Loading...
100111 Council MINl/ MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private > CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session, to consider matters regarding: • the security of the property of the municipality or local board; MG Page 1 (' MINUTES: Meeting for the Committee "Open Council" • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and • and for the purpose of educating or training the members RE: Preliminary 2010 Tax Implications to the Median Residential Tax Payer. "Carried11 > DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None > MINUTES & BUSINESS ARISING OUT OF THE MINUTES ~December 14, 2009 No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meetings of December 14, 2009 be adopted. "Carried" > ADOPTION OF AGENDA No. 3 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of January 11, 2010 be adopted. "Carried" > PRESENTATIONS > PUBLIC MEETINGS 1. Application for Zone Change -153 Quarter Town Line (Barkman\ Presented By: Jason Juhasz, Planner, County of Oxford 7·09·4 report package.pdf Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council to review the subject application and County Report as attached. Mr. David Roe, agenda for the Applicant, appeared before Council in support of the application. Page2 (~ MINUTES: Meeting for the Committee "Open Council" > DELEGATIONS None > Opportunity was given for questions and comments. In response to a question from Councillor Stephenson, Mr. Roe advised that the intent of the application is to take the residential unit and covert it into a place of worship. No one will reside there, and the property will be used Sundays and Wednesday evenings. He noted that the group is a bible-based Christian group. In response to a question from Mayor Molnar, the Director of Operations confirmed that construction of full services is expected by the end of 2010. Mayor Molnar also requested confirmation that, when full services are available, this property will connect to them. Mr. Roe confirmed this would be the case, and the applicant has agreed to pay in advance for that service. Following discussion, the following resolution was passed. Resolution >No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillson burg approve the zoning by-law amendment for an application submitted by Tillsonburg Meeting Room Trust, on behalf of the owner Wesley & Yvonne Barkman, whereby lands consisting of Lot 36, Plan 714 in the Town of Tillson burg are to be rezoned from Low Density Residential-Type 1 Zone (R1) to Special Low Density Residential - Type 1 Zone (R1-Special) with Holding (H) provision to allow for the addition of a place of worship as a permitted use within the existing dwelling, as recommended in County of Oxford Report 2009-309. "Carried" QUARTERLY REPORTS > CHIEF ADMINISTRATIVE OFFICER 2. Report EDO 01-10 -Lease of Agricultural Facilities to B&B Graydon Enterprises Ltd. Presented By: Development Commissioner ~ Report EDD 01 ·10 ·Lease of Ag Lands lo B&B Graydon Enterprises Lld[Jan 11,10).doc Resolution >No. 5 Moved by Councillor Stephenson Seconded by Councillor RosehartAND RESOLVED THAT the Mayor and Clerk be authorized to execute a lease agreement with B & B Graydon Enterprises Ltd. as per the Page 3 (~) MINUTES: Meeting for the Committee "Open Council" terms and conditions contained within Report EDO 01-10, for the following property: • 2901 Highway 3 -Excess lands located on the south side of Highway 3, being Part Lot 2, Con 5 N.T.R. Middleton, Town of Tillsonburg, containing a grain dryer, five steel storage bins, accessory buildings and yard, including approximately 1 acre of cropland. "Carried" 3. Report EDO 02-1 O -Community Adjustment Fund Grant Applications -GAF intake 2 i) Report EDO 02-10 from the Development Commissioner ... ii) §1 Report EDD 02-10 -Community Adjustment Fund Submission[Jan11.1 OJ.doc Resolution >No. 6 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Report EDO 02-10 be received; AND FURTHER THAT the following project be submitted as one of the Town of Tillson burg's applications for the second round of funding through the Community Adjustment Fund: i) Highway 3 Business Park. "Carried" Report 02010-01 from the Director of Operations ... ~ Proposed CAF -Intake 2 Grant Application January 6 201 O.doc Resolution >No. 7 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Staff Report 02010-01 from the Director of Operations dated January 6, 2010 be received; AND FURTHER THAT the Town of Tillson burg affirm that Baldwin Street, Rolph Street to Holland Gate -Trail/ Road project be designated for the 2010 Community Adjustment Fund -Intake 2 Grant Application. "Carried" NOTE: A subsequent resolution authorizing the CAO to dialogue with Ministry officials regarding applications was passed under 'RESOLUTIONS' (below). > OPERATIONS 4. Operations Services Report 02009-30-South Bidwell Road Closure G:ll Presented By: Director of Operations Page4 (". MINUTES: Meeting for the Committee "Open Council" Resolution >No. 8 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Operations Services Staff Report 02009-30 from the Director of Operations dated December 14th, 2009 be received; AND FURTHER THAT Council approve the closure of South Bidwell Street from John Pound Road to 95m west of John Pound Road to vehicular traffic. "Carried11 NOTE: A By-Law to be brought forward January 25th for first and second reading. Mayor Molnar noted that opportunity will be provided to discuss Report 02009-30 between now and then, and for individuals to express their interest to appear as a Delegation at the January 25th Council Meeting. Town staff were asked to contact Ms. E. Mitchell. 5. Operations Services Report 02009-31-Fleet Vehicle Pool Report [i:lJ > Resolution >No. 9 Moved by Councillor Lewis Presented By: Director of Operations Seconded by Councillor Beres AND RESOLVED THAT Operations Services Report 02009-31 from the Fleet Manager, dated December 18, 2009, be received; AND FURTHER THAT Phase 1 and Phase 2 of this report be implemented, with a follow-up report as to the findings of Phase 1 and Phase 2 , being provided and approved before the implementation of Phase 3 and Phase 4. 