230313 Regular Council AgendaThe Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, March 13, 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 March 13, 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 the Council meeting minutes dated February 27, 2023, be approved.
7.Presentations
8.Public Meetings
9.Planning Reports
10.Delegations
10.1 Baldwin Place Residents Association Re: Lands West of Baldwin Place
Mike Wild, President, Baldwin Place Residents Association
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Baldwin Place Residents Association, as
information
11.Deputation(s) on Committee Reports
11.1 CS 23-06 Accessibility Advisory Committee Recommendation
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report CS 23-06 Accessibility Advisory Committee Recommendation be
received as information.
12.Information Items
13.Staff Reports
13.1 Chief Administrative Officer
13.2 Corporate Services
13.2.1 CS 23-04 Permanent Patio Program
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report CS-23-04 be received; and
THAT a by-law to amend by-law 4019, being a by-law to regulate and
control the granting of encroachments on Highways and Public Lands
within the Town of Tillsonburg be presented to Council for consideration to
implement a Seasonal Patio Program with the following parameters:
Fee of $30.00 + HST as per current Fees and Charges
Encroachment Permit;
a.
Standards and Requirements of AODA compliance, designb.
Page 2 of 139
standards that are stamped and sealed by a Professional Engineer
and encroachment program adherence;
Approvals from the Town’s Engineering Department including
reviews from Building, By-Law, Fire and Rescue Service, Public
Works and Engineering department; and Public Health; and
c.
Valid Certificate of Insuranced.
AND THAT a by-law to amend the Delegated Authority By-law 2020-091
be presented to Council for consideration to allow the Clerk, or designate,
to respond to AGCO Municipal Approval requirements ensuring support
from the Town’s Fire and Rescue Service, Health, Planning and Building
have been received.
13.2.2 CS 23-05 Accessibility Status Update 2022
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives the accessibility status update 2022, as
information.
13.2.3 CS 23-07 Agreement Authority for Execution
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report CS 23-07 titled Agreement Authority for Execution be
received; and
THAT a by-law to authorize the Clerk and Mayor to execute the Transfer
Payment Agreement for Safe Restart Agreement Phase 4 Funding for the
Municipal Transit (SRA PHASE 4).
13.3 Economic Development
13.3.1 EDM 23-03 Establishment of the Reporting Process for the Bridge Street
Re-Imagining Task Force
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Report EDM 2023-03 Establishment of the Reporting Process for the
Bridge Street Re-Imagining Task Force be received;
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AND THAT the Development Commissioner be directed to bring forward
regular reports with updates on the status of the task force’s initiatives to
Council.
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations and Development
13.6.1 OPD 23-13 Traffic By-Law Housekeeping Amendments - Follow-Up
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
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.
13.7 Recreation, Culture and Parks
13.7.1 RCP 23-10 Cemetery By-Law
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT report RCP 23-10 Cemetery By-Law Amendment be received as
information;
AND THAT a by-law to amend By-Law 2021-058, being a by-law to govern
the operations of the Tillsonburg Cemetery, be brought forward for
Council’s consideration.
13.7.2 RCP 23-14 Pickleball Facility Request Feb. 2023
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives Staff Report RCP 23-14 Pickleball Request to
waive rental fee as information;
AND THAT Council approves the request from the Stonebridge Community
Services to waive the facility rental fee associated with the Lion’s
Auditorium to deliver indoor pickleball for a 6 week period from March 16th
to April 27th on Thursday from 1:00pm to 3:00pm and Tuesday from
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9:30am to 11:30am.
13.7.3 RCP 23-15 Horticultural Society Memorandum of Understanding
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Report RCP 23-15 Horticultural Society 2023 – 2024 Memorandum
of Understanding be received as information;
AND THAT Council approve the proposed Memorandum of Understanding
(MOU) attached to this report;
AND THAT the Town calculated Consumer Price Index (CPI) be used for
the grant contribution in 2024 and 2025;
AND THAT the Mayor and Director of Corporate Services/Clerk be
authorized to sign the Agreement on behalf of the Corporation.
14.New Business
15.Consideration of Committee Minutes
15.1 Committee Minutes
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives the Affordable and Attainable Housing Advisory Committee
minutes dated February 22, 2023 and the Economic Development Advisory
Committee minutes dated February 14, 2023, as information.
15.2 Long Point Region Conservation Authority Board of Directors Minutes
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council receives the Long Point Region Conservation Authority Board of
Directors minutes dated February 1, 2023, as information.
16.Motions/Notice of Motions
Proposed Resolution #
Moved By: Councillor Spencer
Seconded By: ________________
Page 5 of 139
THAT Council supports Bill 5: The Stopping Harassment and Abuse by Local Leaders Act.
Proposed Resolution #
Moved By: Deputy Mayor Beres
Seconded By: ________________
The Government of Canada and some Municipalities have discontinued permitting the use of
the TikTok app from Government issued hand held devices, therefore for cyber safety,
employees of the Town of Tillsonburg shall delete and discontinue using the TikTop app
from Town issued hand held devices.
17.Resolutions/Resolutions Resulting from Closed Session
18.By-Laws
18.1 A By-Law to authorize a Transfer Payment Agreement for Safe Restart Agreement
Phase 4 Funding for Municipal Transit (SRA Phase 4)
18.2 A By-Law to amend By-Law 2022-029 (Traffic By-Law)
18.3 A By-Law to amend By-Law 2021-058 being a by-law to govern the operations of the
Tillsonburg Cemetery under the jurisdiction of the Town of Tillsonburg
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT A By-Law to authorize a Transfer Payment Agreement for Safe Restart
Agreement Phase 4 Funding for Municipal Transit (SRA Phase 4); and
A By-Law to amend By-Law 2022-029 (Traffic By-Law); and
A By-Law to amend By-Law 2021-058 being a by-law to govern the operations of the
Tillsonburg Cemetery under the jurisdiction of the Town of Tillsonburg, 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 2023-028, to Confirm the Proceedings of the Council Meeting held on March
13, 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
Page 6 of 139
21.Adjournment
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT the Council meeting of March 13, 2023 be adjourned at ___ p.m.
Page 7 of 139
1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, February 27, 2023
4:00 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
Tanya Daniels, Director of Corporate Services/Clerk
Johnathon Graham, Director of Operations & Development
Julie Columbus, Director of Recreations, Culture & Parks
Cephas Panschow, Development Commissioner
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:00 p.m.
2. Closed Session (4:00 p.m.)
Resolution # 2023-078
Moved By: Councillor Parsons
Seconded By: Deputy Mayor Beres
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2
THAT Council move into Closed Session to consider one item of personal
matters about an identifiable individual, including municipal or local board
employees; and
One item of a proposed or pending acquisition or disposition of land by the
municipality or local board; and a trade secret or scientific, technical, commercial,
financial or labour relations information, supplied in confidence to the municipality
or local board, which, if disclosed, could reasonably be expected to prejudice
significantly the competitive position or interfere significantly with the contractual
or other negotiations of a person, group of persons, or organization; and
Two items of a proposed or pending acquisition or disposition of land by the
municipality or local board; and a position, plan, procedure, criteria or instruction
to be applied to any negotiations carried on or to be carried on by or on behalf of
the municipality or local board.
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 Proposed Contract Position
2.4.2 Town Hall Project
2.4.3 Excess Lands on Elm St North of 60 Cedar St
2.4.4 Surplus Unopened Right-of-Way Lands South of Wood Haven
Drive
2.5 Back to Open Session
3. Moment of Silence
Council reconvened in open session at 6:00 p.m.
4. Adoption of Agenda (6:00 p.m.)
Resolution # 2023-079
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
Page 9 of 139
3
THAT the Agenda as prepared for the Council meeting of February 27, 2023, be
approved.
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 2023-080
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT the Council meeting minutes dated February 13, 2023, be approved.
Carried
7. Presentations
8. Public Meetings
8.1 Application for Zone Change ZN 7-22-18 - Johannes and Anna-Maria
Veldman
Laurel Davies Snyder, Development Planner, Oxford County, appeared
before Council to provide an overview of the application. Staff recommend
approval of the zone change application.
Opportunity was provided for comments and questions from Council.
The applicant was in attendance.
No members of the public appeared before Council either in support or
opposition to the application.
Resolution # 2023-081
Moved By: Councillor Luciani
Seconded By: Councillor Spencer
THAT Council approve the zone change application submitted by
Johannes and Anna-Maria Veldman, whereby the lands described as Part
Lot 716, Plan 500 and PART 1, Reference Plan 41R-2656, Town of
Tillsonburg, known municipally as 68 Concession Street West are to be
Page 10 of 139
4
rezoned from ‘Passive Use Open Space Zone (OS1)’ to ‘Special Passive
Use Open Space (OS1-sp)’ to permit an Additional Residential Unit (ARU)
in an existing accessory building and an Additional Residential Unit (ARU)
in a proposed single-detached residential dwelling.
Carried
9. Planning Reports
9.1 Application for Consent B22-80-7 – Charlie and Marianne Sofalvi
Laurel Davies Snyder, Development Planner, Oxford County, appeared
before Council to provide an overview of the application.
Resolution # 2023-082
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parsons
THAT Council advise the Oxford County Land Division Committee that the
Town supports the Application for Consent B22-80-7 to sever the property
submitted by Charlie and Marianne Sofalvi, for lands described as Lot 138
and Part of Lot 139, Registered Plan No. 500 in the Town of Tillsonburg,
subject to the conditions as outlined in report CP 2023-39.
Carried
10. Delegations
10.1 Communities Building Youth Futures Oxford County Re: Tillsonburg
Youth Social Spaces
Jodie Konior, Project Coordinator, Keirsten Sanderson, Youth Intern, and
Jesse Wareing, Youth Volunteer, of the Communities Building Youth
Futures, appeared before Council to propose a partnership on a youth
social space program.
Resolution # 2023-083
Moved By: Councillor Rosehart
Seconded By: Councillor Spencer
THAT Council receives the delegation from Communities Building Youth
Futures Oxford County, as information
Page 11 of 139
5
Carried
11. Deputation(s) on Committee Reports
12. Information Items
12.1 Tina Foster Letter to Council Re: Smart Cities
12.2 Jeffrey Huber Letter to Council Re: Kinsmen Bridge
12.3 Oxford County Public Works Memorandum Re: Oxford County 2024
Transportation Master Plan
Resolution # 2023-084
Moved By: Councillor Parsons
Seconded By: Councillor Parker
THAT Council receives the correspondence from Tina Foster dated
February 7, 2023, the correspondence from Jeffrey Huber dated
December 2022 and the Oxford County Public Works Memorandum dated
February 9, 2023, as information.
Carried
13. Staff Reports
13.1 Chief Administrative Officer
13.1.1 CAO 23-02 Community Strategic Plan Update - 2022 Year End
and 2023 Goal Setting
Resolution # 2023-085
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives report CAO 23-02 Community Strategic
Plan Update - 2022 Year End and 2023 Goal Setting report, as
information;
AND THAT Council meets on April 6, 2023 from 9:00 a.m. to 4:00
p.m. to review 2023 and Council Term goals and priority setting at
the Marwood Lounge.
Carried
Page 12 of 139
6
13.2 Corporate Services
13.2.1 CS 23-02 Traffic Advisory Committee Appointments
Resolution # 2023-086
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT Council members Councillor Parsons, Councillor Luciani and
Councillor Rosehart be appointed as council representatives on the
Traffic Advisory Committee;
AND THAT a by-law be brought forward to amend By-Law 2023-
009, being a by-law to appoint members to Town of Tillsonburg
Council advisory committees, to add the following Traffic Advisory
Committee appointments:
A. Inspector Anthony (Tony) Hymers, Oxford County OPP
Detachment representative (non-voting member);
B. Larry Scanlan, Tillsonburg Police Services Board Chair;
C. Mark Gosnell, Transportation Technologist, Oxford County
Public Works Division representative.
Carried
13.2.2 CS 23-03 Municipal Modernization Program - Agreement
Extension
Vanessa Devolin, Assistant Chief, appeared before Council to
answer questions regarding the Joint Fire Service Modernization
Program Project.
Resolution # 2023-087
Moved By: Councillor Parsons
Seconded By: Councillor Rosehart
THAT report CS 23-03 titled Municipal Modernization Program –
Intake 3 – Agreement Extension be received; and
THAT a by-law to authorize the Mayor and Clerk to sign the
extensions be presented to council for consideration that includes
the following agreements:
Page 13 of 139
7
1. Joint Fire Service
2. Municipal Intern
3. Automated Business Directory
4. Waste Management Service Delivery Solutions
Carried
13.3 Economic Development
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations and Development
13.6.1 OPD 23-11 Hangar Land Lease Agreement Taxiway G1-7
Resolution # 2023-088
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
THAT Council receives report OPD 23-11 Airport Hangar Land
Lease Taxiway G1 Lot #7;
AND THAT a by-law to authorize the Mayor and CAO to execute
the Hanger Land Lease Agreement for Taxiway G1 Lot #7 with
Donald Hersey be brought forward for Council consideration.
Carried
13.6.2 OPD 23-12 Tillsonburg Regional Airport Interim Management
Services
Resolution # 2023-089
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives the recommendation that the report
OPD23-12 Tillsonburg Regional Airport Interim Management
Services as information;
AND THAT Council approve Mr. Don Huras of Northlands
Adventure Properties Inc. as Interim Airport Management Firm;
Page 14 of 139
8
AND THAT a by-law to authorize the Director of Operations and
Development and the Chief Administrative Officer to execute an
interim contract for no more than one year with Northlands
Adventure Properties Inc. as the Tillsonburg Regional Airport
Interim Management firm, be brought forward for Council
consideration.
Carried
13.7 Recreation, Culture and Parks
13.7.1 RCP 23-02 RCP Advisory Committees – End of Term Report
Resolution # 2023-090
Moved By: Councillor Rosehart
Seconded By: Councillor Parsons
THAT Council receives report RCP 23-02 RCP Advisory
Committees – End of Term Report as information.
Carried
13.7.2 RCP 23-03 Annandale National Historic Site 2022 Review
Resolution # 2023-091
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
THAT Council receives report RCP 23-03 Annandale National
Historic Site 2022 Review as information.
Carried
13.7.3 RCP 23-07 Forestry Technician Report
Matt Johnson, Manager of Parks and Facilities, appeared before
Council to provide an overview of the report.
It was asked what would be considered a sufficient tree canopy
percentage for the Town.
Resolution # 2023-092
Page 15 of 139
9
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT Council receives report RCP 23-07 Forestry Technician
Report for 2022 as information.
Carried
13.7.4 RCP 23-11 Lake Lisgar Waterpark Hours 2023 Season
Andrea Greenway, Recreation Programs & Services Manager,
appeared before Council to provide an overview of the report.
Resolution # 2023-093
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parsons
THAT Council receives report RCP-23-11, Lake Lisgar Waterpark
Hours 2023 Season;
AND THAT the Town of Tillsonburg supports the amended hours
for community swims for the 2023 season in order to increase
swimming lesson program offerings while the indoor pool is closed
for renovations.
Carried
14. New Business
15. Consideration of Committee Minutes
15.1 Committee Minutes
Resolution # 2023-094
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
THAT Council receives the Accessibility Advisory Committee minutes
dated February 7, 2023, as information.
Carried
16. Motions/Notice of Motions
Page 16 of 139
10
Resolution # 2023-095
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the Boundary Adjustment Advisory Committee be disbanded;
AND THAT the Town’s Economic Development Advisory Committee’s Terms of
Reference be updated to include the following additional roles:
1. To identify strategic opportunities to increase the land supply for future
development.
2. To advise Council on matters related to future land needs.
Carried
17. Resolutions/Resolutions Resulting from Closed Session
18. By-Laws
18.1 By-Law 2023-022, to amend Zoning By-Law Number 3295, as
amended (ZN 7-22-12)
18.2 By-Law 2023-023, to amend Zoning By-Law Number 3295, as
amended (ZN 7-22-18)
18.3 By-Law 2023-024, to amend By-Law 2023-009 (Advisory Committees
appointments) to include Traffic Advisory Committee appointments
18.4 By-Law 2023-025, to authorize agreement extensions for the purpose
of receiving funds from the Municipal Modernization Program Intake
3
18.5 By-Law 2023-026, to enter into an airport hangar land lease with
Don Hersey
18.6 By-Law 2023-027, to authorize an agreement with Mr. Don Huras of
Northlands Adventure Properties Inc. for the provision of consulting
services as the Tillsonburg Regional Airport Interim Management
Firm
Resolution # 2023-096
Moved By: Councillor Parker
Seconded By: Councillor Spencer
Page 17 of 139
11
THAT By-Law 2023-022, to amend Zoning By-Law Number 3295, as
amended (ZN 7-22-12); and
By-Law 2023-023, to amend Zoning By-Law Number 3295, as amended
(ZN 7-22-18); and
By-Law 2023-024, to amend By-Law 2023-009 (Advisory Committees
appointments) to include Traffic Advisory Committee appointments; and
By-Law 2023-025, to authorize agreement extensions for the purpose of
receiving funds from the Municipal Modernization Program Intake 3; and
By-Law 2023-026, to enter into an airport hangar land lease with Don
Hersey; and
By-Law 2023-027, to authorize an agreement with Mr. Don Huras of
Northlands Adventure Properties Inc. for the provision of consulting
services as the Tillsonburg Regional Airport Interim Management Firm, 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
19. Confirm Proceedings By-law
Resolution # 2023-097
Moved By: Councillor Rosehart
Seconded By: Councillor Spencer
THAT By-Law 2023-021, to Confirm the Proceedings of the Council Meeting held
on February 27, 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.
Carried
20. Items of Public Interest
Tillsonburg Rotary Clock Tower lights will be purple for the month of March in
honour of Epilepsy Awareness Month.
