The Tenant shall insure that each insurance policy contains a waiver of subrogation rights which the insurer may have against the Landlord and the persons for whom is legally responsible. (5) Upon demand of the Landlord, the Tenant shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Landlord. If any policy of insurance is canceled the Tenant shall inform the Landlord without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 11. Under no circumstances shall delivery of and review by the Landlord of any certificate set forth or any insurance policy or any other proof of existence of the insurance coverage release the Tenant of its obligations to take out insurance in strict compliance with the present provisions or constitute a waiver in favour of the Tenant of any of the Landlord's rights. Page 216 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 8 12. ACTS OF DEFAULT AND LANDLORD’S REMEDIES (1) An Act of Default has occurred when: (a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date that payment was required to be paid to the Landlord; (b) the Tenant has breached its covenants or failed to perform any of its obligations under this Lease for a period of 45 consecutive days and: (i) the Landlord has given ten (10) days’ notice specifying the nature of the default and the steps required to correct it; and, (ii) the Tenant has failed to correct the default as required by the notice; (c) the Tenant has: (i) become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) had its property seized or attached in satisfaction of a judgment; (iii) had a receiver appointed; (iv) committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord’s property; or, (v) taken action with a view to dissolution or liquidation; (d) any required insurance policy is cancelled or not renewed by reason of the use or occupation of the Leased Premises, or by reason of non-payment of premiums; (e) the Leased Premises: (i) has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms “vacant and “unoccupied” shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord; (f) failure to install or remedy faulty work, if, in the opinion of the Landlord the Tenant: i. is not proceeding or causing to be proceeded the works required in connection with this Agreement within thirty (30) days’ of notice given; or ii. is improperly performing the works; or iii. has neglected or abandoned before the completion, or unreasonably delayed the same, so that conditions of this Agreement are being violated or carelessly executed or being carried out in bad faith; or iv. has neglected or refused to renew or again perform such work as may be rejected by the Landlord as defective or unsuitable; or v. has defaulted performance of the terms and conditions of this agreement; then, in any such instance, the Landlord shall promptly notify the Tenant, in writing, of such default or neglect and if such notification be without effect within ten (10) business days after such notice, the Landlord shall thereupon have full authority and power to purchase materials and employ workers and machines for the proper completion of the works at the cost and expense of the Tenant. The cost of such work shall be calculated by the Landlord whose decision shall be final and be paid to the Landlord by the Tenant on demand. Should payment not be received following the issuance of an invoice from the Landlord, the Landlord shall collect same as Additional Rent in addition to any other remedy available to the Landlord. It is further understood and agreed between the parties hereto that such entry upon the Premise shall be as an agent for the Tenant and shall not be deemed, for any purposes whatsoever, as an acceptance of the works by the Landlord. (2) When an Act of Default on the part of the Tenant has occurred: (a) the current year’s Rent together with the next years’ Rent shall become due and payable immediately; and, (b) the Landlord shall have the right to terminate this Lease and to re-enter the Leased Premises and deal with them as it may choose. (3) If, because an Act of Default has occurred, the Landlord exercises its right to terminate this Lease and re-enter the Leased Premises prior to the end of the Term, the Tenant shall nevertheless be liable for payment of Rent and all other amounts payable by the Tenant Page 217 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 9 in accordance with the provisions of the Lease until the Landlord has re-let the Leased Premises or otherwise dealt with the Leased Premises in such manner that the cessation of payments by the Tenant will not result in loss to the Landlord and the Tenant agrees to be liable to the Landlord, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Tenant pays to the Landlord. (4) If when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Leased Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. 13. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Landlord shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) days’ notice (the “Notice”) in writing to the Tenant and, at the Tenant’s option, the Landlord shall pay to the Tenant the fair market value for the Hangar or the Tenant agrees to remove the Hangar and comply with Articles 9(3) and 10(5) of this Lease. Upon expiry of the Notice the Tenant shall provide vacant possession of the Leased Premises provided the Landlord pays to the Tenant a bonus of $500.00. For the purposes of this Article and Articles 13(3) and 13(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Tenant remains in possession of the Leased Premises after termination of this Lease as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the Landlord shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Tenant is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the Landlord shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the “Notice”) if the Leased Premises are required for any reason or purpose of the Landlord in