11Carried" COMMUNITY SERVICES > CORPORATE SERVICES 6. Report C2010-004 -Parking on Glendale Presented By: Director of Corporate Services ~ ~ C 2010-004 Glendale Parking.doc Response lo Proposed Glendale Parking Changes.pd! ~ ~ By·law 3400 Restrict Parking on Glendale.doc Glendale parking.pdf Page5 c MINUTES: Meeting for the Committee "Open Council" > FINANCE Resolution >No. 10 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Council receive report C 2010-004; AND FURTHER THAT a parking zone be created from Broadway westerly to Allen Street, the south intersection on Glendale Drive, posted until January 2011. "Carried" STAFF DIRECTION: Direction was given for signs to be installed on Glendale Drive, from Broadway to Poplar, as per the existing by-law. 7. Executive Summary to By-Law 3399 to Amend the Personnel Policy l!;lJ Resolution >No. 11 Moved by Councillor Lamb Presented By: Director of Finance Seconded by Deputy Mayor Renaud AND RESOLVED THAT By-Law 3399 be brought forward for Council consideration. "Carried" > INFORMATION ITEMS 8. Ministry of Finance RE: Ontario Municipal Partnership Fund (OMPFl Allocations for 2010 Ministry of Finance.pdf > NOTICE OF MOTION > RESOLUTIONS 9. Delegation Requests -OGRA/ROMA Conference OGRA Delegation Requests.pdf Resolutlon >No. 12 Page6 (' ( L; MINUTES: Meeting for the Committee "Open Council" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT recommendations for Delegation Requests at the 2010 OGRA/ROMA Conference be forwarded to the CAO's office, by January 25, 2010. "Carried" As noted under Agenda Item 3, above, the following resolution was passed. > BY-LAWS Resolution >No. 13 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT subject to direction of Council on January 11, 2010, that authority be given to the CAO to dialogue with Ministry officials to further identify priority of recommended applications. "Carried" 10. By-Law 3399-Town ofTillsonburg Personnel Policy l;:)J (2 readings) > 11. By-Law 3401 -To amend Zoning By-Law 3295. as amended (Barkman) (2 readings) > ~ 7·09·4 report package.pdf Resolutions > Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3399 to amend the Town of Tillsonburg Personnel Policy; and By-Law 3401 to amend Zoning By-Law 3295, as amended (Barkman) be read a first and second time and be referred to Committee of the Whole for further consideration and this constitutes the first and second reading thereof. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By-Law Numbers 3399 and 3401. "Carried" ITEMS OF PUBLIC INTEREST > Page 7 (' (\ MINUTES: Meeting for the Committee "Open Council" CLOSED MEETING SESSION CONTINUED No.4 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session. "Carried" Council moved into Closed Session at 9:20 p.m. > ADJOURNMENT Council moved back into Open Session and adjourned at 10:15 p.m. > Town of Tillson burg Approval Received: (1 of 1) Lana LundfTillsonburg (Thursday January 21, 2010 10:16 AM) Michael GravesfTillsonburg (Friday January 22, 2010 10:25 AM) Pages (' MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private > CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session. "Carried" Page 1 l...J MINUTES: Meeting for the Committee "Open Council" > DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF > MINUTES & BUSINESS ARISING OUT OF THE MINUTES l\JINovember 23, 2009 ~November 26, 2009 (Special Council Meeting) No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meetings of November 23 and 26, 2009 be adopted. "Carried" > ADOPTION OF AGENDA No. 3 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of December 14, 2009 be adopted. "Carried" > PRESENTATIONS > PUBLIC MEETINGS > DELEGATIONS > QUARTERLY REPORTS > CHIEF ADMINISTRATIVE OFFICER > OPERATIONS 1. Operations Services Reoort 02009-29 Outstanding Building Permits Report Ci! Presented By: Director of Operations Page2 MINUTES: Meeting for the Committee "Open Council" Resolution > No.4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Report 02009-29 from the Chief Building Official, dated December 2, 2009, be received. "Carried" COMMUNITY SERVICES 2. Olympic Torchrun -Update for Community li:ll The Director of Community Services provided information regarding the Olympic Torch Run. > 3. Surveillance Cameras -Request for Pre-Budget Approval l;!J Resolution >No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT acquisition of a surveillance system, monitoring entrances and parking lots at the Tillsonburg Community Centre, be forwarded to the 2010 Budget deliberations. "Carried" 4. MOU -Cadman Park ~ Resolution >No. 6 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Council endorse the MOU- between the Town of Tillsonburg and LPRCA for the care and maintenance of Cadman Park. "Carried" CORPORA TE SERVICES 5. McKenzie Street Parking By-Law !;;lJ Resolution >No. 7 Moved by Councillor Beres Presented By: Michael Graves Seconded by Councillor Lewis AND RESOLVED THAT By-Law 3397 be brought forward for Council consideration. · Page3 () MINUTES: Meeting for the Committee "Open Council" "Carried" 6. Town of Tillsonburg Accessibility By-Law QI Resolution >No. 8 Moved by Councillor Lewis Presented By: Michael Graves Seconded by Councillor Beres AND RESOLVED THAT By-Law 3395 be brought forward for Council consideration. "Carried" 7. Election Report gi FINANCE Resolution >No. 9 Moved by Councillor Lewis Presented By: Michael Graves Seconded by Councillor Beres AND RESOLVED THAT Report C2009-033 be received as information. "Carried" > 8. Fl 2009-036 Signing Authorities ~ Resolution >No. 10 Moved by Councillor Lamb Presented By: Director of Finance Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Council of the Town of Tillsonburg hereby appoints the following as designated signing authorities for the Town of Tillsonburg's general banking needs: • Mayor Stephen Molnar or Deputy Mayor Mark Renaud and one of the following: • Chief Administrative Officer, Kelley Coulter; or • Director of FinancefTreasurer, Darrell Eddington; or • Deputy Treasurer, Kenneth Patterson. 11Carried11 lJ 9. Fl 2009-039 Group Benefits Carrier QI Presented By: Director of Finance Page4 ( •, . / MINUTES: Meeting for the Committee "Open Council" Resolution >No. 11 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT the report from the Director of Finance dated November 26, 2009 be received; AND FURTHER THAT the Director of Finance be authorized to contract with Great-West Life as the Town's Group Health Benefits, effective February 1, 2010. 11Carried11 10. Fl 2009-035 Projected Year End Reserves lid! Presented By: Director of Finance Resolution >No. 12 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Report Fl 2009-035 from the Director of Finance dated December 8, 2009, regarding the projected Year End Reserve balances, be received; AND FURTHER THAT the reserve allocations for 2009 be approved as identified in the attached spreadsheet. 11Carried11 11. Executive Summary to By-Law 3398. Contribution Agreement for Rine Presented By: Director of Corporate Services Executive Summary to By-law 3398Agreement with Her Majesty the Queen for RlnC.doc Resolution >No. 13 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3398 be brought forward for Council consideration. "Carried" INFORMATION ITEMS 12. Citizenship and Immigration Canada RE: Paul Yuzyk Award for Multiculturalism l;JJ Consensus was that this item be forwarded to the Special Awards Committee for review. > Page 5 (' MINUTES: Meeting for the Committee "Open Council" NOTICE OF MOTION > RESOLUTIONS 13. Kin Canada RE: Kin Magazine -Message-of-Support ~ Resolution >No. 14 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the correspondence from Kin Canada, dated November 16, 2009, be received and referred to the Director of Finance, for consideration during 2010 Business Plan and Budget discussions. "Carried" 14. The Naval Officers' Association of Canada RE: Canadian Navv Centennial Essay Contest and Educational Resource [;;JJ Resolution >No. 15 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the correspondence from The Naval