21. Adjournment
Resolution # 2023-098
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12
Moved By: Councillor Spencer
Seconded By: Councillor Parsons
THAT the Council meeting of February 27, 2023 be adjourned at 7:14 p.m.
Carried
Page 19 of 139
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 20 of 139
First Name *
Mike
Last Name *
Wild
Street Address *Town/City *
Postal Code *Phone Number *
E-mail *Subject *
Lands West of Baldwin Place - Victoria Wood
GP Development
Name of Group or Person(s) being
represented (if applicable)
Mike Wild - President, Baldwin Place
Residents Association
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
Details of the nature of the business/purpose: *
Please schedule for Monday March 13, 2023
Mike Wild, President of the Baldwin Place Residents Association will:
1) Present Council with a detailed presentation in opposition to the proposed development, based on
its present design, on the lands west of Baldwin Place for Council's review prior to the Council regular
meeting on March 27, 2023.
2) Present a Petition in opposition to the proposed development based on its present design.
Presentation will be sent later this week.
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Page 21 of 139
Will there be a Power Point presentation? *
Yes
No
Please attach a copy of your presentation.
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 22 of 139
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 23 of 139
Presentation to:
Town of Tillsonburg
Mayor & Council
Members
March 13, 2023
Town of Tillsonburg
200 Broadway St. Tillsonburg, ON
08/03/2023 1
Page 24 of 139
Presented by:
Mike West -President
Baldwin Place
Residents
Association Board
Tillsonburg West
Committee (TWC)
08/03/2023 2
Page 25 of 139
Baldwin Place Residents Association
Board of Directors
Mike Wild –President
David Climie –Vice President
Yvonne Allan –Treasurer
Ross McNeil –Secretary
Josie Hughes –Director of Activities
Mal Garbutt –Director of Schedule ’B’
08/03/2023 3
Tillsonburg West Committee (TWC)
David Climie –Vice President & Chair
Mike Wild –President & Co-Chair
Marilyn Robson –Recording Secretary
Nancy Kretschmann
Rick Harrison
Mike Pollington
Larry Sim
Planning Consultant
Bill Wierzbicki
Page 26 of 139
Baldwin Place Residents Association
The Residents of Baldwin Place Represent:
282 Households
500+ Residents
Pay $1.7M+ in Local Property Tax
Contribute $10M+ to the Local Economy
Pay $100K+ Annually to Maintain the Baldwin Place Community using Local Contractors
3/8/2023 4
Introduction
Page 27 of 139
Your Worship Mayor Gilvesy & Members of Tillsonburg Council, Thank You for this
opportunity bring our concerns to you regarding the proposed Victoria Woods
Development adjacent to our community.
I am Mike Wild, President of the Baldwin Place Residents Association Board of
Directors and Vice Chair of the Baldwin Place Tillsonburg West Committee.
As you know, Baldwin Place is an adult lifestyle community consisting of 282 homes.
We have provided the Clerk with packages in order to provide you with more details
regarding our concerns and the impact the Victoria Woods Development will have on
our community if it is allowed to proceed as currently proposed by the developer.
Let me assure you we are not against development as such. Our purpose is to
maintain the safety, security and integrity of Baldwin Place and residents.
I would like to draw your attention to some of our key concerns.
3/8/2023 5
Overview
Page 28 of 139
Victoria Wood’s own traffic forecast estimates over 2,300 additional
vehicles daily will travel through our community of 500 residents. This
is contrary to Oxford County’s official plan. Section 8.2 & 8.3.
Housing Development & Residential Areas, states traffic patterns from
new development is to be designed to create minimum impact on local
streets.
Sites which abut arterial or collector roads or are situated such that
traffic impacts from the site create a minimum disturbance on local
streets
3/8/2023 6
Traffic
Page 29 of 139
Victoria Wood’s traffic forecast estimates slightly more daily vehicle traffic through our
community than is forecast to travel along Concession Street, a major County Road.
We would ask the roadway on at southern end of the development be situated so there is
no access into Baldwin Place.
We would ask Esseltine Drive to remain closed. Under the proposed Victoria Woods Plan
there will be six arterial roads connecting into Quarter Town Line in the space of 465 meters.
At present, the east end of Esseltine is used by parents to park while picking up their
children from the nearby Westfield Public School.
The current proposed plan will turn Esseltine into a half a kilometre of one of the few
straight roads in Tillsonburg. A potential raceway adjacent to the proposed park, our senior
citizens community and children’s pick-up area.
Although, we are aware the roads through Baldwin Place are designed to accept higher
traffic volumes, our community is not.
3/8/2023 7
Traffic
Page 30 of 139
We ask the Council to approve the establishment of a green belt along the
western boundary of Baldwin Place. This would also stop the removal of
the existing tree line.
The principal of Westfield Public school has commented on how valuable
the tree line on the west side of their property is to the teachers and
students as a teaching tool.
We ask the council to ensure the design of the drainage system within the
development does not flow into Baldwin Place’s existing swales.
We would ask council’s assurance that Victoria Wood’s plans comply with
Oxford County official plan regarding those lots adjacent to our community.
3/8/2023 8
Adjacent Land Use
Page 31 of 139
Victoria Wood has requested R2-35 zoning in those blocks backing onto Baldwin Place. This zoning
permits single detached dwellings, semi-detached and duplexes.
The County of Oxford Official Plan, 8.3 Housing Development and Residential Areas, require new
residential lots with direct exposure to established residential street be consistent with the
established build pattern.
This would require lots to maintain setbacks and spacing between buildings to be consistent with
the established build pattern.
We are asking that all new housing backing onto Baldwin Place meet the standards of existing
Baldwin Place properties; Single Detached Dwellings R2-4, R2-5 & R2-5(H) single story; maximum
of 7.6 m in height.
We request assurance that during construction temporary access for construction vehicles not be
permitted on any street within Baldwin Place.
We also would ask the placement of site storage, staging areas and temporary facilities be located
on the west side of the Development and/or north of Esseltine Drive.
3/8/2023 9
Zoning
Page 32 of 139
The More Homes Built Faster Act 2022
has silenced our voice as a concerned
community group. We now turn to you,
our elected council, to speak on our
behalf. We must rely on you to ensure
the safety, security and integrity of
Baldwin Place is maintained.
3/8/2023 10
Summary
Page 33 of 139
Summary
Summary of Modifications to Proposal
1)Permanently close Esseltine Drive as a through street
2)Redesign the southern street plan to prevent any connection with
Weston Drive, Jean Ferrie Court or Baldwin Street. Build a new
street through the Swance Drain, along the hiking trail and
intersect it at Newell Road. Commuter traffic would connect to the
Industrial Areas, Pressey Line and Hwy 3 and would be Safely
diverted away from Baldwin Place and/or extend the proposed
Street ‘F’ to Lowrie Line
3)Create and maintain a Greenbelt on Baldwin Place boundaries
4)Maintain Zoning Regulations to ensure Housing Types and Density
Levels are similar to Baldwin Place (R2-4, R2-5, R2-5(H))
5)Construction vehicles do not use Baldwin Place streets and all site
storage and stagging areas are north of Dereham Drive or on the
western side of the Development 08/03/2023 11
Page 34 of 139
Please Review the
Detailed Presentation
that is being delivered to
Council this evening
Printed & Power Point
08/03/2023 12
Page 35 of 139
Please contact any
of us on the Board
or TWC if you have
any Questions,
Comment or
Concerns
08/03/2023 13
Page 36 of 139
Thank You!
Baldwin Place
Residents
Association Board
Tillsonburg West
Committee (TWC)
08/03/2023 14
Page 37 of 139
Page 1 of 2
Subject: Accessibility Advisory Committee Recommendation
Report Number: CS 23-06
Department: Corporate Services Department
Submitted by: Amelia Jaggard, Deputy Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT report CS 23-06 Accessibility Advisory Committee Recommendation be received
as information.
DISCUSSION
The Accessibility Advisory Committee met on February 7, 2023, during which the
committee considered the proposed accessible parking stall request on Brock Street.
Mark Russell, Building and By-Law Enforcement Supervisor, was present to provide an
overview of the request.
The Committee passed the following recommendation to Council:
Resolution #5
Moved by: Trevor Ford
Seconded by: Brittany Vaughan
THAT the Accessibility Advisory Committee supports the installation of an
accessible parking stall as proposed;
AND THAT the Committee recommends that Council install concave mirrors at
the entrance of Cat Alley to improve pedestrian safety.
This recommendation is specifically addressed in staff report OPD 23-13 Traffic By-Law
Housekeeping Amendments - Follow-Up as included on the agenda for Council’s
consideration.
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CS 20-06
Page 2 of 2
CONSULTATION
Accessibility Advisory Committee.
FINANCIAL IMPACT/FUNDING SOURCE
As noted in staff report OPD 23-13 Traffic By-Law Housekeeping Amendments - Follow-
Up: The recommendation to install concave mirrors at the entrance of Cat Alley to
improve pedestrian safety was sent to Public Works for review and the following
comment was provided:
As the installation of convex mirrors are not commonplace and have only been
implemented in specific situations throughout other Municipalities that Public Works has
been informed of, nor received evidence of any pedestrian incidents and near incidents
at this location; staff does not recommend the installation of convex mirrors.
Furthermore the appropriate arrangement/agreement would have to be executed with
the effected private Owner(s) to erect said mirror. An estimated cost to install a convex
mirror set up would be $1,700.
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, in formation, and opportunities to
shape municipal initiatives.
Strategic Directions – Engage community groups, including advisory committees and
service organizations, in shaping municipal initiatives.
Ongoing Projects – Not applicable.
ATTACHMENTS – None.
Page 39 of 139
Page 1 of 5
Subject: Permanent Patio Program
Report Number: CS 23-04
Department: Corporate Services Department
Submitted by: Tanya Daniels, Director of Corporate Services / Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT report CS-23-04 be received; and
THAT a by-law to amend by-law 4019, being a by-law to regulate and control the
granting of encroachments on Highways and Public Lands within the Town of
Tillsonburg be presented to Council for consideration to implement a Seasonal Patio
Program with the following parameters:
a. Fee of $30.00 + HST as per current Fees and Charges Encroachment
Permit;
b. Standards and Requirements of AODA compliance, design standards that
are stamped and sealed by a Professional Engineer and encroachment
program adherence;
c. Approvals from the Town’s Engineering Department including reviews
from Building, By-Law, Fire and Rescue Service, Public Works and
Engineering department; and Public Health; and
d. Valid Certificate of Insurance
AND THAT a by-law to amend the Delegated Authority By-law 2020-091 be presented
to Council for consideration to allow the Clerk, or designate, to respond to AGCO
Municipal Approval requirements ensuring support from the Town’s Fire and Rescue
Service, Health, Planning and Building have been received.
BACKGROUND
Council, at its meeting held March 14, 2021, adopted the following resolution:
THAT a Patio Program on Municipal Property be established in Tillsonburg;
AND THAT fees be established as part of the patio program and that the fees be
waived for the 2022 season to assist local businesses through COVID recovery;
Page 40 of 139
CS 23-04
Page 2 of 5
AND FURTHER THAT staff be directed to work with the BIA on establishing
criteria on patio design standards for those businesses wanting to use municipal
property for their patios.
Patio program participants in 2021 were 12 and in 2022 were 13.
DISCUSSION
This report is in response to the direction to establish a permanent patio program that
includes design standards for those businesses wanting to use municipal property for
their patios. Further, the report seeks to include delegated authority to the Clerk for
processing the AGCO Municipal approval required for patios after a change in
legislation beginning in 2023.
Patio Permit – Municipal Property
As per the direction of Council, Town staff met with the Downtown Tillsonburg Business
Improvement Area Executive Director, Mark Renaud, regarding the program for 2023.
In addition to the staff meetings, on February 16, 2023 the Downtown Tillsonburg
Business Improvement Area received a report regarding report titled “2023 Patio
program recommendation” (Attachment A and B). Within this report, the BIA has
adopted the following:
1. Patio operating dates for 2023 as follows:
i. No earlier than April 15th – commencement date;
ii. No later than October 31st – closure date.
2. No fees or charges by the municipality;
3. Contract with Pop-Up Street Patios Inc. for the provision of all base patio
infrastructure as per ED report ED-PATIO-02-23;
4. Cost of the 2023 calendar year program to be shared between the
restaurant/hospitality partner and DTBIA as follows:
i. 75% paid for by the DTBIA;
ii. 25% paid for by the restaurant owner/operator;
iii. An upset limit of $1,500 per approved patio site.
5. All patios on the town’s easement must provide third party liability insurance as
per Town of Tillsonburg requirements and/or By-law;
6. All patios must be AODA compliant;
7. Any other conditions and/or regulations as required by Southwestern Public
Health, Town of Tillsonburg, MTO and/or provincial legislative guidelines and
AGCO regulations.
8. This policy recommendation only covers the base patio infrastructure
defined as:
i. Fencing – perimeter;
ii. Platform - where necessary;
Page 41 of 139
CS 23-04
Page 3 of 5
iii. Protective barriers - where necessary.
Currently, the Town has an encroachment policy within the programs and services
offered by the Engineering Department (inclusive of departmental consultation via
Public Works and Building). The encroachments policy covers any road or sidewalk
usage by another business or agency. There are two categories as follows:
1) Permit – Less than 1 year
2) Agreement – Up to or over 1 year
Staff recommend the implementation of a Patio Permit process within the current
encroachment program with the following conditions:
ITEM DESCRIPTION
Application Applicant details including contact information, length of
operation, hours of use, and any other pertinent information
needed to facilitate the application.
Term Permits to be issued for no longer than April 15 to October
31 in any given year. This aligns with both seasonal
appropriateness of patios and the AGCO maximum 8
month extension timeframe.
Standards /
Requirements
Department reviews of:
1. Building, By-Law,
2. Fire and Rescue Service,
3. Public Works and Engineering department; and
4. Public Health
Patio compliance details including:
1. AODA compliance
2. Design standards that are stamped and sealed
by a Professional Engineer
3. Encroachment program adherence
Proof of Insurance
Permit Fee $30.00 + HST
The recommended permit process aligns with the current encroachment program as
well as the objectives of the BIA Patio program recommendations with the exception of
the inclusion of the nominal fee.
Page 42 of 139
CS 23-04
Page 4 of 5
AGCO Guidelines - Patios
Effective January 1, 2023 the AGCO no longer accepts or processes applications for
temporary outdoor physical extensions (temporary patios). Instead, they have placed
the responsibility on each Municipality to review and provide approval for this extension.
As patio season approaches, staff anticipate receiving multiple requests for extensions
to patios both on Municipal and private property. The process for Municipal property is
recommended to be included within the Town’s Encroachment Permitting Process.
However, this leaves the private property requests outside of this permit. In response to
this, staff recommend delegating authority to the Clerk, or designate, to respond to
applications for extension approval. The process would include the following
parameters:
A. Application submission to the Clerk;
B. Circulation to Council members for comment;
C. Department review and approval from: Building, By-Law, Fire and Rescue
Service, Public Works and Engineering department and Public Health;
D. Issuance of Municipal approval with a restricted period of April 15 to October 31.
The issuance may include conditions from supportive departments as may be
applicable within their respective jurisdiction. To align with the Patio Program on
Municipal property, staff recommend only permitting from April 15 to October 31.
CONSULTATION
A. BIA – Executive Director, Mark Renaud, including comments solicited from
previous Patio Program Participants
B. Town Departments: Building, By-Law, Engineering, Public Works, Clerks
FINANCIAL IMPACT/FUNDING SOURCE
Staff recommend a nominal fee of $30.00 + HST be rendered for application processing
of a Patio Permit within the encroachment program.
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
Page 43 of 139
CS 23-04
Page 5 of 5
☐ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Within the community, Tillsonburg will strive to offer residents the amenities,
services and attractions they require to enjoy balanced lifestyles.
Strategic Direction – Facilitate the enhancement and diversification of retail and dining
opportunities in the downtown.
Priority Project – Short Term - Property standards review & enforcement 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 – Continue to streamline and expedite the building approval
process.
Priority Project – Ongoing Projects - Continued promotion and facilitation of COVID-19
business support programs
ATTACHMENTS
A. Downtown Tillsonburg Business Improvement Area - Decision Letter re:
Recommendation to the Town of Tillsonburg – 2023 patio program
guidelines/operations.
B. Downtown Tillsonburg Business Improvement Area – ED – PATIO-02-03 re:
2023 Patio program recommendation (report)
Page 44 of 139
1
DECISION LETTER
Downtown Tillsonburg BIA - recommendation to the Town of
Tillsonburg – 2023 patio program guidelines/operations
At the DTBIA Board of Management meeting of Wednesday, February
22nd, 2022; the following motion was ADOPTED/APPROVED:
MOTION
Moved by: M. Bossy Seconded by: M. Gleeson
“And resolved that the Board of Management of the DTBIA
recommends to the Town of Tillsonburg that a structured &
consistent patio program be implemented effective April 1st, 2023,
with the following suggested parameters:”
1. Patio operating dates for 2023 as follows:
i. No earlier than April 15th – commencement date;
ii. No later than October 31st – closure date.
2. No fees or charges by the municipality;
3. Contract with Pop-Up Street Patios Inc. for the provision of all base
patio infrastructure as per ED report ED-PATIO-02-23;
4. Cost of the 2023 calendar year program to be shared between the
restaurant/hospitality partner and DTBIA as follows:
i. 75% paid for by the DTBIA;
ii. 25% paid for by the restaurant owner/operator;
iii. An upset limit of $1,500 per approved patio site.
Page 45 of 139
2
5. All patios on the town’s easement must provide third party liability
insurance as per Town of Tillsonburg requirements and/or By-law;
6. All patios must be AODA compliant;
7. Any other conditions and/or regulations as required by
Southwestern Public Health, Town of Tillsonburg, MTO and/or
provincial legislative guidelines and AGCO regulations.