which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Tenant shall provide such vacant possession upon the expiry of the Notice provided the Landlord pays to the Tenant a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Tenant covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Landlord to exercise its Option as set out in the terms of this paragraph. Upon the Tenant receiving a bona fide offer in writing (the “Third Party Offer”) the Tenant shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Landlord shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Landlord exercises its option in the Notice Period then it must inform the Tenant at the Property in writing that it will purchase the Tenant’s interest in the Hangar on the same terms and conditions, or more favourable terms to the Tenant at the Landlord’s discretion, as contained in the Third Party Offer (the “Landlord’s Offer”). If the Landlord exercises its Option in the Notice Period then the Tenant must sell the Hangar to the Landlord upon the terms and conditions as contained in the Landlord’s Offer. If the Landlord does not exercise its option in the Notice Period then the Tenant shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Landlord shall be permitted to exercise its option pursuant to the terms Page 218 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 10 of this paragraph. For the purpose of this paragraph, if the Tenant is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Tenant by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party then the Landlord will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Landlord to accept any amendment of the term or new term. 14. ACKNOWLEDGMENT BY TENANT (1) The Tenant agrees that it will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a statement in writing certifying: (a) that this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) the amount of Rent being paid; (c) the dates to which Rent has been paid; (d) other charges payable under this Lease which have been paid; (e) particulars of any prepayment of Rent or security deposits; and, (f) particulars of any sub tenancies. 15. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Leased Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Landlord’s interest in the Property. (2) Upon the request of the Landlord the Tenant will execute any form required to subordinate this Lease and the Tenant’s rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Tenant shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Leased Premises by the Tenant as long as the Tenant performs his obligations under this Lease. 16. RULES AND REGULATIONS The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the Tenant’s authority or permission to abide by such reasonable rules, standards and regulations of the Airport and/or Property which shall form part of this Lease and as the Landlord may make and/or amend from time to time. 17. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Landlord at: Tillsonburg Regional Airport Attn: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Tenant at the Leased Premises or at: 1467246 Ontario Inc. 244779 Milldale Rd, Otterville ON, N0J 1R0 (2) The above addresses may be changed at any time by giving ten (10) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. Page 219 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 11 18. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the Property of which the Leased Premises form part without consent of the Landlord. 19. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine, feminine or neutral gender shall include the other genders, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word “Landlord” and the word “Tenant” wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. (3) When there are two or more Tenants bound by the same covenants herein contained, their obligations shall be joint and several. 20. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Tenant is in default under the terms of the Lease which include but are not limited to: (a) its obligations to pay Rent, Base Rent and/or Additional Rent; (b) non-repair or maintenance of the Leased Premises; (c) subleased the Leased Prem ises without the authorization of the Landlord, acting reasonably; (d) changed its use of the Leased Premises; or, (e) used the Leased Premises in any manner contrary to Article 7. (3) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (4) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (5) The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease and seek independent legal advice. (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and it’s schedules constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. Page 220 of 238 Landlord’s Initials __________ Tenant’s Initials __________ 12 (8) The Tenant agrees that it has not relied upon any representation, promise or warranty of the Landlord with respect to the condition of the Leased Premises, Hangar or any representation or promise of the Landlord to repair, renovate or otherwise alter the Leased Premises in any manner prior to or after commencement of the Term. The Parties agree that the Leased Premises are being offered to the Tenant in an “as is” condition. The Tenant shall not call on or demand the Landlord to perform any repairs or renovations prior to or after it obtains possession. The Tenant acknowledges that it has performed its own due diligence in establishing the state of repair of the Leased Premises including the Hangar. In Witness of the foregoing covenants the Landlord and the Tenant have executed this Lease. __________________________________ Landlord Deb Gilvesy, Mayor The Corporation of the Town of Tillsonburg __________________________________ Landlord Kyle Pratt, Chief Administrative Officer The Corporation of the Town of Tillsonburg We have authority to bind the Corporation. Per: ____________________ _________________________ Witness Name Tenant Page 221 of 238