Officers' Association, dated November 8, 2009, be received and referred to the Director of Finance, for consideration during 2010 Business Plan and Budget discussions. "Carried" 15. Ontario Federation of School Athletic Associations RE: 50th Wrestling Championships Tillsonburg i;;Jj BY-LAWS Resolution >No. 16 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the correspondence from the Ontario Federation of School Athletic Associations, dated November 16, 2009, be received and referred to the Director of Finance, for consideration during 2010 Business Plan and Budget discussions. "Carried" 16. By-Law 3392 -2010 Borrowing By-Law [;;l)(three readings) > Page6 (\. \ i ( I ~ MINUTES: Meeting for the Committee "Open Council" 17. By-Law 3393 -Confirmation By-law (three readings) By·law 3393 ·Confirmation By-law -2009.doc > 18. By-Law 3394 -To Appoint CAO Qli(three readings) > 19. By-Law 3395-To Create a Town ofTillsonbura Accessibility Policy (three readings) By-law 3395 Town of TillsanburgAccessibility Policy.doc Town of Tillsonburg Accessibility Policy.doc > 20. By-Law 3397 -To Amend Traffic By-Law 2997 (three readings) 3397 No Parking McKenzie Street.doc > 21. By-Law 3398 Agreement with the Queen -RlnC [i;ll(three readings) > Resolutions > Moved by Councillor Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3392 to authorize the 2010 Borrowing By-Law; By-Law 3393 to confirm Actions and Proceedings of Council; By-Law 3394 to appoint the CAO; By-Law 3395 to create a Town of Tillson burg Accessibility Policy; By-Law 3397 to amend Traffic By-Law 2997; and By-Law 3398 to authorize an Agreement for RlnC be read a first and second time and be referred to Committee of the Whole for further consideration and this constitutes the first and second reading thereof. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By-Law Numbers 3392, 3393, 3394, 3395, 3397 and 3398. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By-Law Numbers 3392, 3393, 3394, 3395, 3397 and 3398, as passed in Committee without amendment. Page 7 ( MINUTES: Meeting for the Committee "Open Council" "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3392 to authorize the 2010 Borrowing By-Law be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3393 to confirm Actions and Proceedings of Council be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3394 to appoint the CAO be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3395 to Create a Town of Tillson burg Accessibility Policy be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3397 to Amend Traffic By-Law 2997 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3398 to authorize an Agreement for RlnC be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST > CLOSED MEETING SESSION CONTINUED No. 17 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Council move into Executive -Closed Session. "Carried" Council moved into Executive -Closed Session, and back into Open Session to adjourn. > ADJOURNMENT Pages ( MINUTES: Meeting for the Committee "Open Council" Council adjourned at 9:00 p.m. > Approval Received: (1 of 1) Lana LundfTillsonburg (Monday December 14, 2009 09:02 PM) Town of Tillsonburg Page 9 r-:~··JOrdCount -r~~owing stfonger..'Yrogether ( \ I / Community and Strategic Planning PO Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.counfv.oxford.on.ca OUR FILE: ZON 7-09-4 APPLICATION FOR ZONE CHANGE To: The Mayor and Members of the Town of Tillsonburg Council REPORT No.: 2009-309 MEETING DATE: January 11, 2010 OWNER: Wesley & Yvonne Barkman 153 Quarter Town Line Tillsonburg ON N4G 4G8 LOCATION: APPLICANT: Tillsonburg Meeting Room Trust c/o Ben Graham RR#3 Tillsonburg ON N4G 4G8 AGENT: David Roe Civic Planning Solutions 599 Larch Street Delhi ON N4B 3A7 The subject lands are described as Lot 36, Plan 714, municipally known as 153 Quarter Town Line in the Town of Tillsonburg. The lands are located on the west side of Quarter Town Line, between the Grandview Drive road allowance and Esseltine Drive. COUNTY OF OXFORD OFFICIAL PLAN: Schedule "T-1" Schedule "T-2" Town of Tillsonburg Land Use Plan Town ofTillsonburg Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW No. 3295: Residential Low Density Residential Existing Zoning: Low Density Residential-Type 1 Zone (R1) Requested Zoning: Special Low Density Residential-Type 1 Zone (R1-Special) ZON 7-09-4 APPLICATION REVIEW: (a) Proposal Page2 Report No. 2009-309 An application for Zone Change has been received by the Town of Tillson burg to rezone the subject lands from 'Low Density Residential -Type 1 Zone (R1)' to 'Special Low Density Residential -Type 1 Zone (R1-Special)' to permit a place of worship to be located within the existing single detached dwelling. The subject lands eonsist of an existing single detached dwelling which is serviced by municipal water and a private septic system and consists of approximately 0.13 ha (0.32 acres). Building permit records indicate that the existing single detached dwelling has an approximate total floor area of 98.6 m2 (1,061.3 ft2) and was constructed in 1963. Surrounding uses include existing and proposed low density residential uses to the north, south and east. The lands located immediately to the west are currently in crop production, but are zoned Minor Institutional (IN1) and are owned by the Thames Valley District School Board. The lands located to the immediate north are owned by the Town of Tillsonburg for the purposes of a road allowance (Grandview Drive), which has not yet been constructed. Plate 1, Location Map with Existing Zoning & Aerial Photography is a map of the area which indicates the location of the subject property as well as the existing zoning in the immediate vicinity. Plate 2, Location Map with Aerial Photography (2006) shows the extent of development on the subject lands and the adjacent lots. Land uses within the surrounding area are predominately single detached dwellings. Plate 3, Applicant's Site Sketch shows the existing single detached dwelling and proposed parking layout. (b) Provincial Policy Statement Municipal decisions affecting planning matters are required to be consistent with the 2005 Provincial Policy Statement. Planning Staff have therefore reviewed the proposed application in regard to those policies. Policy 1.1.3.1 states that settlement areas will be the focus of growth and their vitality and regeneration shall be promoted. The 2005 Provincial Policy Statement states that land use patterns within settlement areas shall be based on densities and a mix of land uses, which efficiently use land and resources. Land uses within settlement areas must also efficiently use infrastructure and public service facilities which are planned for or available while avoiding the need for their unjustified and/or uneconomical expansion. Policy 1.1.3.3 also states that Planning Authorities shall identify and promote (__) opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, and the availability of suitable existing or planned infrastructure to accommodate projected needs. Plate 2 -Location Map with Aerial Photography (2006) Wesley & Yvonne Barkman, 153 Quarter Town Line (Lot 36, Plan 714) File No.: ZON 7-09-4, Town of Tillsonburg LEGEND Tillsonburg Orthoimagery /~Municipal Limits TILLSONBURG g ©'"~"°' LAND RELATED INFORMATION SYSTEM COUNTY OF OXFORD CREATED ON; JO·OCT-2009 Plate 1 -Location Map with Existing Zoning & Aerial Photography (2006) Wesley & Yvonne Barkman, 153 Quarter Town Line (Lot 36, Plan 714) File No.: ZON 7-09-4, Town of Tillsonburg c 0 LEGEND Tillsonburg Orthoimagery Zoning • EP1 Zoning Overlay fll EP2 Zoning Overlay / Zoning Line /~Municipal Limits ®""-'""' LAND RELATED INFORMATION SYSTEM COUNTY OF ' FORD CREATED Oflo. _JCT-2009 GEDGRAPHJC T0'1'/NSHJP OF .DEREHAM LO] 1NST. NO. 282796 _ PIN 0<:'025 -005Q Future School Site 94.0' grass - ~- Q) • LOT 36 RE:GJ.STl="RF"D grass PLAN () ' -1 .