8. This policy recommendation only covers the base patio
infrastructure defined as:
i. Fencing – perimeter;
ii. Platform - where necessary;
iii. Protective barriers - where necessary.
Note: Point 3 above does not include flowers, tables, chairs, umbrellas,
lighting, or other ancillary aesthetic elements.
“CARRIED”
Approved by: B. Parsons, Chair – Board of Management
Page 46 of 139
Page 1 of 5
DTBIA Board of Management Report – ED-PATIO-02-23
To: DTBIA Board of Management
From: Mark Renaud, Executive Director
Date: February 16, 2023
Subject: 2023 Patio program recommendation
__________________________________________________________________
The intent of this report is to get direction and subsequent endorsement from the Board on
elements of the 2023 pop-up patio program to formulate a recommendation to be sent to
the Town of Tillsonburg.
Town staff have provided feedback that the temporary patio program which was necessitated
due to COVID 19; has formally ended; and the program to be implemented will be a
permanent patio program that will no longer be predicated upon the town’s encroachment
permitting process.
The DTBIA has participated in an ad-hoc committee with town staff to have discussions about
the formulations of a permanent patio program moving forward. Elements of this report are
shaped from those preliminary discussions and feedback received with consultations with the
Town Clerk/Director of Corporate Service, CBO, Manager of Engineering, and the Manager
of Public Works.
Discussion:
The existing encroachment permit based patio program ended last November.
Some peer BIA’s foot the cost of the entire pop-up patio program such as Downtown
Kitchener BIA and others. Other BIA’s have policies where the cost is either shared or it is
borne entirely by the hospitality sector and/or a cost-share with the host municipality.
The restaurant sector is still experiencing the after-effects of the pandemic including much
higher supply chain costs and disruptions as a direct result of higher mortgage rates and a
reduction in disposable consumer income.
The sector remains vulnerable to further shocks of negative consumer sentiments,
geopolitical forces, and margin erosion due to factors outside of the control of the
owner/operators.
The AGCO has updated their guidance and regulations as at January 1st, 2023.
Page 47 of 139
Page 2 of 5
Recommendation from the DTBIA team on elements beginning spring 2023:
1) Consistent + structured, seasonal dates for operations.
2) Following “new for 2023” AGCO guidelines; a seven-month season from
approximately April 15th to October 31st, 2023.
3) No on-street, on right of way, or permanent patios from November 1st, 2023, to April
2024. This will help facilitate a more effective snow clearing regimen in the downtown
core area which improves safety of the public.
4) Contract with Street Patios of Hamilton, ON to provide the core patio program
elements so that they are consistent in appearance for all patios, no matter the type,
size, or style and whether they are on the town’s easement or not. The ED has
checked the references and solicited feedback from other BIAs about this proposed
vendor and the feedback has been overwhelmingly positive. This vendor is able to
meet the time deadlines as articulated in this report.
5) Provide a financial incentive to each participating + approved patio with the following
parameters: a 50% contribution with an upset limit of $1,000 per site for the 2023
season. See the chart in the this report outlining a forecasted cost impact.
6) Fees: town staff feel that a fee structure should be imposed for 2023. The ED does
not support nor recommends this approach given the continuing fragility of the
sector.
Additional items for discussion:
1) Do we included smaller “parklets” for Bar Burrito and/or Popeye’s, Pita Pit & others
who have not participated in prior year?
2) The town is considering patio fees/applications fees/encroachment rental fees –
should the board oppose this?
3) Should there be written agreements? Does the BIA member pay the full cost and
then we reimburse upon successful implementation of each patio? Or does the
member pay the full cost and seek reimbursement by the BIA or vice-versa?
4) Permanent outdoor patios are subject to separate regulations and licencing under the
AGCO and do not need BIA or Town approval however we should stipulate core
elements and consider mandating a consistent street-facing aesthetic.
5) Any other feedback or suggestions by the Board?
Page 48 of 139
Page 3 of 5
AGCO guidance:
Information for Licensees in Municipalities effective
January 1, 2023:
Licensees should contact their municipality for information about their municipality’s processes
and requirements for temporary outdoor extensions.
▪ Licensees will be required to notify the AGCO of any temporary outdoor
extension approved by their municipality and any conditions imposed by
the municipality.*
▪ Licensees must continue to comply with AGCO’s requirements for permanent
indoor and outdoor extensions and temporary indoor extensions.
▪ Licensees must also continue to comply with the LLCA, its regulations,
the Registrar’s Interim Standards and Requirements for Liquor as well as any
other conditions on the licence that have been imposed on the outdoor
temporary extensions by the AGCO.
Effective January 1, 2023, individual municipalities will:
▪ Have the authority to approve temporary outdoor extensions of licensed
premises for up to a total of eight months in a calendar year.
▪ Be permitted to create their own conditions on the municipal approval.
▪ Be responsible for ensuring compliance with any conditions placed on the
temporary outdoor extension approved by the municipality.
Any restaurant or hospitality enterprise that wishes to have a permanent patio:
▪ Must apply to AGCO for a permanent patio licence which permits 12-month
outdoor liquor service.
▪ Must consult the municipality for special municipal requirements.
▪ Be responsible for ensuring compliance with AODA regulations.
▪ Must follow all applicable board of health regulations.
▪ Any other requirements under municipal or provincial statutes.
Page 49 of 139
Page 4 of 5
Budget impact:
A typical full size, on-street patio is $3,800 for one 7-month season/period – depending upon
site conditions, size and location specific conditions.
If each of the patio participants were to continue with patios in 2023; the following chart
illustrates the cost impact by historical restaurant site; based upon the previous site
conditions as operated during the pandemic period.
The board may also consider that each patio applicant/approved patio site; be responsible
for the full cost of the program so that there is no financial exposure to the BIA however this
approach may limit the number of patios that operate in 2023.
Furthermore, if additional restaurants wish to join the program, such as Korner Perk, Queen’s
Café, or others; we would be able to work with these partners on an individual basis and
bring a further report back to the board for action.
The Board may also choose not to implement the “one vendor” patio solution and simply
allow each restaurant to build their own patio and be fully responsible for their own costs
however this is not desirable from a consistency and aesthetic point of view.
Restaurant:
Elements required:
DTBIA estimated cost
impact at 50% share
up to $1,000 cap:
Kelsey’s Perimeter fence facing Broadway $475
Boston Pizza Perimeter fence facing Broadway $200
Carriage Hall Full on-street set-up with fencing,
platform
$1,000
The Copper Mug Node set-up with perimeter fencing $500
Flippin’ Mikes Node set-up with perimeter fencing $500
Totals: $2,675
The $2,675 forecasted expense could be absorbed within the approved budget footprint by
reallocation of project funds from any or a combination of beautifications, capital, and public
realm expense lines.
The board may choose to reimburse a different amount than those listed above.
Page 50 of 139
Page 5 of 5
Summary:
This recommendation encompasses the demonstrated best-practices of peer BIA’s; is cost
responsible; and continues with a consistent approach of continuous improvement in the
downtown core area.
It is fully in the purview of the board to make recommendations to the Town of Tillsonburg for
adoption of a permanent outdoor patio policy.
The intent is to provide a DTBIA board-endorsed recommendation to the Clerk’s office which
in turn used this feedback in a staff report. This staff report will then be added to a Council
meeting agenda for their consideration and subsequent approval.
The DTBIA position will carry substantive weight in the final determinations of the 2023 patio
program. The final program elements and by-law are in the full purview of Town Council.
Page 51 of 139
Page 1 of 3
Subject: Accessibility Status Update 2022
Report Number: CS 23-05
Department: Corporate Services Department
Submitted by: Amelia Jaggard, Deputy Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT Council receives the accessibility status update 2022, as information.
BACKGROUND
The Multi-Year Accessibility Plan 2019-2023 indicates that an annual status report will
be completed to document the progress and measures taken to implement the Town of
Tillsonburg’s strategy and meet the requirements of the Integrated Accessibility
Standards Regulation.
DISCUSSION
2022 Accessibility Achievements
Accessibility achievements in 2022 included:
Mobile Application for reporting and service requests.
Airport Website redesign.
Implement CloudPermit customer payment integration.
Lindsay St Reconstruction – addition of sidewalk and tactile plates.
Frances St Reconstruction – addition of sidewalk and tactile plates, cross walk.
Wayfinding Signage.
Completion of New Splash Pad.
New Playground Apparatus – Southridge and Cranberry.
Accessible parking spot at Fire Station.
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CS 23-05
Page 2 of 3
Tillsonburg Hydro Inc. Website Update.
Community Improvement Plan Application – Accessible Renovation Grants
Available – No applications received in 2022.
Accessibility Advisory Committee
The Accessibility Advisory Committee met four times in 2022.
The Committee provided feedback on Town projects including the Tillsonburg
Community Centre aquatics facility renovations and splash pad designs, the
Accessibility Policy update and the Municipal Election Accessibility Plan 2022.
The next Accessibility Advisory Committee meeting is scheduled for March 21, 2023.
Oxford County Joint Accessibility Advisory Committee
The Oxford County Joint Accessibility Advisory Committee did not meet in 2022.
2023 Projects
The following list of projects were included in the approved 2023 final budget and
departmental business plans. These projects will improve the accessibility of Town
facilities and services.
Implement Planning Application Web Portal & Digital Service.
Lake Lisgar W aterpark Building Renovation – second quarter.
Tillsonburg Community Centre Aquatic Centre Rehabilitation – fourth quarter.
Northcrest Estates Phase 2 Park – third quarter.
Playground Replacement Program – Elliot Fairbairn Playground and Library Park
– dependent on grant funding.
Playground Replacement Program – Sport Field Upgrades – third quarter.
Community Improvement Plan Application – Accessible Renovation Grants
Available.
Town Hall Project – Ongoing.
Discover Tillsonburg – Additional video production.
Town Centre Mall parking lot reconfiguration – Consultation.
Wayfinding Signage – Consolidation review.
Bridge St Re-imagining – Planning for potential pedestrian zone.
Community Improvement Plan Application – Accessible Renovation Grants
Available.
Page 53 of 139
CS 23-05
Page 3 of 3
Feedback
The Town of Tillsonburg welcomes public input as feedback helps to identify areas where
changes need to be considered and ways in which we can improve facilities, goods and
services. Should a member of the public wish to provide general feedback, comments or
suggestion on how to improve accessibility in our facilities, goods or services please contact
clerks@tillsonburg.ca or 519-688-3009 ext. 4041 or complete an Accessibility Comment or
Complaint Form as found on the Town of Tillsonburg website.
CONSULTATION
Senior Leadership Team.
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, in formation, and opportunities to
shape municipal initiatives.
Strategic Directions – Engage community groups, including advisory committees and
service organizations, in shaping municipal initiatives.
Ongoing Projects – Not applicable.
ATTACHMENTS
None.
Page 54 of 139
Page 1 of 2
Subject: Agreement Authority for Execution
Report Number: CS 23-07
Department: Corporate Services Department
Submitted by: Tanya Daniels, Clerk / Director of Corporate Services
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT report CS 23-07 titled Agreement Authority for Execution be received; and
THAT a by-law to authorize the Clerk and Mayor to execute the Transfer Payment
Agreement for Safe Restart Agreement Phase 4 Funding for the Municipal Transit (SRA
PHASE 4).
BACKGROUND
The Town of Tillsonburg is the successful recipient of a Transfer Payment Agreement
for Safe Restart Agreement Funding for the Municipal Transit to address ongoing
financial support relating to the Covid-19 pandemic. This report directly relates to
Phase 4 of the program.
DISCUSSION
The Safe Restart Agreement Phase 4 provides funding for COVID-19 related financial
pressures experienced by municipal transit syste ms between February 1, 2022, and
December 31, 2022. This funding pertains the T:GO In-Town transit service only.
In order to meet the agreement deadline of March 17th 2023, Staff are requesting
authority to enter into the agreement
CONSULTATION
The Transit Coordinator/GIS Technician and the Director of Finance / Treasurer were
consulted in preparation of this report.
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CS 23-07
Page 2 of 2
FINANCIAL IMPACT/FUNDING SOURCE
Transfer Payment Agreement for Safe Restart Agreement Phase 4 Funding for the
Municipal Transit (SRA PHASE 4) - This transfer payment agreement will continue to
assist with the costs to provide a safe and essential transit service to the residents of
Tillsonburg. The value of the grant is $1,601.
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 – Provide alternatives to automobile travel through active transportation and public
transit
Strategic Direction – Town participation in regional transit initiative.
Priority Project – Transportation Master Plan
ATTACHMENTS
NONE
Page 56 of 139
Page 1 of 8
Subject: Establishment of the Reporting Process for the Bridge Street Re-Imagining
Task Force
Report Number: EDM 2023-03
Department: Economic Development Department
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT Report EDM 2023-03 Establishment of the Reporting Process for the Bridge
Street Re-Imagining Task Force be received;
AND THAT the Development Commissioner be directed to bring forward regular reports
with updates on the status of the task force’s initiatives to Council.
BACKGROUND
On September 26, 2022, The BMI Group, which has acquired the Station View
Development Lands, made a delegation to Council (See Appendix A) with a request for
the Town to consider Re-imagining Bridge Street from Lisgar Avenue to Rolph Street.
This Re-imagining would be to consider the concept of “streetscaping”, which is being
used by municipalities to enhance the look and feel of streets within downtown cores.
The developer proposed that “streetscaping” could provide further enhancement to the
benefit of the Town’s residents and visitors to the community. Town Council
subsequently passed the following resolution:
THAT Council receive the Support for Bridge Street Re-Imagining Presentation
by John Veldman, as information;
AND FURTHER THAT the information be referred to the 2023 Business Plan for
consideration.
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The developer requested that the Town include funds for a streetscape study and
design concepts in their 2023 budget and proposed that they would fund 20% of the
costs. This cost sharing was proposed based on the Bridge Street Right-of-Way being
municipally owned and since the enhancements would be to Town assets.
They also proposed that a joint public/private taskforce be created that would be led by
The BMI Group with various community stakeholders being part of it, including the
Downtown Business Improvement Association, the Tillsonburg District Chamber of
Commerce, Station Arts Centre, Town of Tillsonburg, etc.
The BMI Group indicated that, based on their initial conversations with various groups,
including Town staff, they believe that this project could result in something that would
significantly improve the Town of Tillsonburg with the potential to enhance the Town’s
reputation and attractiveness within Southwestern Ontario.
Based on Council’s favourable response and support for the task force to be initiated,
BMI Group representatives started recruiting participation with the first meeting being
held on December 5, 2022.
Subsequent to this, Council passed the following resolution at the January 16, 2023
meeting:
THAT Councillor Parsons represent Council on the Re-Imagine Bridge Street
Joint Task Force;
AND THAT upon completion of the RFP and tender process that the tender be
brought back to Council for approval prior to being awarded to the preferred
bidder.
Councilor Parson has since been added to the task force circulation and another
meeting was held on January 31, 2022.
This report is being brought forward in order to formalize the Town staff reporting
requirements.
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DISCUSSION
The Task Force is currently comprised of:
A representative from The BMI Group;
Representatives from the Downtown Business Improvement Association;
Representatives from The Station Arts Centre;
A representative from the Tillsonburg Farmer’s Market;
Downtown property owners;
Tillsonburg Town Councillor Bob Parsons.
With participation from Town staff including the Development Commissioner and
Director of Operations and Development and/or designate.
Due to the many potential impacts to municipal infrastructure and property in the
proposed study area, the Task force may also seek input from other Town departments;
including:
Building, Bylaw and Planning;
Recreation, Culture and Parks;
Finance Departments, etc,
For example, Building, Bylaw and Planning Department staff, who have significant
expertise and experience in Downtown Revitalization and Planning, have noted that one
of the outcomes of this project may be the development of a Secondary Plan for the
area and possibly the downtown. Secondary Plans are defined as:
A more detailed plan for a specific area (or areas) within a community that
identifies land use planning, community design, transportation and municipal
infrastructure needs to accommodate long term growth
Hence, their involvement on an “as-needed” basis will support the development of
streetscape enhancements while enabling them to ensure that the Task Force’s efforts
align with the Official Plan, the 2012 Downtown Design Stud y, and other relevant
current and future planning initiatives.
In general, the mandate of the Task Force is to facilitate “brainstorming” of ideas,
soliciting input with respect to the proposed streetscaping for Bridge Street, providing
advice to the Town regarding the selection of a suitable consultant, supporting the
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development of a streetscaping plan and making recommendations to Council for
consideration.
CONSULTATION
The Clerk’s Department has provided input into the proposed reporting mechanism and
their comments, along with the Chief Administrative Officer’s comments, have been
incorporated into this report.
The Director of Recreation, Culture and Parks has noted the following:
This project is an excellent opportunity for the Town to enhance our overall
attractiveness as a destination and be noted as a forward thinking municipality;
This area of town has a cultural connection to the community driven by the
longstanding Farmers’ Market and the Station Arts Centre;
Discussions/planning that impacts the Station Arts and relocating and/or
adjusting the historical train car should include RCP;
RCP is interested in contributing to this project using their cultural and historical
“lens”.
Based on the potential redevelopment of municipal lands, this initiative appears to be a
Strategy 3 level, which has the goal of Involving, Consulting and Collaborating with the
public as per the Town’s Public Engagement Policy & Guidelines (Bylaw 388 0).
The Task Force will be actively seeking input from various stakeholders into the
development of the streetscape plan, and the Town may want to consider conducting its
own consultation in support of the project as relevant. For example, key informatio n
and recommendations could be reviewed by the Economic Development Advisory
Committee, whose responsibilities it is (1) to advise on initiatives to attract and retain
investment within the community and (2) that assist in the growth of the Town, if so
directed by Council.
FINANCIAL IMPACT/FUNDING SOURCE
The approved 2023 Economic Development & Marketing Budget includes $80,000 in
funding towards this project. The Request for Proposal for selecting a consultation to
undertake the streetscaping plan will follow the Town’s Purchasing Policy and the
tender award will be brought back to Council for approval.