· ·\t0.91 I -ff. t" 1 Existing Septic Tile Bed INST_ NO-:259724 - P.LN. 90025 -0046 grass I STOREY DWELLING I BRICK SIDINGI grass l-IOUSEO No_ 153 30_3. W/DEN!NG PER REGJSrEREP PLAN Jl'_r; 7 I 4 Quarterline Road z .,. .,, • _,,_ "' _,,_ 0 "' Proposed Chnrch -153 Quarterline ~d- Plate 3 -Applicant's Site Sketch Wesley & Yvonne Barkman, 153 Quarter Town L'lne (lot 36, Plan 714) File No.: ZON 7-09-4, Town ofTillsonburg IH-~ NO_ House ZON 7-09-4 Page4 Report No. 2009-309 • such uses will generally be clustered in association with other community- oriented land uses, such as open spaces, pedestrian linkages, or leisure facilities in order to provide a focal point for the area or will be located such that they serve as intervening land uses between residential and non-residential development; • the presence or provision of pathways or sidewalks which facilitate pedestrian access to these uses; • those uses with the potential to generate significant amounts of traffic and parking, originating from points external to the affected residential area, are located on either major collector or arterial roadways to minimize the disturbance that is created on local streets; • demonstration that screening, buffering, physical separation or other design measures can be utilized to reduce any adverse effects generated by the use on adjacent residential uses. Such effects may include noise, lighting, fumes, parking and outdoor storage; • it can be demonstrated that such uses complement adjacent residential uses, provide a needed service to the area, and are better located in the Residential n Area designation than in other areas as designated in the Plan. Q Further to the above, in order to provide for the sensitive integration or expansion of religious facilities within Residential Areas, Town Council: • will limit the size of the church complex to approximately 650 square metres (7000 square feet) of gross floor area in the Residential Areas designation. Proposals for churches larger than this size shall be considered a major religious institution under the Community Facilities designation and subject to the policies of Section 8.5.2; • will ensure that buildings are sufficiently set back from adjacent residential uses to minimize potential adverse effects associated with the bulk, scale or layout of the buildings; • will require fencing and/or landscape buffering to reduce adverse effects of activity areas and visual intrusion on adjacent land uses; • may require the paving of parking areas and driveways to prevent the raising of dust; • will require on-site stormwater management; and • will ensure that light spill-over or glare from any source including signs onto U adjacent residential uses will be mitigated by such means as directed lighting. (~) ZON 7-09-4 Page5 Report No. 2009-309 Where a church is operated in conjunction with other types of minor institutional uses, either on the same property or on abutting properties, Town Council may establish reduced or altered parking standards and may consider flexible parking arrangements such as shared parking. This proposed development of a place of worship will be subject to Site Plan Control in order to address parking, grading and drainage, servicing, etc. Planning staff are of the opinion that the proposed place of worship would comply with the Low Density Residential and Minor Institutional Uses policies in the County Official Plan. (d) Zoning Bv-Law The subject property is zoned Low Density Residential -Type 1 (R1) in the Town of Tillsonburg Zoning By-Law No. 3295. The R1 zone allows for a single detached dwellings, public uses, home occupations and group homes. The lot and the existing single detached dwelling appear to comply with the provisions of the R 1 zone. A place of worship is not a permitted use within the standard R1 zone. The applicant has requested the addition of a place of worship to the list of permitted uses on the property. (e) Agency Review The application for zone change was circulated to a number of public agencies for their review. The Town Manager of Engineering has commented that: • The applicant submit a site grading and servicing plan prepared by a Consulting Engineer to ensure site grading and servicing can be accommodated. • The adequacy of the existing septic bed to accommodate the proposed zone change and increased usage must be verified and confirmed with the Oxford County Board of Health. • An extension of the proposed future storm sewer on Quarter Town Line may be required to service the parking lot expansion. All costs for an extension of the storm sewer shall be covered by the applicant. • Tillsonburg Hydro Inc. should be contacted regarding any service upgrades that L; may be required. • On street parking shall not be permitted due to the narrow travelled width of Quarter Town Line. All parking requirements due to site plan or zoning conditions shall be accommodated within the limits of the site. ZON 7-09-4 Page6 Report No. 2009-309 Further, in regard to the installation of municipal wastewater services, the Town Manager of Engineering commented that: "The Town intends to construct a sanitary sewer on Quarter Town Line from Concession Street to Esseltine Drive in 2010. However the property mentioned in the above will not have an outlet until it has been determined when and how construction will take place to extend the sanitary sewer system from Denrich Avenue, along Dereham Drive to Quarter Town Line." The Town Chief Building Official reviewed this application and stated that the applicant should be aware that the Ontario Building Code requires a "change of use" permit as well as professional design of the new use. All construction will be required in accordance with the design to bring the building into compliance with the minimum requirements of the code. The County of Oxford Public Works Department reviewed the proposal and stated that the lot to be rezoned must be connected to the municipal wastewater system to the satisfaction of the Town of Tillsonburg upon the service being available. The County of Oxford Public Health and Emergency Services reviewed the proposal stated: "Currently as indicated in this application, the private residence at 153 Quarter Town Line is serviced by a private septic system. Prior to operation of a church in this structure, this agency requires that, the existing private septic system will undergo a performance level review to ensure compliance with the Ontario Building Code. Upgrades to ensure safe disposal of sewage wastes, and compliance with the Ontario Building Code, may be required as indicated by the performance level review prior to the operation of the church. In regards to this zone change, this agency has no direct objections." The remaining responding agencies, consisting of the Town CAO/Clerk, Town Director of Corporate Services, Town Director of Operations, Town Director of Community Services, Town Fire Chief, OPP, Chamber of Commerce, and BIA did not respond to the agency circulation. (f) Public Circulation Public notification of application for zone change was circulated to surrounding property owners on December 22, 2009. As of the writing of this planning report, no comment has been received from the public. n u ZON 7-09-4 (g) Planning Review Page7 Report No. 2009-309 An application for Zone Change has been received by the Town of Tillsonburg to rezone the subject lands from 'Low Density Residential -Type 1 Zone (R1)' to 'Special Low Density Residential -Type 1 Zone (R1-Special)' to permit a place of worship to be located within the existing single detached dwelling. It is the opinion of this Office that the proposed rezoning would be in keeping with the policies of the 2005 Provincial Policy Statement in regards to redevelopment of the existing building stock and, based on comments from the Town Engineering Department, has the ability to be serviced by municipal wastewater services within the coming year. The application is in keeping with the Low Density Residential and Minor Institutional Uses policies of the Official Plan as the gross floor area of the proposed development is less than 650 m2. The existing building also maintains an adequate existing setback from the adjacent property to the south. The lands to the north contain an unopened road allowance and the lands to the west and east are currently vacant. No adverse impacts are anticipated with respect to land use conflict between the proposed use and the surrounding vacant lands. The proposed use will also provide adequate parking and driveways. The existing building is located on an arterial road and will not cause a major disturbance to local streets. Matters relating to screening, buffering, lighting and landscaping will be dealt with during the Site Plan Control process in order to reduce any adverse effects generated by the use on adjacent residential uses. Based on a sketch provided by the applicant, the existing driveway is proposed to be expanded to accommodate 5 parking spaces. A provision will be included in the amending by-law which will limit the parking provided on the property to 5 parking spaces. The Town Engineering Department has advised that on street parking is not permitted on Quarter Town Line. Further, to ensure the size of the place of worship does not become out of character in the existing neighbouring, Planning staff have sought to limit the place of worship to the existing ground floor area of the existing building which is 98.6 m2 (1,061.3 ft'). The property and dwelling appear to meet provisions of the Low Density Residential -Type 1 (R1) Zone. The County of Oxford Public Health and Emergency Services Department has provided comment that the existing septic system will have to be tested in order to ensure that it can handle any additional septic flows. The septic system is required to conform to the requirements of the Ontario Building Code prior to the building being used as a place of worship. The County of Oxford Public Works Department has provided comment that the existing septic system is to be decommissioned, and the building connected to municipal services when they become available. The Town Manager of Engineering has requested a grading and drainage plan be submitted in order to ensure that the expansion of the existing driveway does not create any adverse impacts relating to ZON 7-09-4 Page8 Report No. 2009-309 stormwater drainage. The Town Chief Building Official has also stated a change of use permit is required prior to occupancy of the building for a place of worship. In order to address all of the above, Planning staff and the applicant's planning consultant have agreed to address all of the above noted concerns by means of a Holding provision. The Holding provision would not be lifted off of the property until: • The County of Oxford Public Health and Emergency Services Department has provided written correspondence to the Planning Department that the private septic system meets the requirements of the Ontario Building Code, .QI the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department, • The applicant provide sufficient securities to be held be the Town to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available, • The Town Chief Building Official provide written confirmation to the Planning Department that the building complies with the Ontario Building Code and that an occupancy permit can be granted. • The applicant submit a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. Upon confirmation of all of the above matters being addressed, the applicant may seek to have the Holding provision removed from the property. An occupancy permit shall not be available until the Holding provision is lifted from the property. As mentioned above, the property will be subject to Site Plan Control in order to ensure orderly development, and land use compatibility with surrounding uses. Planning staff have prepared an amending by-law to allow for a place of worship or a single detached dwelling as a permitted use on the subject property. By keeping a single detached dwelling as a permitted use on the property it will assist the property to easily revert back to single detached residential purposes in the event that the place of worship ceases to exist. However, the uses will not be permitted to occur simultaneously. Planning staff note that the proposed place of worship is to be located within the existing single detached dwelling. As the place of worship is proposed as an adaptive n (~) reuse of existing building, the proposed use should not create an adverse impact on U adjacent properties in terms of parking or vehicular traffic. To date, no objections have been received from agency circulation or the public. ( \ \ __ / ZON 7-09-4 Page3 Report No. 2009-309 Planning Staff are of the opinion that the application is consistent with the 2005 Provincial Policy Statement. (c) Official Plan The subject property is located within the 'Low Density Residential' designation on the Residential Density Plan for the Town of Tillsonburg in the County Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street- fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The Official Plan also permits minor institutional uses in low density residential areas, including elementary and secondary schools, churches, day care facilities, small retirement homes with less than 20 beds, public service uses such as police, ambulance and fire