Staff time.
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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 accommodate and support sustainable
growth.
Strategic Direction – Promote, preserve and enhance the downtown core as the
retail centre and community hub for Tillsonburg; Continue to offer relevant,
leading incentives for revitalization and diversification in the downtown and
throughout Tillsonburg.
Priority Project – Immediate Term – Enhanced development standards that
benefit the community (including tree planting, affordable housing, walkability,
livability, connectivity); Short Term – Enhanced public engagement in planning
policies and placemaking.
ATTACHMENTS
Appendix A - Letter-Request for Town of Tillsonburg Support for Bridge St Re-imaging
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Appendix A – Letter-Request for Town of Tillsonburg Support for Bridge St Re-
imaging
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Page 7 of 8
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Page 8 of 8
Page 64 of 139
Page 1 of 13
Subject: Traffic By-Law Housekeeping Amendments – Follow-up
Report Number: OPD 23-13
Department: Operations and Development Department
Submitted by: Geno Vanhaelewyn, Chief Building Official
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 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
Report OPD-23-04 - Traffic By-Law House Keeping Amendments was presented to
Council on January 9, 2023 regarding several changes to amend Traffic and Parking of
Motor Vehicles By-Law 2022-029.
As a result of review and deliberation of the report on January 9, 2023 the following
resolution was passed:
Resolution # 2023-016
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the recommendations for Tillson Avenue, Venison Street and Kara Lane
be approved;
AND THAT the accessible parking request on Brock Street be sent to the
Accessibility Advisory Committee for comment and review;
AND THAT the North School Bus Loading Zone on Frances Street be converted
to a 30 minute maximum parking zone;
AND THAT the remainder of Frances Street be unchanged;
AND THAT a letter signed by the Mayor be sent to the London District Catholic
School Board firmly stating that it is the role of the School Board to provide
sufficient and adequate parking for their schools. The letter should site
complaints received by the Town as well as safety concerns that may have been
identified by staff;
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AND THAT the recommendation for electrical vehicle signage be approved;
AND THAT the removal of two parking spaces on Broadway for T-GO, the two
hour limit on Lot 1A and the re-location of the loading zone in Lot 1A be deferred
until a report is brought back to Council outlining how these changes relate to the
Parking Study.
In addition, at the February 13, 2023 meeting of Tillsonburg Town Council the following
resolution was passed:
Resolution # 2023-074
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the no parking signs in front of 28 and 26 Frances St be removed;
AND THAT the 30 minute parking signs on the north east side of Frances St be
removed;
AND THAT a by-law to amend the traffic by-law be brought forward.
DISCUSSION
This report provides an itemized list of follow-up information to address the resolutions
presented on January 9, 2023 and February 13, 2023.
Item 1 – Accessible Parking on Brock St E
AND THAT the accessible parking request on Brock Street be sent to the
Accessibility Advisory Committee for comment and review;
As per Council resolution, staff forwarded the information to the Accessibility Advisory
Committee for review and the following resolution was passed at their meeting on
February 7, 2023:
Resolution #5
Moved by: Trevor Ford
Seconded by: Brittany Vaughan
THAT the Accessibility Advisory Committee supports the installation of an
accessible parking stall as proposed;
AND THAT the Committee recommends that Council install concave mirrors at
the entrance of Cat Alley to improve pedestrian safety.
The committee supports staff’s recommendation to add an additional accessible stall at
this location. The recommendation to install concave mirrors at the entrance of Cat Alley
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to improve pedestrian safety was sent to Public W orks for review and the following
comment was provided:
As the installation of convex mirrors are not commonplace and have only been
implemented in specific situations throughout other Municipalities that Public
Works has been informed of, nor received evidence of any pedestrian incidents
and near incidents at this location; staff does not recommend the installation of
convex mirrors. Furthermore the appropriate arrangement/agreement would have
to be executed with the effected private Owner(s) to erect said mirror.
The proposed accessible stall is highlighted in green in the above aerial map.
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 2 – Remove Parking Spaces for T:GO Bus Lane
AND THAT the removal of two parking spaces on Broadway for T-GO be
deferred until a report is brought back to Council outlining how these changes
relate to the Parking Study.
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Staff reviewed the Downtown Parking & Accessibility Study which identified that
Broadway Street currently has 161 on-street parking spaces as shown in Exhibit 3-1 of
the study.
Exhibit 3-1: Downtown Parking Inventory
Extending the T:GO Bus Loading Zone would reduce on -street parking by two stalls.
Staff also referred back to Section 6.2.1 of the study which confirms that ample parking
is available in nearby side streets and parking lots.
As the additional space is needed to safely maneuver T:GO buses, staff are
recommending removal of the two parking stalls north of the existing bus stop in front of
the mall. The removal of these two spaces will have little impact on the parking in the
area as cross referenced with the study and will ensure bus drivers have room to safely
maneuver/operate.
In the above aerial map the red box illustrates the two parking stalls to be
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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
Item 3 - 1A North Entrance to Mall
AND THAT the two hour limit on Lot 1A and the re-location of the loading zone in
Lot 1A be deferred until a report is brought back to Council outlining how these
changes relate to the Parking Study.
The Downtown Parking & Accessibility Study outlines parking management strategies to
better distribute parking in the Downtown core. The study recognized that Lot 1A
(CIBC/LCBO) operates at or near full capacity during peak times as per the study’s
Exhibit 3-3 below.
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As a result of the pressures on Lot 1A, the Study identified and recommends that
excess vehicles from Lot 1A be redistributed to Lot 6A (Canadian Tire). Exhibit 3-4 of
the Downtown Parking & Accessibility Study identifies the peak usage and location of
Lot 1A, 6A along with other surrounding lots below.
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Exhibit 3- 4: Existing Peak Parking Utilization Map (Weekday 11:00 AM - 12:00 PM)
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Parking management strategies noted in the study include improved parking wayfinding,
paid parking operations, parking time restrictions, and parking user restrictions. In
review, the parking study supports a parking time restriction and staff recommend that a
2 hour restriction is the best option for Lot 1A at this time which will encourage longer
term parking requirements to shift to an alternate lot.
Staff recommend that Lot 1A be converted into 2 hour parking 9 am - 6pm except
Sundays & Holidays. In addition, convert the existing loading zone spaces to general
parking and convert the four existing parking spaces on the east side of Lot 1A into two
loading zone spaces.
In the above aerial map, the red box illustrates the two loading zone stalls that are proposed
to be removed and converted into two regular parking stalls. The blue box identifies the
location of two proposed loading zone stalls. The remainder of the lot outlined in yellow will
be posted as 2 hour parking.
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Recommending to amend Schedule 4 to By-Law 2022-029 “No Parking in Loading Zone” as
follows:
Item 4 – Frances Street bus loading zone
On January 9, 2023, the following resolution was passed:
Resolution # 2023-016
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the North School Bus Loading Zone on Frances Street be converted to a
30 minute maximum parking zone;
AND THAT the remainder of Frances Street be unchanged
On February 13, 2023, the following resolution was passed:
Resolution # 2023-074
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
AND THAT the 30 minute parking signs on the north east side of Frances St be
removed;
AND THAT a by-law to amend the traffic by-law be brought forward.
Staff’s original recommendation was a result of several complaints related to limited
parking at St. Joseph School particularly when dropping off and picking up students.
Staff monitoring along with verification from the school confirmed that buses do not
utilize the school bus loading zone bay on the north side of Frances Street and
therefore it was recommended to remove the bus zone from this bay and replace it
with a 30 minute parking restriction Mondays to Friday from 7:30 am – 4:30 pm
between the months of Sept 1st to June 30th. This area will accommodate 5 vehicles
for parents to utilize this space to drop off/pick up children which will address
complaints and relieve parking pressures during school hours.
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Page 10 of 13
In review of removing the 30 minute provision recommendation as per the second
resolution made on February 13, 2023; staff support this resolution with ongoing
monitoring. This will delete the bus loading zone on the north side of Frances which
will provide 5 additional parking stalls with no restrictions.
The above aerial map with the green box outlines the north School Bus Loading Zone
to be deleted.
A change is recommended to Schedule 15 “School Bus Loading Zones” as follows:
Delete:
Item 5 – Frances Street Parking Near Crosswalk
THAT the no parking signs in front of 28 and 26 Frances St be removed;
AND THAT a by-law to amend the traffic by-law be brought forward.
In review of the resolution, staff reviewed the Ontario Traffic Manual Book 15 that
outlines the standards for Pedestrian Crossing Treatments. The Manual requires that
school crossings have no parking or sight obstructions within at least 30 m on the
approach to the crossing and 10 m following a crossing.
HIGHWAY SIDE PLACE TIME OR DAY
Frances St. North
St. Joseph School
Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
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In this case, two additional parking stalls can be added on the north side of Frances
west of the crossing and will meet the Ontario Traffic Manual Book 15 by providing a
minimum of 10 m (11 m in this case) following the crossing.
Red Arrows – No Stopping & direction
Yellow Line – distance from crosswalk to driveway at 30/32 Frances Street.
Red Line - distance between driveways. (4 m - not large enough for parking stall)
Staff recommend that the current no stopping be amended to accommodate the two
parking stalls. An amendment is required to Schedule 1 “No Stopping” as follows:
Delete:
HIGHWAY SIDE FROM TO TIME OR DAY
Frances St. North 42m West of Kara Lane 181m West of Kara Lane Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
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Add:
HIGHWAY SIDE FROM TO TIME OR DAY
Frances St. North 82m West of Kara Lane 162m West of Kara Lane Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
Frances St. North 175m West of Kara
Lane
181m West of Kara
Lane
Anytime
With the above noted amendments listed in Item 4 & 5, the overall Frances Street
school zone is summarized in the figure below.
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CONSULTATION
By-Law Enforcement, Accessibility Advisory Committee, Engineering, Operations, Transit
Coordinator, Strathallen, BIA and Public Works staff were consulted as applicable.
FINANCIAL IMPACT/FUNDING SOURCE
New signage and installation will be funded from the approved 2023 Public Works
operational budget in the amount of $4,100.
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; Tillsonburg will strive to improve connectivity for residents
and businesses through traditional and digital infrastructure.
Strategic Direction – N/A
Priority Project – N/A
ATTACHMENTS
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Page 1 of 4
Subject: Cemetery By-Law Amendment
Report Number: RCP 23-10
Department: Recreation, Culture and Parks Department
Submitted by: Matt Johnson, Manager of Parks and Facilities
Meeting Type: Council Meeting
Meeting Date: Monday, February 27, 2023
RECOMMENDATION
THAT report RCP 23-10 Cemetery By-Law Amendment be received as information;
AND THAT a by-law to amend By-Law 2021-058, being a by-law to govern the
operations of the Tillsonburg Cemetery, be brought forward for Council’s consideration.
BACKGROUND
The Town of Tillsonburg Cemetery has provided burial services to the Town of
Tillsonburg and surrounding areas for over 100 years. The cemetery is the eternal
resting spot for many past residents include George Tillson, the Town’s founder, and all
but 3 of the past Tillsonburg Mayors.
The Tillsonburg Cemetery office was built in the 1980’s and is situated on SE corner of
the 17 acre property, located at 191-193 Simcoe Street. For many years the cemetery
office operated from 9am-1pm, Monday thru Friday. This timeline worked well during
that time because the Cemetery Registrar was only a PT position until 2021. Once the
position was increased to full-time, the cemetery hours were able to increase to 8:30am-
3:00pm, Monday through Friday.
During office operating hours, staff would accept walk-ins or appointments booked
through one of the local funeral homes or over the phone with the Cemetery Registrar.
These customers are typically looking to purchase plots or niches, acquire cemetery
information or find a long lost family member.
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RCP 23-10
Page 2 of 4
DISCUSSION
In recent years, the Tillsonburg Cemetery has seen an influx of walk-in traffic to the
main office. Visitors typically arrive unannounced looking to gather information for
plot/niche purchases, genealogy, finding deceased family member(s), or to transfer
Rights.
Unfortunately, the cemetery office does not house adequate privacy for grieving families
who have booked their appointment via a local funeral home or through the Cemetery
Registrar. Although there are signs clearly posted at the Cemetery Info Board and
another posted at the front door entrance to the office, it has become increasingly
challenging as visitors are not abiding by this request. The disruption caused by random
walk-ins has become difficult and upsetting for office employees meeting with grieving
families in a confidential environment.
In 2022 with the new full-time Registrar position the business hours for the cemetery
office changed to 8:30am – 3:00pm. This was something not represented in the 2021
by-law review because the position was not confirmed as full time until after the by-law
was completed. This update is required in the new by-law to accurately reflect
operations.
Due to the challenges and lack of privacy at the cemetery office , staff feel that the
Tillsonburg Cemetery should implement an appointment based operation. The office
staff would still have the option of taking walk-ins if openings were available, but would
work towards scheduled visits moving forward. The change in operation would be
relayed to the local Funeral Homes, the Town would post updates at the cemetery, in
the newspaper and on the Town’s social media pages.
In addition, the Tillsonburg Cemetery would like to adopt a daily, one hour block of time
for genealogy requests from Monday-Friday between 2pm -3pm. Genealogy has
become an income opportunity for many cemeteries across the province and was
added to the Tillsonburg Cemetery’s “Rates and Fees” update in 2023.This was first
discussed with the Cemetery staff in the late half of 2022 and staff felt comfortable
offering this service to the public, with a tariff of $30.00/30 minutes which was approved
by Council during the 2023 Rates and Fees By-law review.
Additionally, the RCP Department will be investigating the opportunity of using our
information kiosks (previously used at the town facilities during COVID for sign in
procedures and now in storage) to retrofit and host our cemetery data management
program, Circle Square. These kiosks could be displayed at the museum, library and
Community Centre. Circle Square is a very user friendly program allowing customers
ease of access to find their loved ones without the assistance of staff. This would
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alleviate the traffic at the Cemetery Office, allowing staff to focus on grieving families.
Another option staff are researching is to add a “genealogy request form” to the Town
website and mobile app for residents to fill out and submit to the Cemetery Registrar for
investigating at a later date.
CONSULTATION
In consultation with Park and Cemetery staff, Supervisor or Parks and Cemeteries,
Manager of Parks and Facilities, Director of Recreation, Parks, and Culture, Ostrander’s
Funeral Home, Verhoeve’s Funeral Home.
FINANCIAL IMPACT/FUNDING SOURCE
With the introduction of the genealogy research fee already approved in the 2023 Rates
& Fees By-law, the Parks and Cemetery Operating Budget will see additional income
commencing in 2023. No expense is anticipated for the above noted changes.
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 – Continue to develop digital service delivery while maintaining
counter and telephone channels.
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Priority Project – N/A
ATTACHMENTS
Appendix A – By-Law 2023-058 Redlined pages 4-5
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By-Law 2021-058
Page 4 of 33
1.33. REGULAR INTERMENT means the interment of human remains which have
not been cremated.
1.34. REGULATIONS means the regulations made pursuant to the Funeral, Burial
and Cremation Services Act, 2002.
1.35. TRANSFEREE means a person wherein the interment rights with respect to a
lot(s) or niche(s), have been either transferred or resold to such person.
1.36. TREASURER means the Treasurer of The Corporation of the Town of
Tillsonburg.
1.37. URN means any container used to hold cremated human remains.
1.38. VAULT means a burial chamber (underground).
2.GENERAL INFORMATION
2.1. The Cemetery Operator reserves full and complete control and management
of the land, buildings, plantings, roads, utilities, books and records of the
cemetery, and complete authority to administer this By-Law regarding all
cemetery operations.
2.2. Hours of Operation:
(a)Municipal Office hours are Monday to Friday, 8:30 a.m. to 4:30 p.m.
(b)Cemetery Office hours are 9 am to 1 pm9:00 a.m. to 3:00 p.m. Monday to
Friday, by appointment only.
(c)Normal interment or inurnment hours are Monday to Friday, 9:00 a.m. to
3:00 p.m.
(d)Visiting hours are daily from dawn to dusk.
Interments/Inurnments Outside of Normal Hours of Operation:
(a)Interments/inurnments may be requested to take place after 4 pm.,
Monday to Friday, however additional charges will apply. These charges
are identified in the Cemetery Price List.
(b)Interments/inurnments may be requested to take place on a Saturday
between 9 am and 4 pm, however additional charges will apply. These
charges are identified in the Cemetery Price List.
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By-Law 2021-058
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(b)(c) Genealogy requests will be by appointment only between
hours of 2:00 p.m. to 3:00 p.m. Monday to Friday. There is a fee for genealogy
search, per Town of Tillsonburg Rates and Fees.
2.3. General Conduct: The Cemetery Operator reserves the full control over the
cemetery operations and management of land within the cemetery grounds.
(See Section 16 for “Rules for Visitors”).
2.4. The Cemetery Operator is committed to protecting the privacy of its Interment
Rights Holders. We collect, use and disclose personal information as
required by governing federal and provincial legislation. We do not rent, sell,
or trade personal information lists. Individuals may request their personal
information in writing at any time to ensure that it is correct and current or to
edit it.
2.5. The Cemetery Operator reserves the right, at its cost, to correct any error that
may be made by it in making interments/inurnments, in the description of the
lot/niche, or the transfer or conveyance of any interment rights. The
Cemetery Operator may, at its sole discretion, either, cancel such grant and
substitute other interment rights, or lot of equal value and similar location, as
far as is reasonably possible; or refund all money paid on account for such
purchase. Notice will be given personally to the Interment Rights Holder. If
necessary, it may be mailed to the Interment Rights Holder or their legal
representative, at their last appearing address in the record books of the
cemetery. In the event any such error may involve the disinterment of
remains, the Cemetery Operator shall first obtain the approval of any
regulatory authority and the Interment Rights Holder.
2.6. By-Law: The Cemetery Operator shall be governed by this By-Law and all
procedures will comply with the Funeral, Burial and Cremation Services Act,
2002, which may be amended periodically. To the extent that any particular
provision of this By-Law is in conflict with the provisions of the Funeral, Burial
and Cremation Services Act, 2002, the provisions of the Funeral, Burial and
Cremation Services Act, 2002 shall govern and this By-Law shall be deemed
to have been amended to conform thereto in all respects.
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Subject: Pickleball - Request to Waive Rental Fee
Report Number: RCP 23-14
Department: Recreation, Culture and Parks Department
Submitted by: Andrea Greenway, Recreation Programs & Services Manager
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT Council receives Staff Report RCP 23-14 Pickleball Request to waive rental fee
as information; and
THAT Council approves the request from the Stonebridge Community Services to waive
the facility rental fee associated with the Lion’s Auditorium to deliver indoor pickleball for
a 6 week period from March 16th to April 27th on Thursday from 1:00pm to 3:00pm and
Tuesday from 9:30am to 11:30am.
BACKGROUND
In the fall of 2022 there was a delegation to Council and to the Recreation and Sports
Advisory Committee with a request for outdoor pickleball courts in Tillsonburg. Council
and committee members were supportive of increasing recreation opportunities for
Tillsonburg residents and the request was referred to capital budget deliberations.
Following the request for outdoor facilities, on December 2, 2022, Town of Tillsonburg
recreation staff met with a group of pickleball players from Tillsonburg and a
representative from Stonebridge Community Services, Abby Malott, Support Services
Manager. Staff learned that there is already an active pickleball group that plays on a
regular basis. Members of the group travel to neighbouring communities for use of
indoor space to play pickleball. The group requested that an indoor space be made
available in Tillsonburg for participants to play during the off season when outdoor
courts are closed so that residents can play their sport in their own community.
Page 84 of 139
RCP 23-14
Page 2 of 4
DISCUSSION
Following the December 2, 2022 meeting, it was agreed that Stonebridge Community
Services would rent the Auditorium for a 7-week trial beginning in January to host a
pickleball program in Tillsonburg. Stonebridge Community Services rented the
auditorium at the Community Centre to run the program and the provide d the equipment
for the program. They were able to pay for the rental through a onetime funding award
from the Seniors Community Grant.
The pickleball program has been very well attended in Tillsonburg. The program filled
within the first hour of registration. Currently 10 pre-registered spots and 8 drop in spots
are available and the program runs from 1:00pm to 3:00pm on Thursdays. Often the
drop in spots are filled immediately on the day of the program and at times participants
have been turned away. Pickleball in Tillsonburg has been very successful and there is
a desire for the program to continue and for more times to be offered.
In discussions with Stonebridge Community Services, they are willing to continue to
offer the program as they have the infrastructure with volunteers and equipment and
have a robust program already established. They have requested that Tillsonburg
support the program by waiving the rental fee for the auditorium . The onetime funding
they secured for the current session runs out on March 31 and Stonebridge Community
Services does not have the financial resources to sustain the program if they have to
pay for the space. They would continue to oversee the program, register participants,
have volunteers during the program and provide all equipment.
The request for free space would allow for 6 additional weeks of indoor pickleball at the
Tillsonburg Community Centre. The program would run until April 27 at which time
players typically move outside and are less willing to pay for a program when they can
play outdoors for free. An additional day would also be added because the program is
so popular and there is a need to offer more time. The program would continue to run
on Thursday afternoons from 1:00pm to 3:00pm and an additional program day would
be added on Tuesday mornings from 9:30am to 11:30am.
Staff reached out to neighbouring municipalities to obtain information on how pickleball
is run in other communities (information included in attachment). The majority of
municipalities surveyed run a drop-in program – many recommend pre-registration for
the drop-in program as participants cannot be guaranteed a spot otherwise. The
programs typically run only during the months that outdoor pickleball courts are not
available. The typical model is very similar to how Stonebridge Community Centre
operates their pickleball program, however not all communities have a group of
volunteers to set up and run the program so there is a cost to municipalities for staffing.
Page 85 of 139
RCP 23-14
Page 3 of 4
In reviewing all options, staff recommend waiving the auditorium rental fee for
Stonebridge Community Services to offer a pickleball program in Tillsonburg for the
2023 Spring season. The program is already established and running well and this
option allows for the program to continue while also giving recreation staff time to plan
for future in-house programming for pickleball.
Staff will be purchasing portable nets, paddles and pickleballs to be ready to deliver an
indoor program starting in the Fall of 2023. RCP will coordinate the promotion,
registration and delivery of the program in house mo ving forward after the summer. This
proposed 6 week partnership is only temporary to allow residents to have access to
indoor pickleball for 6 weeks until the weather is conducive for play on outside courts.
CONSULTATION
Town of Tillsonburg Director of Recreation, Culture & Parks
Stonebridge Community Services, Support Services Manager
7 Neighbouring municipalities (City of London, Municipality of Strathroy-Caradoc, Zorra
Township, City of St. Thomas, Town of Aylmer, Norfolk County, City of Woodstock)
FINANCIAL IMPACT/FUNDING SOURCE
The registration fee for participation in the 6 week program is $40 or $6/week for drop in
charged by Stonebridge Community Services. The revenue generated goes towards the
cost of the equipment, volunteer training and administration costs.
The cost to rent the Auditorium is $64.80 plus HST per hour. The total cost of the
request would be $1,757.38 to support the pickleball program in Tillsonburg. Per Pricing
Policy 9-007, approved by By-law 4013, a 40% reduction to bookings could be
approved by the RCP Director when profit sharing becomes an opportunity, but as
Stonebridge Community Services is looking to break even through a waiver of the entire
facility rental fees and there is no profit sharing, this is being brought to Council for
approval.
RCP will track and account for the expense of the rental contribution in a newly created
Council expense GL# 10-100-7010-000-5440 – Donation Exp. as part of the operating
budget. Staff will report to Council an overview of all donations throughout the year as
part of the financial in-year reviews.
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RCP 23-14
Page 4 of 4
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☒ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☐ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Within the community, Tillsonburg will strive to offer residents the amenities,
services and attractions they require to enjoy balanced lifestyles.
Strategic Direction – Increase opportunities to enjoy culture, events and leisure
activities in Tillsonburg; Maintain and enhance programs and facilities to support an
active, engaged senior population; Expand community partnerships in the delivery of
programs and amenities.
Priority Project – Not Applicable.
ATTACHMENTS
Pickleball Comparators, Feb. 2023
Page 87 of 139
Municipality/Organization Type of facility Staff resources Program type Equipment Cost
City of Woodstock
hall that was renovated into a
double gymnasium
have provided
staff for
instruction in the
past, currently
drop in with no
staff
drop in and book a court
options, book 3 days in
advnace
Nets, paddles and
balls provided by the
City
$2.75 - $4 per
person for drop in
Norfolk County Recreation Centre/school gyms
2 staff present
during pickleball
programs pre-register and drop in
Nets, paddles and
balls provided by the
County $5 per person
Town of Aylmer
hall with tile floor (not ideal)
and rink floor when ice is
removed
little to no staff
involvement drop in
Nets, paddles and
balls provided by the
Town $4 per person
City of St. Thomas Community centre
minimal staff
involvement
other than
setting up nets drop in
Nets, paddles and
balls provided by the
City $3 per person
Stonebridge Community Services
rent space in multiple
community centres
Volunteers run
the program
each time has 10 pre-
registered and 8 drop in spots
Nets and balls
provided by
Stonebridge, have
some paddles on hand
for new players to try
the game
$3 per person per
hour
Zorra Township
Hall with sport flooring and
painted lines
No staff run the
program Drop in
Nets, paddles and
balls provided by the
Townhip $3 per person
Strathroy-Caradoc gym
1 staff for
daytime
programs, 1
volunteer for
evening
programs registered and drop in options
Nets and balls
provided by
municipality, have
some paddles on hand
for new players to try
the game $1 - $5
City of London Community Centre gyms
1 instructor to
facilitate and
help with set up registered and drop in options
Nets, paddles and
balls provided by the
City
$4.75
Page 88 of 139
Page 1 of 3
Subject: RCP Horticultural Society 2023-2025 Memorandum of Understanding
Report Number: RCP 23-15
Department: Recreation, Culture & Parks Department
Submitted by: Julie Columbus, Director of Recreation, Culture and Parks
Meeting Type: Council Meeting
Meeting Date: Monday, March 13, 2023
RECOMMENDATION
THAT Report RCP 23-15 Horticultural Society 2023 – 2024 Memorandum of
Understanding be received as information; and
THAT Council approve the proposed Memorandum of Understanding (MOU) attached to
this report; and
THAT the Town calculated Consumer Price Index (CPI) be used for the grant contribution
in 2024 and 2025; and
THAT the Mayor and Director of Corporate Services/Cle rk be authorized to sign the
Agreement on behalf of the Corporation.
BACKGROUND
The Tillsonburg Horticultural Society is a group of volunteers, consisting of both new and
experienced gardeners, who are dedicated to working to improve the gardens and
esthetics throughout the town. They design, plant and maintain many Tillsonburg
gardens including those at Annandale House, Bert Newman Park, the Royal Canadian
Legion, the Senior Centre, the Station Arts Centre and the Broadway Street Planters.
Annually, Council makes a financial contribution to support the operations of this
volunteer group. At the January 16th Council Budget meeting the following resolution
was approved:
Resolution # 2023-024
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT Council has received applications for grant funding from various
Page 89 of 139
RCP 23-15
Page 2 of 3
community groups during the 2023 budget sessions;
AND THAT the following groups are awarded the following dollar amounts:
1. Big Brother Big Sisters of Oxford County $2,000;
2. Junior Achievement SW Ontario $1,000;
3. Lake Lisgar Revitalization Committee $7,000;
4. Royal Canadian Legion Branch 153 $3,500;
5. Tillsonburg and District Multi-Service Centre $7,000;
6. Tillsonburg Free Family Fishing Derby $1,000;
7. Tillsonburg Horticultural Society $4,000;
8. Tillsonburg Tri-County Agricultural Society (Fair) $6,800;
9. Tillsonburg Turtlefest $7,500;
10. Youth Unlimited (Upper Deck Youth Centre) $1,000;
11. Tillsonburg and Area Optimist Club - Santa Claus Parade $2,500;
12. Family Day Organizing Committee $2,500;
13. Town of Tillsonburg Cultural Advisory Committee $6,000.
DISCUSSION
Staff are recommending the MOU be adjusted to a three year agreement and that the
Town calculated CPI be applied for the MOU moving forward in 2024 and in 2025. The
attached MOU has been updated to reflect this recommendation. This is similar to our
MOU’s with other organizations in town. A three year MOU is more efficient for budgeting
process as well as operations.
CONSULTATION
This report has been prepared in consultation with the Horticultural Society, Manager of
Parks and Facilities, Director of Finance and the Director Recreation, Culture & Parks
Department.
FINANCIAL IMPACT/FUNDING SOURCE
The confirmed funding for 2023 is $4,000.00 and included in the 2023 Operating Budget.
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☒ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☐ Connectivity and transportation
☐ Not Applicable
Page 90 of 139
RCP 23-15
Page 3 of 3
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Within the community, Tillsonburg will strive to offer residents the amenities,
services and attractions they require to enjoy balanced lifestyles.
Strategic Direction – Expand community partnerships in the delivery of programs and
amenities.
Priority Project – N/A
ATTACHMENT
Proposed 2023-2025 Horticultural Society Memorandum of Understanding.
Page 91 of 139
Page 1 of 3
2023-2025 MEMORANDUM OF UNDERSTANDING
BETWEEN
TILLSONBURG HORTICULTURAL SOCIETY
AND
THE CORPORATION OF THE TOWN OF TILLSONBURG
1.0 STATEMENT OF INTENT:
The Town of Tillsonburg (Town); representing the community at large, and the Tillsonburg
Horticultural Society (THS) enter into this Memorandum of Understanding to establish a
working partnership/relationship to further enhance our collective goals.
2.0 GUIDING PRINCIPLES:
The following guiding principles will direct the deliberations of the Town and THS in
achieving that goal.
THS:
2.1 To encourage interest and improvement in horticulture by holding meetings while
respecting the theory and practice of horticulture.
2.2 To beautify the Town of Tillsonburg, Ontario by encouraging the planting and
maintaining of flowers, shrubs and trees on public and private grounds.
2.3 To educate members and the community in horticulture and promote the
protection of the environment.
TOWN:
2.4 Provide financial support and operational resource assistance as requested and/or
needed and as approved by Council annually.
2.5 Encourage and support the THS and volunteers in their endeavours.
MUTUAL (BOTH THS & TOWN):
2.6 Initiate beautification projects that will enhance the profile of the Tillsonburg
community
2.7 Promote and raise the profile of the community as the place to live and visit.
2.8 Develop plans for continuous improvement of all beautifications.
2.9 Coordinate annual plans between the parties, where feasible and practical.
Page 92 of 139
Page 2 of 3
2.10 Develop communication protocols and procedures to enhance the beautification of
the Town.
2.11 THS and Town to review and agree upon annual projects in October of each year
and prior to the Town’s annual budget approval by Town Council.
2 MANDATES:
THS:
The Tillsonburg Horticultural Society will provide financial and volunteer support in the
beautification of the Town of Tillsonburg, encouraging the planting, nurturing and
maintenance of flowers, shrubs and trees in mutually agreed upon public spaces.
TOWN:
The Town of Tillsonburg is obligated to maintain, develop and create a strong, healthy and
vibrant community consistent with the corporate strategic plan and best practices as
demonstrated by similar towns & cities in Canada.
3 CONDITIONS PRECEDENT:
The parties agree to the following conditions:
3.4 Annual projects of a minor nature as determined will be the responsibility of the THS to
fund.
3.5 Any additional charges or costs other than those contained in this agreement must be
agreed to by the parties prior to procurement and/or issuance of approval.
3.6 The THS shall provide appropriate insurance coverage also naming the Town as
additionally insured. (copy provided to the Town)
3.7 The Town will pay the THS the sum of $4,000 in 2023.
In 2024 and 2025, the annual amount will increase annually in accordance with the Town
calculated Consumer Price Index. Payment will be made subsequent to the approval of
the Town’s annual operating budget.
4 AMENDMENTS:
Amendments to the agreement will require the mutual consent of the parties but will
otherwise be considered at an annual meeting to take place in September of each year. The
THS and the Town must approve all proposed amendments which shall form part of the
MOU, as amended from time to time.
5 TERMS OF THE AGREEMENT:
5.4 The agreement will be reviewed every three years and will be in effect from the
commencement date of January 1st, 2023 to December 31st of 2025.
Page 93 of 139
Page 3 of 3
THE TILLSONBURG HORTICULTURAL SOCIETY
__________________________ __________________
By: Date:
THE CORPORATION OF THE TOWN OF TILLSONBURG
_______________________________ __________________
By: Deb Gilvesy, Mayor Date:
_______________________________ __________________
By: Tanya Daniels, Director of Corporate Services Date:
Page 94 of 139
1
The Corporation of the Town of Tillsonburg
Affordable and Attainable Housing Committee Meeting
MINUTES
Wednesday, February 22, 2023
4:15 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Cedric Tomico
Councillor Chris Parker
Cole Warwick, Housing Programs Coordinator, Oxford County
Rebecca Smith, Manager of Housing Development, Oxford
County
Dane Willson
Deb Gilvesy, Mayor
Suzanne Renken
Regrets: Gary Green
Staff: Cephas Panschow, Development Commissioner
Kyle Pratt, Chief Administrative Officer
Tanya Daniels, Director of Corporate Services/Clerk
Regrets: Laura Pickersgill, Executive Assistant
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:16 p.m.
2. Adoption of Agenda
Resolution # 1
Moved By: Suzanne Renken
Seconded By: Dane Willson
Page 95 of 139
2
THAT the Agenda as prepared for the Affordable and Attainable Housing
Advisory Committee meeting of Wednesday, February 22, 2023, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Adoption of Minutes of Previous Meeting
Resolution # 2
Moved By: Cedric Tomico
Seconded By: Mayor Gilvesy
THAT the minutes of the Affordable and Attainable Housing Advisory Committee
of January 25, 2023, be approved.
Carried
5. Presentations
5.1 Transitional Housing
Presented by: Kelly Gilson, Executive Director, United Way Oxford
Kelly Gilson attended before the Committee to provide a presentation on
the recent purchase of a home. Ms. Gilson provided general comment
regarding the project and included the following noted items:
• Home is within walking distance of downtown;
• Home will have 7 bedrooms;
• Applications are now being accepted with hopes of April 1 full
complement;
• Support from the community has been extremely positive.
Councillor Parker asked Ms. Gilson for a list of needs for the housing site
and that the list be shared with the Committee to garnish community
support. Suzanne Renken commented regarding the Chamber of
Commerce distribution list and sought confirmation be sent once the
public emails can occur after property closing.
Page 96 of 139
3
Mayor Gilvesy commented that Councillor Rosehart has covered the
family room needs when circulating.
6. Information Items
6.1 40 Tiny Homes Article
General discussion on the article occurred by the members surrounding
the deployment of Tiny Homes within the Town.
6.2 Temporary Cold-Weather Shelter
Operation Sharing – Woodstock Cold Weather Shelter general discussion
surrounding the pilot program being launched.
7. General Business & Reports
7.1 31 Earle Street Update
Cephas Panschow provided an overview of the 31 Earle Street property
and update on the status. C. Panschow provided an overview of a draft
concept for the property with conceptual development statistics. General
discussion regarding the draft concept occurred indicating a desire to
increase the number of units and maximizing funds for development.
Further discussion on affordable and attainable housing occurred. K. Pratt
and C. Panschow will bring matters back to the Committee as they
develop.