stations, and similar smaller-scale institutional facilities. With the exception of schools, the Official Plan does not include a land use designation category for minor institutional uses. Rather, minor institutional uses are permitted as ancillary uses within the Residential Area designations. Town Council may limit the range of minor institutional uses permitted within a particular designation through the Zoning By-law. Minor institutional uses in the Residential Areas designation will be subject to a specific Institutional zoning category and new minor institutional uses will be evaluated on a site specific basis in accordance with the criteria of Section 8.2.3.3, Neighbourhood Serving Uses in Residential Areas. Section 8.2.3.3 Neighbourhood Serving Uses in Residential Areas states that Town Council will support the provision of services and amenities that enhance the quality of the residential environment within lands designated as Residential Area on Schedule T- 1 by permitting neighbourhood serving uses to be established. Neighbourhood serving uses include land uses such as schools, churches, libraries, parks, community centres, day care facilities, convenience shopping facilities and community support services which primarily serve a local residential neighbourhood by providing everyday goods and services or fulfilling cultural and social needs. The following factors will be used to evaluate the acceptability of development proposals for neighbourhood serving uses: • demonstration that such uses will contribute in a positive way to providing a sense of community by facilitating interaction among residents, by increasing the personal security of residents and by supplying everyday needs; ZON 7-09-4 Page 9 Report No. 2009-309 In summary, it is the opinion of this Office that the application for zone change conforms to the policies of the 2005 Provincial Policy Statement and the County of Oxford Official Plan, and is appropriate for the development of the subject lands and therefore can be supported. A copy of the recommended amending by-law has been attached for Council's consideration. RECOMMENDATION: It is recommended that the Council of the Town of Tillsonburg approve the attached zoning by-law amendment for an application submitted by Tillsonburg Meeting Room Trust, on behalf of the owner Wesley & Yvonne Barkman, whereby lands consisting of Lot 36, Plan 714 in the Town of Tillsonburg are to be rezoned from Low Density Residential -Type 1 Zone (R1) to Special Low Density Residential-Type 1 Zone (R1- Special) with Holding (H) provision to allow for the addition of a place of worship as a permitted use within the existing dwelling. AUTHORED BY: "Jason Juhasz" Jason Juhasz, BA Development Planner /jj January 5, 2010 File No. 7-09-4 APPROVED BY: "Gordon K. Hough" Gordon K. Hough, MCIP, RPP Senior Development Planner (: u I~ \ ' ' \, ___ / ZON 7-09-4 TOWN OF TILLSONBURG BY-LAW NUMBER __ _ EXPLANATORY NOTE The purpose of By-Law Number is to rezone property consisting of Lot 36, Plan 714, municipally known as 153 Quarter Town Line, in the Town of Tillsonburg, from Low Density Residential-Type 1 (R1) to Special Low Density Residential-Type 1 (R1-11(H)), with Holding provision. The amendment would allow for a place of worship to be permitted within the existing dwelling. The site specific zoning will continue to permit a single detached dwelling to be listed as a permitted use in the event that the property ceases to be used as a place of worship. The uses shall not be permitted simultaneously. The Holding provision shall only be lifted when, • The County of Oxford Public Health and Emergency Services Department has provided written correspondence to the Town of Tillson burg that the private septic system meets the requirements of the Ontario Building Code, or the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department, • The applicant provides sufficient securities to the satisfaction of the Town of Tillsonburg to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available, • The Town Chief Building Official provides written confirmation to the Planning Department that the building complies with the Ontario Building Code and that an occupancy permit can be granted. • The applicant submits a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. After all of the above have been completed, the Holding provision may be lifted from the property, and an occupancy permit may be available to be issued by the Town Chief L,' Building Official. The subject lands are owned by Wesley and Yvonne Barkman. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number __ _ The public hearing was held on January 11th, 2010. Any person wishing further information relative to Zoning By-Law Number may contact the undersigned: File: Report No: Roll No's: ZON 7-09-4 (Barkman) 2009-309 3204-050-050-12300 Mr. Michael Graves Director of Corporate Services/Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 (: w z ::0 ~~~-~-->---I ~ GRANDVIEW ESSEL TINE DRIVE w ~ ~ -< ~ 0 KEY MAP ~~--~-~ ~ JANE STREET '.>' Ll -< w ~ ~ t---t-----l ':i s ~ lJ-LANDS TO WHICH BYLAW ____ APPLIES ~·"'OrdCounty r~ing slJ'Onger. .. together Produced By The Departmento/Corporme Servire< lnfarmationSYJlem• ax/009 METRES 80 80 16 0 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER ___ _ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1-11 (H)' the zone symbols of the lands so designated 'R 1-11 (H)' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby amended by adding the following subsection at the end thereof. "6.5.11 LOCATION: Quarter Town Line (Lot 36. Plan 714). R1-11 6.5.11.1 Notwithstanding any provisions of the By-law to the contrary, no person shall within any R1-11 Zone use any lot, or erect, alter or use any building or structure for any purpose except in accordance with the following: a place of worship; or a single detached dwelling. 6.5.11.2 Notwithstanding any provision of this By-Law to the contrary, no person shall within any R1-11 Zone use any lot, or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: 6.5.11.2.1 GROUND FLOOR AREA Maximum-198.6 m2 (1,061.3 ff) 6.5.11.2.2 PARKING SPACES In accordance with Section 5.20 to a maximum of 5 parking spaces 6.5.11.2.3 HOLDING PROVISION Where the symbol "H" appears on the zoning map following the zone symbol R1-11, those lands shall not be used for institutional purposes (i.e. a place of worship) unless this By-law has been amended to remove the relevant "H" symbol. n 0 u ( \ The Corporation of the Town of Tillsonburg By-law Number 6.5.11.2.4 Prior to the removal of the "H" symbol to allow the use of the lands as a place of worship, the owner shall address the following matters to the satisfaction of the Town of Tillsonburg: • The County of Oxford Public Health and Emergency Services Department shall provide written correspondence to the Town of Tillsonburg that the private septic system meets the requirements of the Ontario Building Code, or the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department; • The applicant shall provide sufficient securities (to be determined by the Town Engineering Department) to be held by the Town to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available; • The Town Chief Building Official shall provide written confirmation to the County Planner that the building complies with the Ontario Building Code and that an occupancy permit can be granted; and • The applicant shall submit a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. 