7.2 Proposed Homeless Resolution
A general discussion on the Association of Municipalities of Ontario draft
motion titled “A Call to the Provincial government to End Homelessness in
Ontario”. The Committee did not wish to support this resolution at this
time but discussed further development of a motion at a future date.
7.3 Community Strategic Plan Update
K. Pratt provided an overview of the Community Strategic Plan and
solicited suggestions from the Committee.
No comments were provided by the Committee.
8. Next Meeting
Wednesday, March 29, 2023 at 4:15 p.m.
9. Adjournment
Resolution # 3
Page 97 of 139
4
Moved By: Dane Willson
Seconded By: Cedric Tomico
THAT the Affordable and Attainable Housing Advisory Committee meeting of
Wednesday, February 22, 2023 be adjourned at 5:21 p.m.
Carried
Page 98 of 139
1
The Corporation of the Town of Tillsonburg
Economic Development Advisory Committee Meeting
MINUTES
Tuesday, February 14, 2023
7:30 AM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Suzanne Renken
Dane Willson
Cedric Tomico
Deb Gilvesy, Mayor
Lisa Gilvesy
Andrew Burns
Randy Thornton
Gurvir Hans
Randi-Lee Bain
Steve Spanjers
Jesse Goossens
Kirby Heckford
Regrets: Councillor Bob Parsons
Staff: Kyle Pratt, Chief Administrative Officer
Cephas Panschow, Development Commissioner
Laura Pickersgill, Executive Assistant
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 7:34 a.m.
2. Adoption of Agenda
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2
Resolution # 1
Moved By: Lisa Gilvesy
Seconded By: Jesse Goossens
THAT the Agenda as prepared for the Economic Development Advisory
Committee meeting of Tuesday, February 14, 2023, be adopted.
Carried
3. Orientation
Laura Pickersgill provided a brief orientation to the Committee.
Opportunity was provided for members to ask questions.
4. Election of Chair and Vice-Chair
Resolution # 2
Moved By: Cedric Tomico
Seconded By: Dane Willson
THAT Jesse Goossens be elected as the Chair and Andrew Burns be elected as
the Vice-Chair for the duration of the term of the Economic Development
Advisory Committee.
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
6. Adoption of Minutes of Previous Meeting
Resolution # 3
Moved By: Dane Willson
Seconded By: Cedric Tomico
THAT the minutes of the Economic Development Advisory Committee of January
17, 2023, be approved.
Carried
7. General Business and Reports
Page 100 of 139
3
7.1 Monthly Activity Update
Cephas Panschow provided an overview of the Monthly Activity Update.
It was suggested that a consultant review the hydro capacity and utility
placement prior to the release of the RFP for Phase 2 of VanNorman
Innovation Park.
7.2 2023 Economic Development Business Plan
Cephas Panschow provided an overview of the 2023 Economic
Development Business Plan. There will be a priority setting meeting in
March or April. There will be a Community Strategic Plan report coming to
the next Council meeting. Staff looking into lands for Project Big Swing.
Resolution # 4
Moved By: Kirby Heckford
Seconded By: Randy Thornton
THAT the Economic Development Advisory Committee supports Council's
decision to have the Boundary Adjustment Committee be a subcommittee
of the Economic Development Advisory Committee.
Carried
7.3 Strathallen Lease (verbal update)
There was a discussion regarding the Strathallen lease. Documentation
related to this item will be collected and sent out two weeks prior to the
next scheduled meeting date.
8. Planning Items Circulation
9. Community Strategic Plan
9.1 Town Hall Update
The environmental site assessment is to be complete by the end of this
month. Staff will be reviewing this item at the Council Priority Setting
meeting.
9.2 Affordable and Attainable Housing Committee
Council approved the re-designation and re-zoning application for the 31
Earle Street property. There will be an eight-week temporary homeless
Page 101 of 139
4
shelter at Avondale United Church managed by Operation Sharing and
food will be provided by the Mill restaurant.
9.3 Boundary Adjustment Committee
There were no further updates on this item.
9.4 Health Care Committee
It was noted that the Community Health Care Committee met on February
7th and drafted updated Terms of Reference. It was noted that three new
physicians were recruited in 2022 and one new recruitment in 2023 so far.
The TDMH CEO to be invited to a future meeting.
10. Community Organization Updates
10.1 Downtown Business Improvement Association
10.1.1 Report from BIA Chair
Cedric Tomico provided a brief summary of highlights from the
report. There will be a discussion on shortage in patio spaces at the
next meeting.
10.2 Tillsonburg District Chamber of Commerce
The Chamber welcomed five new directors to its' membership including:
new President, Keith Agnew. The WSIB Policy has complete. The
Chamber is looking to get a co-sponsor on issues identified with the
Ontario Residential Tenancies Act. The Business After Five events are
booked for the whole year. Nominations for the Awards of Excellence will
be circulated soon. The Chamber is organizing a Mayor's Breakfast.
It was suggested that the Chamber use their network to advocate for
simplifying the new Underused Housing Tax (UHT) requirement on
income tax filing.
10.3 Woodstock, Ingersoll, Tillsonburg and Area Association of Realtors
10.3.1 Monthly Statistics
Dane provided a brief summary of the statistics.
11. Round Table
Members were reminded of the handy new Town of Tillsonburg app available.
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5
The Community Centre will be closing on March 25th for renovations.
Renovations will begin as soon as possible at the Lake Lisgar Waterpark
Building.
12. Next Meeting
The next meeting will be held on March 21, 2023.
13. Adjournment
Resolution # 5
Moved By: Dane Willson
Seconded By: Cedric Tomico
THAT the Economic Development Advisory Committee meeting of Tuesday,
February 14, 2023 be adjourned at 10:04 a.m.
Carried
Page 103 of 139
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting Minutes of February 1, 2023
Approved March 3, 2023
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 1 -
Members in attendance:
John Scholten, Chair Township of Norwich
Michael Columbus, Vice-Chair Norfolk County
Shelley Ann Bentley Haldimand County
Dave Beres Town of Tillsonburg
Doug Brunton Norfolk County
Robert Chambers County of Brant
Tom Masschaele Norfolk County
Stewart Patterson Haldimand County
Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide
Peter Ypma Township of South-West Oxford
Regrets: none
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
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, February 1, 2023.
2. Additional Agenda Items
There were no additional agenda items.
3. Declaration of Conflicts of Interest
None were declared.
4. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes of January 11, 2023
There were no questions or comments.
Page 104 of 139
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 2 -
A-13/23
Moved by P. Ypma
Seconded by D. Brunton
THAT the minutes of the LPRCA Board of Directors Meeting held January 11, 2023 be
approved as circulated.
Carried
5. Business Arising
No business arising from the previous minutes.
6. Review of Committee Minutes
a) Lee Brown Marsh Management Committee (LBMMC) Meeting, August 16, 2022
The August 16, 2022 LBMMC meeting ended at 5:20 p.m.
The 2022 feeding permits were not issued by Canadian Wildlife Service due to the
Avian Flu outbreak. The Avian Flu was not detected at the marsh, and to staff’s
knowledge, there was no report of Avian Flu in the local area.
A-14/23
Moved by T. Masschaele
Seconded by M. Columbus
THAT the minutes of the Lee Brown Marsh Management Committee meeting of August
16, 2022 be approved as amended.
Carried
7. Correspondence
There was no correspondence presented for review.
8. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 17 applications were approved in
the past month. LPRCA-1/23, LPRCA-2/23, LPRCA-3/23, LPRCA-4/23, LPRCA-5/23,
LPRCA-6/23, LPRCA-7/23, LPRCA-8/23, LPRCA-9/23, LPRCA-10/23, LPRCA-14/23,
LPRCA- 15/23, LPRCA-16/23, LPRCA-17/23, LPRCA-19/23, LPRCA-20/23, and
LPRCA-21/23.
Page 105 of 139
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 3 -
All of the staff-approved applications met the requirements as set out in Section 28 of
the Conservation Authorities Act.
Shelley Ann Bentley referred to application 4/23 for a new build that did not include a
septic system plan and inquired about the LPRCA planning process if a septic system
needs to be installed at a later date. L. Mauthe explained that an application/permit
submitted for a new build that does not include septic plans would require a second
application/permit if a septic system was to be installed.
A-15-23
Moved by R. Weisler
Seconded by D. Brunton
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved
Permits report dated February 1, 2023 as information.
Carried
b) 2022 Permit Application Turnaround Times
The Interim Manager of Watershed Services reviewed the Planning Department’s
statistics for permit turnaround times from the past year.
In 2022, LPRCA approved 278 permits with 96% of the applicants receiving their
permits within 15 days, and 100% receiving their permits within 30 days. The average
permit turnaround time for minor applications in 2022 was 4.2 days, down from 10.7
days in 2021. The average permit turnaround time for major applications in 2022 was
4.9 days, a significant improvement from 21.3 days in 2021.
Staff will continue to evaluate all proposed Bills and regulation updates with respect to
the updated Conservation Authorities Act and assess the impact to LPRCA.
A-16-23
Moved by D. Beres
Seconded by S. Bentley
THAT the LPRCA Board of Directors receives the 2022 Permit Application Turnaround
Times Report as information.
Carried
9. New Business
a) General Manager’s Report
The General Manager provided an overview of operations this past month.
Page 106 of 139
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 4 -
Staff were notified on January 4, 2023 that the Ontario Wetland Evaluation System was
updated and came into effect January 1, 2023. Staff will provide a report to the board
regarding the changes and impact to LPRCA.
The Planning Department processed 17 applications as of January 23, 2023 compared
to 10 for the same period in 2022.
Camping reservations opened today and by 10 a.m. the reservations surpassed all
opening day reservations of 2022.
A-17/23
Moved by T. Masschaele
Seconded by C. Van Paassen
That the LPRCA Board of Directors receives the General Manager’s Report for January
2023 as information.
Carried
b) Years of Service Recognition
Three staff members and one board member reached service milestones in 2022. They
will be recognized at the 2023 Annual General Meeting on March 3, 2023.
A-18/23
Moved by R. Weisler
Seconded by P. Ypman
That the Years of Service Recognition Report be received as information.
Carried
c) 2023 Community Outreach
The Marketing Coordinator provided an overview of communications, marketing and
events for 2023.
Along with the annual brochures, social media content and marketing events, 2023 will
feature “75 years in conservation” promotions and activities. Also, the Backus Historic
Site will be staffed with heritage interpreters for the first time since the pandemic began,
and staff are discussing with the Norfolk Militia the possibility of a return of the “War of
1812” event.
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FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 5 -
A-19/23
Moved by S. Bentley
Seconded by D. Brunton
THAT the LPRCA Board of Directors receives the 2023 Community Outreach report as
information.
Carried
e) Timber Tender LP-349-23 Collver Wintermute Tract
Tender packages were sent to various loggers, sawmill operators, and timber buyers
with a closing date of January 27, 2023. Three bids were received by the deadline, and
staff recommended the tender be awarded to the highest bidder.
A-20/23
Moved by S. Patterson
Seconded by P. Ypma
THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey
for marked standing timber at the Collver-Wintermute Tract– LP-349-23 for a total
tendered price of $86,360.00.
Carried
Adjournment
The Chair adjourned the meeting at 7:20 p.m.
_______________________________ ________________________________
John Scholten Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-
A BY-LAW to authorize a Transfer Payment Agreement for Safe Restart
Agreement Phase 4 Funding for Municipal Transit (SRA Phase 4).
WHEREAS The Town of Tillsonburg deems it necessary and expedient to enter into an
agreement for the purpose of receiving funds from the Safe Restart Agreement Phase 4
Funding For Municipal Transit (SRA Phase 4).
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That the Transfer Payment Agreement for Safe Restart Agreement Phase 4
Funding For Municipal Transit (SRA Phase 4) attached hereto as Schedule A
forms part of this By-Law;
2. That the Mayor and Clerk be hereby authorized to execute the agreement
attached hereto as Schedule A 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 13th day of MARCH, 2023.
READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of MARCH, 2023.
___________________________
MAYOR – Deb Gilvesy
_____________________________
CLERK – Tanya Daniels
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Town of Tillsonburg and Ontario SRA PHASE 4 TPA
TRANSFER PAYMENT AGREEMENT
FOR SAFE RESTART AGREEMENT PHASE 4 FUNDING FOR MUNICIPAL TRANSIT
(SRA PHASE 4)
THIS TRANSFER PAYMENT AGREEMENT for Safe Restart Agreement Phase 4 Funding
for Municipal Transit (SRA PHASE 4) (the “Agreement”) is effective as of the Effective Date.
B E T W E E N:
His Majesty the King in right of Ontario as represented by the
Minister of Transportation for the Province of Ontario
(the “Province”)
- and -
The Corporation of the Town of Tillsonburg
(the “Recipient”)
BACKGROUND:
On December 7, 2022, the Government of Ontario announced that it was partnering
with the Government of Canada to provide up to $505 million in Safe Restart Agreement
Phase 4 Funding for Municipal Transit (SRA Phase 4) to municipalities across Ontario.
The funding for SRA Phase 4, which will be provided to the Recipient in accordance
with the terms and conditions set out in the Agreement, is intended to provide the
Recipient with assistance for the costs and losses relating to the Recipient’s transit
systems the Recipient has incurred during the Eligibility Period as a result of the
COVID-19 pandemic.
SRA Phase 4 funding builds upon the approximately $2.15 billion that was delivered to
municipalities through the Safe Restart Agreement (SRA) to support Ontario municipal
transit systems with COVID-19 pandemic-related financial pressures. SRA funding has
been delivered in three phases:
• Phase 1: Over $700 million flowed to municipalities for COVID-19 related
financial impacts between April and September 2020.
• Phase 2: $590 million flowed to municipalities for COVID-19 related financial
impacts between October 2020 and March 2021.
• Phase 3: Up to $650 million for eligible expenditures between April and
December 2021, plus an additional $127.6 million in Phase 3 top-ups and an
additional $81.7 million in supplementary funding for January 2022 (for Phase 3
only, municipalities were able to request an extension of the eligibility period to
December 31, 2022, on a case-by-case basis).
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CONSIDERATION:
In consideration of the mutual covenants and agreements contained in the Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are
expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 Schedules to the Agreement. The following schedules form part of the
Agreement:
Schedule “A” - General Terms and Conditions
Schedule “B” - Contact Information and Authorized Representatives
Schedule “C” - Eligible Expenditures and Ineligible Expenditures
Schedule “D” - Payment Procedures
1.2 Entire Agreement. The Agreement constitutes the entire agreement between
the Parties (as defined in section A1.2 (Definitions)) with respect to the subject
matter contained in the Agreement and supersedes all prior oral or written
representations and agreements.
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between
any of the requirements of:
(a) Schedule “A” (General Terms and Conditions) and any of the
requirements of another schedule or a sub-schedule, Schedule “A”
(General Terms and Conditions) will prevail to the extent of the
inconsistency;
(b) a schedule and any of the requirements of a sub-schedule, the schedule
will prevail to the extent of the inconsistency; or
(c) this Agreement and any of the requirements of the Guidelines, this
Agreement will prevail.
3.0 COUNTERPARTS
3.1 Counterparts. The Agreement may be executed in any number of counterparts,
each of which will be deemed an original, but all of which together will constitute
one and the same instrument.
3.2 Electronic Execution and Delivery of Agreement.
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(a) The Agreement may:
(i) be executed and delivered by scanning the manually signed
Agreement as a PDF and delivering it by email to the other Party; or
(ii) subject to the Province’s prior written consent, be executed and
delivered electronically to the other Party.
(b) The respective electronic signature of the Parties is the legal equivalent of
a manual signature.
4.0 AMENDING THE AGREEMENT
4.1 Amending the Agreement. The Agreement may only be amended by a written
agreement.
4.2 Execution of Amending Agreement. An amending agreement for changes to
the Agreement may be duly executed by the representatives of the Parties listed
on the signature page below or in Schedule “B” (Contact Information and
Authorized Representatives).
5.0 ACKNOWLEDGEMENT
5.1 Acknowledgement. The Recipient acknowledges that:
(a) the Funds are to assist the Recipient with the Financial Impacts due to the
COVID-19 pandemic on the Recipient’s transit system or the Costs to
Support Priority Initiatives and not to provide goods or services to the
Province;
(b) the Province is not responsible for the Recipient’s transit system; and
(c) the Province is bound by the Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, c. F.31 (Ontario) and that any information
provided to the Province in connection with the Agreement may be subject
to disclosure in accordance with that Act.
5.2 Acknowledgement from Province. The Province acknowledges that the
Recipient is bound by the Municipal Freedom of Information and Protection of
Privacy Act , R.S.O. 1990, c. M.56 (Ontario) and any information provided to the
Recipient in connection with the Agreement may be subject to disclosure in
accordance with that Act.
- SIGNATURE PAGE FOLLOWS -
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The Parties have executed the Agreement on the dates set out below.
HIS MAJESTY THE KING IN RIGHT OF THE
PROVINCE OF ONTARIO, represented by the
Minister of Transportation for the Province of Ontario
_________________ ____________________________________
Date Name: Caroline Mulroney
Title: Minister
THE CORPORATION OF THE TOWN OF
TILLSONBURG
_________________ ____________________________________
Date Name: Deb Gilvesy
Title: Mayor
I have authority to bind the Recipient.
_________________ ____________________________________
Date Name: Tanya Daniels
Title: Director of Corporate Services / Clerk
I have authority to bind the Recipient.
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SCHEDULE “A”
GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(a) words in the singular include the plural and vice-versa;
(b) words in one gender include all genders;
(c) the headings do not form part of the Agreement; they are for reference
only and will not affect the interpretation of the Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and
currency; and
(e) all accounting terms not otherwise defined in the Agreement have their
ordinary meanings.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
“Agreement” means this agreement, entered into between the Province and the
Recipient, all of the schedules listed in section 1.1 (Schedules to the Agreement),
and any amending agreement entered into pursuant to section 4.1 (Amending
the Agreement).
“Authorities” means any government authority, agency, body or department,
whether federal, provincial or municipal, having or claiming jurisdiction over the
Recipient’s transit system or the Agreement.
“Business Day” means any working day, Monday to Friday inclusive, excluding
statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday;
Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day;
Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any
other day on which the Province has elected to be closed for business.
“Communications Activities” means, but is not limited to, public or media
events or ceremonies including key milestone events, news releases, reports,
web and social media products or postings, blogs, news conferences, public
notices, physical and digital signs, publications, success stories and vignettes,
photos, videos, multi-media content, advertising campaigns, awareness
campaigns, editorials, multi-media products, and all related communication
materials in respect of the Agreement.
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“Costs to Support Priority Initiatives” means the operating and capital costs
incurred by the Recipient during the Eligibility Period in respect of the Recipient’s
municipal transit system that support the priority transit initiatives identified in
Schedule “C” subsection C1.1. For clarity, Costs to Support Priority Initiatives are
Eligible Expenditures insofar as they are incurred in accordance with Schedule
“C”.
“Effective Date” means the date of signature by the last signing Party to the
Agreement.
“Eligible Expenditures” means the losses and costs that are eligible for funding
by the Province in accordance with Schedule “C” of the Agreement).
“Eligibility Period” means the period starting on February 1, 2022 and ending
on December 31, 2022, inclusive.
“Event of Default” has the meaning ascribed to it in section A12.1 (Events of
Default).
“Expiry Date” means December 31, 2023.
“Financial Impacts” means the net revenue losses, net operating costs, and
capital costs the Recipient has incurred during the Eligibility Period in respect of
the Recipient’s municipal transit system as a result of the COVID-19 pandemic.
For clarity, Financial Impacts are Eligible Expenditures insofar as they are
incurred in accordance with Schedule “C”.
“Funds” means the money the Province provides to the Recipient pursuant to
the Agreement.
“Guideline” or “Guidelines” means the “Ministry of Transportation Safe Restart
Agreement Phase 4 Municipal Transit Funding Stream Guidelines and
Requirements”, as may be amended from time to time, which were distributed to
recipients on December 7, 2022 and made available through the Transfer
Payment Ontario (TPON) system.
“Indemnified Parties” means His Majesty the King in right of Ontario, and
includes His ministers, agents, appointees, and employees.
“Ineligible Expenditures” means the costs that are ineligible for funding by the
Province in accordance with Schedule “C” of the Agreement.
“Loss” means any cause of action, liability, loss, cost, damage, or expense
(including legal, expert and consultant fees) that anyone incurs or sustains as a
result of or in connection with the Recipient’s transit system or with any other part
of the Agreement.
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“Maximum Funds” means $1,601.
“Notice” means any communication given or required to be given pursuant to
the Agreement.
“Notice Period” means the period of time within which the Recipient is required
to remedy an Event of Default, pursuant to paragraph A12.3(b), and includes any
such period or periods of time by which the Province extends that time in
accordance with section A12.4 (Recipient not Remedying).
“On-demand Transit” means an alternative form of providing transit, where
vehicle routes and schedules are determined by passenger demand typically
facilitated through a technology application, unlike fixed route transit where
transit service has a predetermined route and schedule.
“Operating Budget” means the Recipient’s 2020 operating budget
which has been prepared and adopted by the Recipient as required by section
290(1) of the Municipal Act, 2001 or a suitable adopted budget from which a
baseline can be established to measure COVID-related financial impacts.
“Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient.
“Proceeding” means any action, claim, demand, lawsuit, or other proceeding
that anyone makes, brings or prosecutes as a result of or in connection with the
Recipient’s transit system or with any other part of the Agreement.
“Records Review” means any assessment the Province conducts pursuant to
section A7.4 (Records Review).
“ Reports ” means the reports described in the Guidelines as well as any
additional reports described in this Agreement.
“Requirements of Law” means all applicable requirements, laws, statutes,
codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules,
regulations, official plans, permits, licences, authorizations, directions, and
agreements with all Authorities.
“SRA Phase 1 Contribution” means the funding for the SRA Phase 1 the
Province provided to the Recipient in September and October 2020 in
accordance with the Safe Restart Agreement
Public Transit Funding Stream – Phase 1 Guidelines and Requirements
“SRA Phase 3 Contribution” means the funding for the SRA Phase 3 the
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Province provided to the Recipient in March 2021 in accordance with the
Province’s Safe Restart Agreement Public Transit Funding Stream – Phase 2
and Phase 3 Guidelines and Requirements.
A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS
A2.1 General. The Recipient represents, warrants and covenants that:
(a) it has, and will continue to have, the experience and expertise necessary
to operate its transit system;
(b) it is in compliance with, and will continue to comply with, all Requirements
of Law related to any aspect of the Recipient’s transit system;
(c) if Funds are used for acquired goods or services, or both, these were
acquired in compliance with the Recipient’s policies and procedures and,
to the extent possible under the COVID-19 pandemic unprecedented
times, through a process that promotes the best value for the money;
(d) it is in compliance with, and will continue to comply with, all requirements
under the Guidelines;
(e) it is in compliance with the insurance requirements set out in section A10.1
(Recipient’s Insurance);
(f) any information, including the Reports, the Recipient provided to the
Province in support of its request for Funds including, without limitation,
information relating to any eligibility requirements, the Recipient’s transit
system, any Financial Impact, any Costs to Support Priority Initiatives and
related timelines was true and complete at the time the Recipient provided
the Reports; and
(g) it will provide any necessary updates to the Province during the Term of
the Agreement to ensure that all Reports will continue to be true and
complete should any of the information become inaccurate.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a) the full power and authority to enter into the Agreement; and
(b) taken all necessary actions to authorize the execution of the Agreement,
including passing a municipal by-law authorizing the Recipient to enter into
the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will
maintain in writing, and will follow:
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(a) procedures to enable the Recipient to manage the Funds prudently and
effectively;
(b) procedures to address any identified risks to the Recipient’s ability to claim
Eligible Expenditures from the Eligibility Period, all in a timely manner; and
(c) procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to carry out its obligations under the
Agreement.
A2.4 Supporting Proof. Upon request of the Province and within the timelines set out
in the request, the Recipient will provide the Province with proof of the matters
referred to in this Article A2.0 (Representations, Warranties and Covenants).
A3.0 TERM OF THE AGREEMENT
A3.1 Term. The term of the Agreement will commence on the Effective Date and will
expire on the Expiry Date unless terminated earlier pursuant to Article A11.0
(Termination on Notice) or Article A12.0 (Event of Default, Corrective Action, and
Termination for Default) of the Agreement or by the Province in accordance with
the Guidelines.
A4.0 FUNDS
A4.1 Funds Provided. The Province will:
(a) provide the Recipient up to the Maximum Funds for Eligible Expenditures;
(b) provide the Funds to the Recipient in accordance with the payment
procedures in Schedule “D” (Payment Procedures); and
(c) deposit the Funds into an account designated by the Recipient provided
that the account:
(i) resides at a Canadian financial institution; and
(ii) is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided):
(a) in addition to any other limitations under the Agreement on the payment of
Funds by the Province, the Province is not obligated to provide any Funds
to the Recipient unless the Recipient fulfils the special conditions listed in
section A27.1 (Special Conditions); and
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(b) the Province may adjust the amount of Funds it provides to the Recipient
based upon the Province’s assessment of one or more of the following:
(i) the information the Recipient provides to the Province pursuant to this
Agreement and the Guidelines; and
(ii) the SRA Phase 3 Contribution funding provided to the Recipient
exceeds the financial impacts the Recipient incurred, as a result of the
COVID-19 pandemic, beginning from April 1, 2021 to December 31,
2021, inclusive.
A4.3 Use of Funds. The Recipient will do all of the following:
(a) spend the Funds only on Eligible Expenditures; and
(b) not use the Funds to cover any Eligible Expenditure that has or will be
funded or reimbursed by one or more of any third party, including any level
of government, or ministry, agency, or organization of the Government of
Ontario, other than the Province pursuant to the Agreement.
A4.4 Deduction of SRA Phase 1 Contribution and SRA Phase 3 Contribution,
Rebates, Credits and Refunds. Based upon the Reports the Recipient
provides to the Province, the Province will provide Funds to the Recipient in an
amount based on the actual losses or costs to the Recipient , less any actual
losses or costs (including taxes) for which the Recipient has received, will
receive, or is eligible to receive SRA Phase 1 Contribution, SRA Phase 3
Contribution, a rebate, credit or refund.
A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may:
(a) deduct an amount equal to the interest from any further instalments of
Funds; or
(b) demand from the Recipient the payment of an amount equal to the
interest.
A5.0 RECIPIENT’S DISPOSAL OF ASSETS
A5.1 Disposal. The Recipient will not, without the Province’s prior written consent and
prior to the Expiry Date or earlier termination of the Agreement, sell, lease, or
otherwise dispose of any asset purchased or created with the Funds.
A6.0 CONFLICT OF INTEREST
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A6.1 No Conflict of Interest. The Recipient represents and warrants that there is and
there will continue to be no conflict of interest in respect of any Eligible
Expenditures claimed under the Agreement and that the Recipient will use the
Funds without an actual, potential, or perceived conflict of interest.
A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of
Interest), a conflict of interest includes any circumstances where:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships, or financial interests that could, or could
be seen to, interfere with the Recipient’s objective, unbiased, and impartial
judgment relating to the Agreement, the use of the Funds, or both.
A6.3 Disclosure to Province. The Recipient will:
(a) disclose to the Province, without delay, any situation that a reasonable
person would interpret as an actual, potential, or perceived conflict of
interest; and
(b) comply with any terms and conditions that the Province may prescribe as
a result of the disclosure.
A7.0 REPORTING, ACCOUNTING AND REVIEW
A7.1 Province Includes. For the purposes of sections A7.4 (Records Review), A7.5
(Inspection and Removal) and A7.6 (Cooperation), “Province” includes any
auditor or representative the Province may identify.
A7.2 Preparation and Submission. The Recipient represents and warrants:
(a) That it has submitted to the Province:
(i) all Reports in accordance with the requirements as provided for in the
Guidelines
(b) That it has ensured that all Reports and other reports are:
(i) accurate to the date of this Agreement;
(ii) completed to the satisfaction of the Province; and
(ii) signed by an authorized signing officer of the Recipient.
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(c) That it will provide to the Province any other reports, in accordance with
any timelines and content requirements, that the Province may require
from the Recipient prior to the execution of the Agreement and throughout
the Term of the Agreement.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of
seven years from their creation:
(a) proper and accurate financial accounts and Records, kept in a manner
consistent with generally accepted accounting principles in effect in
Canada or with the public sector accounting standards approved or
recommended by the Public Sector Accounting Board including, without
limitation, its contracts, invoices, statements, receipts, and vouchers and
any other evidence of payment relating to the Funds or otherwise to the
Eligible Expenditures claimed under the Agreement; and
(b) all non-financial records and documents relating to the Funds or
otherwise to the Eligible Expenditures claimed under the Agreement.
A7.4 Records Review. The Province may, at its own expense, upon twenty-four
hours’ Notice to the Recipient and during normal business hours, enter upon
the Recipient’s premises to conduct an audit or investigation of the Recipient
regarding the Recipient’s compliance with the Agreement, including assessing
any of the following:
(a) the truth of any of the Recipient’s representations and warranties; and
(b) the Recipient’s allocation and expenditure of the Funds.
A7.5 Inspection and Removal. For the purposes of any Records Review, the
Province may take one or more of the following actions:
(a) inspect and copy any records and documents referred to in section A7.3
(Record Maintenance); and
(b) remove any copies the Province makes pursuant to section A7.5(a).
A7.6 Cooperation. To assist the Province in respect of its rights provided for in
section A7.5 (Inspection and Removal), the Recipient will cooperate with the
Province by:
(a) ensuring that the Province has access to the records and documents
including, without limitation, paid invoices and original receipts, wherever
they are located;
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(b) assisting the Province in copying records and documents;
(c) providing to the Province, in the form the Province specifies, any
information the Province identifies; and
(d) carrying out any other activities the Province requests.
A7.7 No Control of Records. No provision of the Agreement will be construed so
as to give the Province any control whatsoever over the Recipient’s records.
A7.8 Auditor General. The Province’s rights under Article A7.0 (Reporting,
Accounting and Review) are in addition to any rights provided to the Auditor
General pursuant to section 9.2 of the Auditor General Act (Ontario).
A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledge Support. Unless the Province directs the Recipient to do
otherwise, the Recipient will in each of its Agreement-related publications
whether written, oral or visual:
(a) acknowledge the support of the Province for the Funds provided under the
Agreement;
(b) ensure that any acknowledgement is in a form and manner as the
Province directs; and
(c) indicate that the views expressed in the publication are the views of the
Recipient and do not necessarily reflect those of the Province.
A8.2 Request from the Province in Respect of Communications Activities. The
Recipient will, upon Notice from the Province, provide the Province with any
information the Province may request in respect of any Communications
Activities.
A9.0 INDEMNITY
A9.1 Indemnification. The Recipient will indemnify and hold harmless the
Indemnified Parties from and against any Loss and any Proceeding, unless
solely caused by the negligence or wilful misconduct of the Indemnified Parties.
A10.0 INSURANCE
A10.1 Recipient’s Insurance. The Recipient is responsible for its own insurance and
has been carrying, at its own costs and expense, and requiring the same from its
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subcontractors, all the necessary and appropriate insurance that a prudent
municipality in similar circumstances would maintain in order to protect itself and
the Indemnified Parties and support the Recipient’s indemnification set out in
section A9.1 (Indemnification). For greater certainty, the Recipient is not covered
by the Province of Ontario's insurance program and no protection will be afforded
to the Recipient by the Government of Ontario for any Loss or Proceeding that
may arise out of the Agreement.
A11.0 TERMINATION ON NOTICE
A11.1 Termination on Notice. The Province may terminate the Agreement at any time
without liability, penalty, or costs upon giving at least 30 days’ Notice to the
Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section A11.1 (Termination on Notice), the
Province may take one or more of the following actions:
(a) cancel all further instalments of Funds; and
(b) demand from the Recipient the repayment of any Funds provided to the
Recipient in accordance with this Agreement.
A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT
A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the
Province, the Recipient breaches any representation, warranty, covenant, or
other material term of the Agreement including, without limitation, failing to do
any of the following in accordance with the terms and conditions of the
Agreement:
(a) use or spend any of the Funds or related interest for a purpose other than
that contemplated under the Agreement without the prior written consent
of the Province;
(b) provide, in accordance with Article A7.0 (Reporting, Accounting and
Review), Reports or such other reports as may have been requested
pursuant to paragraph A7.2(b); or
(c) Provide any necessary update to the Province with respect to the accuracy
of the content or information contained and submitted to the Province in
any Report provided in accordance with this Agreement or the Guidelines.
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A12.2 Consequences of Events of Default and Corrective Action. If an Event of
Default occurs, the Province may, at any time, take one or more of the following
actions:
(a) provide the Recipient with an opportunity to remedy the Event of Default;
(b) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient;
(c) demand from the Recipient the payment of an amount equal to any Funds
the Recipient used, but did not use in accordance with the Agreement;
(d) demand from the Recipient the payment of an amount equal to any Funds
the Province provided to the Recipient;
(e) demand from the Recipient the payment of an amount equal to the costs the
Province incurred or incurs to enforce its rights under the Agreement,
including the costs of any Record Review and the costs it incurs to collect
any amounts the Recipient owes to the Province; and
(f) terminate the Agreement at any time, including immediately, without
liability, penalty or costs to the Province upon giving Notice to the
Recipient.
A12.3 Opportunity to Remedy. If, in accordance with paragraph A12.2(a), the
Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a) the particulars of the Event of Default; and
(b) the Notice Period.
A12.4 Recipient not Remedying. If the Province has provided the Recipient with an
opportunity to remedy the Event of Default pursuant to paragraph A12.2(a), and:
(a) the Recipient does not remedy the Event of Default within the Notice
Period;
(b) it becomes apparent to the Province that the Recipient cannot completely
remedy the Event of Default within the Notice Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way
that is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the
actions provided for in paragraph A12.2.
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A12.5 When Termination Effective. Termination under this Article A12.0 (Event of
Default, Corrective Action, and Termination for Default) will take effect as
provided for in the Notice.
A13.0 FUNDS UPON EXPIRY
A13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to
the Province any Funds remaining either in its possession, under its control, or
both.
A14.0 DEBT DUE AND PAYMENT
A14.1 Payment of Overpayment. If at any time the Province provides Funds in
excess of the amount to which the Recipient is entitled under the Agreement, the
Province may:
(a) demand that the Recipient pay an amount equal to the excess Funds to
the Province.
A14.2 Debt Due. If, pursuant to the Agreement:
(a) the Province demands from the Recipient the payment of any Funds or an
amount equal to any Funds; or
(b) the Recipient owes any Funds, SRA Phase 1 Contribution and SRA
Phase 3 Contribution, or an amount equal to any Funds, SRA Phase 1
Contribution, or SRA Phase 3 Contribution to the Province, whether or not
the Province has demanded their payment,
such amounts will be deemed to be a debt due and owing to the Province by the
Recipient, and the Recipient will pay the amounts to the Province immediately,
unless the Province directs otherwise. This paragraph shall be in addition to any
rights provided for under paragraph A4.4 above and shall not be construed by
either Party as a conflict to said paragraph.
A14.3 Interest Rate. The Province may charge the Recipient interest on any money
owing by the Recipient at the then current interest rate charged by the Province
of Ontario on accounts receivable.
A14.4 Payment of Money to Province. The Recipient will pay any money owing to the
Province by cheque payable to the “Ontario Minister of Finance” and delivered to
the Province as provided for in Schedule “B” (Contact Information and Authorized
Representatives).