6.5.11.5 That all of the provisions of the R 1 Zone in Section 12.2 of By-law Number 3295, as amended, shall apply; and further, that all other provisions of By-law Number 3295, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." The Corporation of the Town of Tillsonburg By-law Number 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this_ day of ________ , 2010. READ a third time and finally passed this_ day of _______ , 2010. Mayor Clerk n 0 u SCHEDULE ••A•• TO BY-LAW No. LOT 36, PLAN 714 TOWN OF TILLSONBURG I GRANDVIEW DRIVE N78-43-40E 54.56 ~ \) • \ 'J • a '\ a ~a ~a ~Ul '~ '\ ~· NO N~ lN _l N z () z \, N78-43-40E 54.56 ' ' "' ' ' ' z "' 0 f- METRES " TH IS IS SCHEDULE "A" TO BY-LAW No. ______ ,PASSED C::J AREA OF ZONE CHANGE TO R1-11 (H) u NOTE: ALL DIMENSIONS IN METRES ~·4ardCount>: ~~~owing stronger. .. together Prod"ced By The Oepmrmenr ofCorporare Services lnformatianS)'Jtems lii'l010 THE ____ DAY OF _______ , 2010 MAYOR C.A.0. n u I\ _____________ T_h_e_c_o ... rp_o_ra_t_io_n_o_f _th_e_T_o_w_n_o_f _Ti_ll_so_n_b_u .... rg REPORT EDO 01-10 DATE: January 11, 2010 TO: David Morris, Chief Administrative Officer FROM: Cephas Panschow, Development EXTENSION: Ext. 3250 Commissioner SUBJECT: LEASE OF AGRICULTURAL FACILITIES TO B & B GRAYDON ENTERPRISES LTD RECOMMENDATION I. That the Mayor and Clerk be authorized to execute a lease agreement with B & B Graydon Enterprises Ltd as per the terms and conditions contained within this report and for the following property: a. 2901 Highway 3 -Excess lands located on the south side of Highway 3, being Part Lot 2, Con 5 N.T.R. Middleton, Town ofTillsonburg, containing a grain dryer, five steel storage bins, __ accessory buildings and yard, including approximately I acre of cropland; ( ) PURPOSE & BACKGROUND 2. The purpose of this report is to seek Council approval to enter into a lease agreement with B & B Graydon Enterprises Ltd for excess lands owned by the Corporation of the Town of Tillsonburg. The lease of these lands will enable the Town ofTillsonburg to generate additional revenue. 3. The agreement contemplates the lease of approximately two acres of land that are proposed to be incorporated into the Highway 3 Business Park. This property was purchased from Brian Graydon in January 2009 and formerly contained a residence along with facilities for grain processing. The residence has subsequently been removed from the property; however, the grain dryer and related facilities are still in place. 4. B & B Graydon Enterprises Ltd is owned by Brian Graydon and he has been leasing the Highway 3 Industrial Park and the Clearview Drive lands for some years from the Town. Subsequent to the Town's purchase of the property, Mr. Graydon indicated that he would like to lease the grain dryer operations back from the Town and a lease agreement was entered into early in 2009. Mr. Graydon has again expressed an interest in leasing these facilities for an additional year in order to enable him to store some grain in the bins as well as to reuse the grain dryer in the fall. 5. Staff have only negotiated a lease agreement for the grain dryer operations at this time as it is their intention to go to public tender for the farming of these lands. It is the Town's practice to tender these lands regularly in order to ensure that the Town is receiving fair compensation for the use of its land. 6. The grain dryer operation is antiquated and requires special attention to use and would likely not attract any leasing interest on the market with the exception of the current user. Hence, staff are not including it in the tender. 1 DISCUSSION 7. The lease agreement contains the following terms and conditions: a. Lease period from January 1, 2010 to December 31, 2010; b. 50% payment prior to cultivation and 50% payment after harvest but prior to December 31, 2010; c. The price negotiated in 2009 was $6,350.00. Staff have increased this price to reflect inflation in the past year as per the Consumer Price Index and the 2010 price has been negotiated as $6,477.00. d. The Lessee shall be responsible for the costs to maintain utilities for the grain dryer operation, including gas and hydro during the term of the lease, but not including those associated with the residence and the maintenance of the yard, grain dryer, and steel storage bins and related equipment. e. Both parties shall agree as to the crop to be grown on the said lands prior to planting; f. The Lessor shall have the right to sell, or lease for purposes other than agriculture, any part of parts of the subject lands and given immediate possession thereof, subject to the condition that if the Lessor sells, or leases for purposes other than agriculture, and requires possession of any of the subject lands on which an agriculture crop is growing, the Lessee shall be compensated for any and all expenses incidental to growing such corn or bean crop on lands sold or leased for the current crop year and the acreage leased pursuant to paragraph 1 hereof, shall be adjusted to take n into account such share or lease throughout the balance of the term of the Lease; (_" ) g. The Lessee will not assign or sublet without leave and not to carry on upon the said premises any business other than that of growing of corn or beans and the use of the grain dryer and grain storage bins; h. The Lessee shall provide to the Lessor proof of liability insurance in an amount not less than $2,000,000, to protect both the Lessor and the Lessee with the Town of Tillsonburg named as an additional insured; 1. Both Parties agree that this lease agreement may be terminated, in whole or in part, by either party in their sole and absolute discretion upon thirty (30) days notice. In the case where the Lessor terminates the lease, the provisions of Paragraph 6 (f) above relating to compensation shall be in effect. In the case where the Lessee terminates the lease, he/she shall be responsible to pay a pro-rated payment to the date of termination for the lands leased. 8. The lease agreement also contains a number of other standard clauses that have not been included here for the sake of brevity. However, the lease has been reviewed internally and staff are satisfied that the Corporation's interests are protected as this Lease Agreement is a revised version of one previously used. 9. With respect Paragraph 6 ( e) above, staff have usually indicated a preference for soy beans as they are harvested earlier and cost less to plant, which reduces the Town's exposure should the lands be sold and the crops compensated. 10. With respect to Paragraph 6 (f) above, staff reserve the right to sell any part of the lands at any time with U immediate possession subject to compensating the Lessee for costs incurred to date and revising the lease to reflect the new acreages. 