A14.5 Fails to Pay. Without limiting the application of section 43 of the Financial
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Administration Act (Ontario), if the Recipient fails to pay any amount owing under
the Agreement, His Majesty the King in right of Ontario may deduct any unpaid
amount from any money payable to the Recipient by His Majesty the King in right
of Ontario.
A15.0 NOTICE FOR MATTERS PURSUANT TO THE AGREEMENT.
A15.1 Notice in Writing and Addressed. Any Notice that shall be required to be
provided by one Party to the other Party pursuant to the Agreement will be:
(a) in writing;
(b) delivered by email, postage-prepaid mail, personal delivery or courier; and
(c) addressed to the Province and the Recipient as set out in Schedule “B”
(Contact Information and Authorized Representatives), or as either Party
later designates to the other by Notice.
A15.2 Notice Given. Notice will be deemed to have been given:
(a) in the case of postage-prepaid mail, five Business Days after the Notice is
mailed; and
(b) in the case of email, personal delivery or courier on the date on which the
Notice is delivered.
A15.3 Postal Disruption. Despite paragraph A15.2(a), in the event of a postal
disruption:
(a) Notice by postage-prepaid mail will not be deemed to be given; and
(b) the Party giving Notice will provide Notice by email, personal delivery or
courier.
A16.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A16.1 Consent. When the Province provides its consent pursuant to the Agreement:
(a) it will do so by Notice;
(b) it may attach any terms and conditions to the consent; and
(c) the Recipient may rely on the consent only if the Recipient complies with
any terms and conditions the Province may have attached to the consent.
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Town of Tillsonburg and Ontario SRA PHASE 4 TPA Page 18 of 25
A17.0 SEVERABILITY OF PROVISIONS
A17.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or
enforceability of any other provision of the Agreement.
A18.0 WAIVER
A18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an
obligation under the Agreement or the Guidelines.
A18.2 Waiver Applies. If in response to a request made pursuant to section A18.1
(Waiver Request) a Party consents to a waiver, the waiver will:
(a) be valid only if the Party that consents to the waiver provides the consent
by Notice; and
(b) apply only to the specific obligation referred to in the waiver.
A19.0 INDEPENDENT PARTIES
A19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or
employee of the Province, and the Recipient will not represent itself in any way
that might be taken by a reasonable person to suggest that it is, or take any
actions that could establish or imply such a relationship.
A20.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A20.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights or obligations under the Agreement.
A20.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on:
(a) the Recipient’s successors, and permitted assigns; and
(b) the successors to His Majesty the King in right of Ontario.
A21.0 GOVERNING LAW
A21.1 Governing Law. The Agreement and the rights, obligations and relations of the
Parties will be governed by and construed in accordance with the laws of the
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Province of Ontario and the applicable federal laws of Canada. Any actions or
proceedings arising in connection with the Agreement will be conducted in the
courts of Ontario, which will have exclusive jurisdiction over such proceedings.
A22.0 FURTHER ASSURANCES
A22.1 Agreement into Effect. The Recipient will:
(a) provide such further assurances as the Province may request from time to
time with respect to any matter to which the Agreement or the Guidelines
pertains; and
(b) do or cause to be done all acts or things necessary to implement and carry
into effect the terms and conditions of the Agreement to their full extent.
A23.0 JOINT AND SEVERAL LIABILITY
A23.1 Joint and Several Liability. Where the Recipient is comprised of more than one
entity, all such entities will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
A24.0 RIGHTS AND REMEDIES CUMULATIVE
A24.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in
substitution for, any of its rights and remedies provided by law or in equity.
A25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A25.1 Other Agreements. If the Recipient:
(a) has failed to comply with any term, condition or obligation under any other
agreement with His Majesty the King in right of Ontario or one of His
agencies (a “Failure”);
(b) has been provided with notice of such Failure in accordance with the
requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d) such Failure is continuing,
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the Province may suspend the payment of Funds for such period as the Province
determines appropriate.
A26.0 SURVIVAL
A26.1 Survival. The following Articles, sections and paragraphs, and all applicable
cross-referenced Articles, sections, paragraphs, schedules and sub-schedules,
will continue in full force and effect for a period of seven years from the date of
expiry or termination of the Agreement: Article 1.0 (Entire Agreement), paragraph
3.2(b), Articles 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgment), and A1.0
(Interpretation and Definitions) and any other applicable definitions, paragraph
A2.1(a), sections A4.4 (Deduction of SRA Phase 1 Contribution and SRA Phase
3 Contribution, Rebates, Credits and Refunds), A5.1 (Disposal), A7.1 (Province
Includes), A7.2 (Preparation and Submission) to the extent that the Recipient has
not provided the Reports or other reports as may have been requested to the
satisfaction of the Province, A7.3 (Record Maintenance), A7.4 (Records Review),
A7.5 (Inspection and Removal), A7.6 (Cooperation), A7.7 (No Control of
Records), A7.8 (Auditor General), Articles A8.0 (Communications Requirements)
and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice
by the Province) and A12.1 (Events of Default), paragraphs A12.2,Articles A13.0
(Funds Upon Expiry), A14.0 (Debt Due and Payment), A15.0 (Notice for Matters
Pursuant to the Agreement) and A17.0 (Severability of Provisions), section A20.2
(Agreement Binding), Articles A21.0 (Governing Law), A23.0 (Joint and Several
Liability), and A24.0 (Rights and Remedies Cumulative), and this Article A26.0
(Survival).
A27.0 SPECIAL CONDITIONS
A27.1 Special Conditions. The provision of the Funds by the Province to the Recipient
under the Agreement is conditional upon,
(a) on or before the Effective Date , the Recipient providing the Province with:
(i) a copy of the by-law(s) and, if applicable, any council resolution(s)
authorizing the execution of the Agreement by the Recipient;
(ii) the necessary information, including a void cheque or a blank letter,
to facilitate an electronic transfer to an interest-bearing account in
the name of the Recipient at a Canadian financial institution; and
- END OF GENERAL TERMS AND CONDITIONS -
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SCHEDULE “B”
CONTACT INFORMATION AND AUTHORIZED REPRESENTATIVES
Contact information for the
purposes of Notice to the
Province
Address: Strategic Investments Office
Ministry of Transportation
777 Bay, 30th Floor
Toronto, ON
M7A 2J8
Attention: Kevin Dowling, Manager, Strategic
Investments Office
Phone: (416) 859-7912
Email: kevin.dowling@ontario.ca
Contact information for the
purposes of Notice to the
Recipient
Address: 200 Broadway, Unit 204,
Tillsonburg, Ontario
N4G 5A7
Attention: Jonathon Graham
Phone: 519-688-3009, x4400
Email: jgraham@tillsonburg.ca
Contact information for the
senior financial official in the
Recipient organization (e.g.,
CFO, CAO) – to respond as
required to requests from the
Province in respect of the
Agreement
Address: 200 Broadway, Unit 204,
Tillsonburg, Ontario
N4G 5A7
Attention: Renato Pullia
Phone: 519-688-3009, x4013
Email: treasurer@tillsonburg.ca
Authorized representative of
the Province for the purpose of
section 4.2 (Execution of
Amending Agreements)
Position: Director
Municipal Programs Branch,
Ministry of Transportation
Authorized representative of
the Recipient for the purpose
of section 4.2 (Execution of
Amending Agreements)
Position: Director of Corporate Services /
Clerk
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Town of Tillsonburg and Ontario SRA PHASE 4 TPA Page 22 of 25
SCHEDULE “C”
ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES
C1.0 ELIGIBLE EXPENDITURES
C1.1 Scope of Eligible Expenditures. Eligible Expenditures include, at the
Province’s sole discretion, the following losses and costs incurred during the
Eligibility Period:
Net Revenue Losses
(a) The following revenue losses will be considered Eligible Expenditures,
which shall be calculated by subtracting the difference between the
Operating Budget and actual revenue for the Eligibility Period, minus the
non-COVID 19 related revenue changes during the same period:
(i) farebox revenue losses;
(ii) advertising revenue losses;
(iii) parking revenue losses;
(iv) contract revenue losses; and
(v) any other revenue loss the Recipient incurred as a result of the
COVID-19 pandemic that, in the opinion of the Province, is
considered eligible.
Operating Costs
(b) The following operating costs measured against the Operating Budget (i.e.,
(operating costs amount in the Operating Budget minus the actual operating
costs amount during the Eligibility Period) minus the non-COVID-19
pandemic operating costs amount = the eligible operating costs amount)
that, in the opinion of the Province, the Recipient properly and reasonably
incurred and paid as a result of the COVID-19 pandemic will be considered
Eligible Expenditures:
(i) costs associated with vehicle cleaning;
(ii) costs associated with changes in fuel consumption (e.g., increases
due to running additional buses or savings in consumption relating to
lower service levels than budgeted, or both);
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(iii) costs associated with vehicle maintenance;
(iv) costs associated with transit facilities;
(v) costs resulting from existing contracts with expanded scope/new
contracts;
(vi) employee related costs (i.e., salaries, wages, benefits);
(vii) costs for employee personal protection equipment (e.g., face masks,
gloves, sanitizer);
(viii) costs for signage and other means of communications related to the
COVID-19 pandemic (e.g., social distance guidance); and
(ix) any other operating cost the Recipient incurred as a result of the
COVID-19 pandemic that, in the opinion of the Province, is
considered eligible.
Capital Costs
(c) The following capital costs that, in the opinion of the Province, the Recipient
properly and reasonably incurred and paid as a result of the COVID-19
pandemic, will be considered Eligible Expenditures:
(i) costs associated with installing driver protection barriers and other
protection measures for transit drivers;
(ii) costs associated with providing passenger protection equipment and
other passenger safety measures; and
(iii) any other capital cost the Recipient incurred as a result of the
COVID-19 pandemic that, in the opinion of the Province, is
considered eligible.
Priority Transit Initiatives
(d) The following operating and capital costs incurred and paid that support
priority transit initiatives:
(i) Up to 50% of the total costs for initiatives that support a long-term
vision for regional fare and service integration;
(ii) Up to 50% of the total costs for On-Demand Transit studies and pilot
initiatives; and
Up to 50% of the total costs for expenses to support the transformation of
transit structures/governance between neighbouring municipal
governments, where the Province has been engaged in discussions.
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C2.0 INELIGIBLE EXPENDITURES
C2.1 Scope of Ineligible Expenditures. Unless a cost or a loss is considered an
Eligible Expenditure pursuant to section C1.1 (Scope of Eligible Expenditures),
such cost or loss will be considered an Ineligible Expenditure. Without limitation,
the following costs and loss will be considered Ineligible Expenditures:
(a) costs incurred outside of the Eligibility Period;
(b) costs not paid prior to having been submitted to the Province for payment;
(c) Recipient’s staff, including permanent and seasonal, salaries and travel
costs unless otherwise indicated in paragraph (b)(vi) of section C1.1
(Scope of Eligible Expenditures);
(d) legal, audit, or interest fees;
(e) any operating or capital cost that, in the opinion of the Province, the
Recipient could not have properly and reasonably incurred or paid, or
both, during the Eligibility Period and as a result of the COVID-19
pandemic (i.e., excess purchases or stockpiling);
(f) any loss that, in the opinion of the Province, the Recipient could not have
properly and reasonably incurred during the Eligibility Period and as a
result of the COVID-19 pandemic;
(g) refundable Harmonized Sales Tax or other refundable expenses; and
(h) any other cost which is not specifically listed as an Eligible Expenditure
under section C1.1 (Scope of Eligible Expenditure) and which, in the
opinion of the Province, is considered ineligible.
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SCHEDULE “D”
PAYMENT PROCEDURES
D1.0 PAYMENT PROCEDURES
D1.1 Submission of Claim for Payment and Required Documentation. In order to
receive payment, the Recipient will have submitted all Reports, including, without
limitation, its claim for payment, together with the supporting documentation set
out in the Guidelines in accordance with the timelines required therein, or at a
later date if, the Province consents to a later date in it’s sole and absolute
discretion.
D1.2 Claim Payments. Subject to the terms and conditions set out in the Agreement
and the Guidelines and if due and owing under the Agreement, the Province will
use its reasonable efforts to make the payment to the Recipient for the claim
submitted pursuant to section D1.1 (Submission of Claim for Payment and
Required Documentation) within 90 business days from the date the claim is
approved and accepted by the Province.
D1.3 No Interest. The Province will under no circumstances be liable for interest for
failure to make a payment within the time limit provided for in section D1.2 (Claim
Payments).
D1.4 No Obligation to Pay. For greater clarity and without limitation to any other right
of the Province, the Province will have no obligation to pay a claim if it does not
meet the terms and conditions of the Agreement including, without limitation, or if
the claim is missing any of the required supporting documentation, Reports or
such documentation and Reports are not in accordance with the Guidelines or
the Agreement, or both.
D1.5. Lump Sum Payment. In accordance with the foregoing, all payment of the
Funds to be provided by the Province to the Recipient pursuant to the Agreement
shall be made in a single lump sum payment, as calculated in accordance with
the terms in the Agreement and the Guidelines, up to the Maximum Funds.
Page 134 of 139
Page 1 of 3
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-
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.
WHEREAS it is deemed necessary and expedient to amend By-Law 2022-029;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That Schedule 1 to By-Law 2022-029 “No Stopping” be amended as follows:
Delete:
HIGHWAY SIDE FROM TO TIME OR DAY
Tillson Ave West 9 meters North of
Elgin St.
Oxford St Anytime
Broadway St East 143 meters North of
Ridout St E
158 meters North
of Ridout St E
Anytime
Frances St North 42 meters West of Kara
Lane
181 meters West
of Kara Lane
Sept. 1- June 30
Mon-Fri 8am-
9am
3pm-4pm
2. That Schedule 1 to By-Law 2022-029 “No Stopping” be amended as follows:
Add:
HIGHWAY SIDE FROM TO TIME OR DAY
Tillson Ave West 26 meters North of
Elgin St.
Oxford St Anytime
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 meters South of
Frances St
Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
Peach St Both
Sides
Kara Lane 15 meters North of
Kara Lane
Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
Broadway
St
East 143 meters North of
Ridout St E
173 meters North
of Ridout St E
Anytime
Frances St North 175 meters West of
Kara Lane
181 meters West
of Kara Lane
Anytime
Frances St North 82 meters West of
Kara Lane
162 meters West
of Kara Lane
Sept. 1- June 30
Mon-Fri 8am-9am
3pm-4pm
3. That 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
Page 135 of 139
By-Law 2023-
Page 2 of 3
4. That Schedule 2 of By-Law 2022-029 “Prohibited Parking on Specified Street”
be amended as follows:
Add:
HIGHWAY SIDE FROM TO TIME OR DAY
Venison Street
West
South Rolph St Racoon Alley No Parking Anytime
5. That Schedule 19 to By-Law 2022-029 “Accessible Parking Spaces” be
amended as follows:
Add:
HIGHWAY SIDE LOCATION
Brock St East North Second space at 10 Brock St E
6. That Schedule 15 of By-Law 2022-029 “School Bus Loading Zones” be amended as
follows:
Delete:
HIGHWAY SIDE PLACE TIME OR DAY
Frances St. North St. Joseph School Sept. 1- June 30
Mon-Fri 8am-
9am
3pm-4pm
7. That Section 11 (2) of By-Law 2022-029 be amended as follows:
Delete:
Section 11 (2) No parking Electric Vehicles Parking Space (Figure 19)
8. That Section 11 (2) of By-Law 2022-029 be amended as follows:
Add:
Section 11 (2) No parking Electric Vehicles Parking Space (Figure 19) (Schedule 25)
9. That by-law 2022-029 be amended as follows:
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
10. That Figure 19: “Official Sign Electric Vehicle” be amended as follows:
Delete:
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By-Law 2023-
Page 3 of 3
11. That Figure 19: “Official Sign Electric Vehicle” be amended as follows:
Add:
12. That Schedule 4 to By-Law 2022-029 “No Parking in Loading Zone” be amended as
follows:
Delete:
Add:
13. That these amendments to By-Law 2022-029 are hereby declared to be part of that
By-Law as if written therein.
14. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 13th day of MARCH, 2023.
READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of MARCH, 2023.
___________________________
MAYOR – Deb Gilvesy
_____________________________
CLERK – Tanya Daniels
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 137 of 139
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-
A BY-LAW to amend By-Law 2021-058 being a by-law to govern the operations of
the Tillsonburg Cemetery under the jurisdiction of the Town of Tillsonburg.
WHEREAS it is deemed necessary and expedient to amend By-Law 2021-058;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That By-Law 2021-058 Section 2 Subsection 2.2 (b) be amended as follows:
(b) Cemetery Office hours are 9:00 a.m. to 3:00 p.m. Monday to Friday, by
appointment only.
2. That By-Law 2021-058 Section 2 Subsection 2.2 Interments/Inurnments Outside
of Normal Hours of Operation be amended to add the following:
Genealogy requests will be by appointment only be tween hours of 2:00 p.m. to
3:00 p.m. Monday to Friday. There is a fee for genealogy search, per Town of
Tillsonburg Rates and Fees.
3. That these amendments to By-Law 2021-058 are hereby declared to be part of
that by-law as if written therein.
4. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 13th day of MARCH, 2023.
READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of MARCH, 2023.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 138 of 139
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-028
A By-Law to confirm the proceedings of Council at its meeting held on March 13,
2023.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town
of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting
held on March 13, 2023, with respect to every report, motion, by-law, or other action
passed and taken by the Council, including the exercise of natural person powers,
are hereby adopted, ratified and confirmed as if all such proceedings were expressly
embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. That this By-Law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 13TH DAY OF MARCH, 2023.
READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF MARCH, 2023.
_______________________________
MAYOR – Deb Gilvesy
_______________________________
CLERK – Tanya Daniels
Page 139 of 139