2 (' 11. With respect to Paragraph 6 (i) above, the Lease Agreement can be terminated by either party upon 30 days notice subject to the Lessor being responsible for compensation if they terminate the lease and the Lessee being responsible for a pro-rated payment. 12. Staff are recommending that the Town enter into this agreement as it provides additional revenue for the Corporation while maintaining the flexibility needed to meet the needs of potential investors. Staff will continue with the design of the new industrial park and this agreement will not affect the ability to sell land should the requirement arise. 13. The $6,477.00 in revenue will be allocated to the Economic Development budget with an offsetting cost for taxes. DIRECTOR OF FINANCE COMMENTS 14. The Director of Finance has no market information to support the proposed lease rate. ALTERNATIVES 15. There is one alternative to the recommended motion. Council could choose not to enter into this Lease Agreement. Staff do not recommend this course of action as this agreement provides for additional revenue for the Corporation while maintaining the flexibility needed should a land sale be negotiated. PREPARED BY: Cephas Panschow APPROVED BY: Kelley Coulter, CAO 3 n APPENDIX A-SUBJECT PROPERTY (SITE 6-2) u 4 ('~ _____________ T_h_e_c_o .... rp_o_ra_t_io_n_o_f _th_e_T_o_w_n_o_f _Ti_lls_o_n_b_u.-rg REPORT EDO 02-10 DATE: January 11, 2010 TO: Kelley Coulter, Chief Administrative Officer FROM: Cephas Panschow, Development EXTENSION: Ext. 3250 Commissioner SUBJECT: COMMUNITY ADJUSTMENT FUND SUBMISSION RECOMMENDATION RE SOL VE That report EDO 02-10 be received; and, That the following project be submitted as one of the Town ofTillsonburg's applications for the second round of funding through the Community Adjustment Fund: ( \ a. Highway 3 Business Park . . ·· / PURPOSE & BACKGROUND I. The purpose of this report is to seek Council approval for a submission to the Community Adjustment Fund (CAF) in advance of the January 18, 2010 deadline. This report is being submitted by the Economic Development Department and a second report relating to other infrastructure is being submitted by the Operations Department. 2. The Govermnent of Canada's Community Adjustment Fund is a two-year $!-billion economic stimulus measure announced as part of Canada's Economic Action Plan. The purpose of this new initiative is to act quickly to help minimize the impacts of the global economic downturn. It will also assist communities, particularly those with a reliance on resource-based industries and the manufacturing sector, to adjust and restructure their economy. 3. In Ontario, the Community Adjustment Fund (CAF) will provide $348.9 million over two years to support adjustment measures in communities affected by the global economic downturn. In 20 I 0/11, this funding for Ontario will total up to $127.8 million for projects in communities with a population of less than 250,000 and that have experienced either an increase in Employment Insurance beneficiaries equal to or greater than 20 per cent over a one-year period or have experienced major layoffs resulting in significant job losses with a lack of alternate employment opportunities. 4. Council approved the submission of the following four projects to the first round of CAF: a. Airport Development Project -Includes runway extension, resurfacing of main runway and new terminal building; b. Tillsonburg Manufacturer's Association -Water Conservation Initiative; and, I b. Highway 3 Business Park. c. Baldwin Street Reconstruction Of these, the Airport Development project was approved for funding in the amount of$2.l Million. 5. Revised project requirements for the second round are as follows: a. Projects must be completed by March 31, 2011; b. A business plan or business case must be submitted in support of the application; c. Online submission of applications 6. Examples of eligible projects include: a. Expansion of SME production capacity, production technology, access to markets, and other SME projects that improve a business's competitiveness; b. Support of SME development by not-for-profit organizations; c. Support/enhancement/development of business incubators; d. Construction/expansion/improvement of technology and innovation centres; e. Technology commercialization projects by universities, colleges, polytechnic institutes and post- secondary teaching institutions; f. Improvement/expansion/construction of transportation infrastructure where a clear case for business development can be made; g. Improvements to community-owned tourism facilities (conference centres, exhibition halls); and h. Revitalization and development of downtown core and waterfront areas. DISCUSSION 7. Staff have reviewed the revised program criteria and project examples provided and it appears that the remaining projects previously submitted are still eligible. Staff are providing a rationale for the eligibility below. a. Highway 3 Business Park -Appears to be consistent with Example 6 (t) above (transportation infrastructure) b. Tillsonburg Manufacturer's Association -Water Conservation Initiative -Appears to be consistent with Example 6 (a) above (SME production capacity); and, c. Baldwin St Reconstruction -Appears to be consistent with Example 6 (t) above (transportation infrastructure) 8. At this point staff are recommending that the Economic Development Department submit an application for the Highway 3 Business park only. As private sector companies are able to make an application to the 2 u program, staff believe that the individual finns should make an application for their own Water Conservation initiatives. The Operations Department is preparing the application for the Baldwin St Reconstruction project. 9. It is interesting to note that Example 6 (g) provides opportunity for funding to improve exhibit halls and from this it appears that improvements to the Tillsonburg Special Events Centre (TSEC) could be eligible. However, staff have no proposed works for the TSEC at this time so are not including it in the recommendation. 10. Instead, staff are proposing a submission to cover the costs of servicing the new business park (installation of services and the extension of Clearview Dr) and a Cluster Strategy as outlined in the recently approved Economic Development Strategy. The Purpose of the Cluster Strategy is to identify local strengths that could assist in attracting investment in emerging growth sectors such as alternative energy and green investments. The total cost of this initiative is approximately $1,500,000 with the municipality's share proposed as 10% or $150,000. 11. It should be noted that a key requirement is for projects to be incremental in nature. They defme incremental as " ... enabling work to start sooner, broadens the scope of the project, or allows the completion of a project that otherwise would not be completed. In this regard, each application submitted by the Town will have to demonstrate how it meets this criteria. DIRECTOR OF FINANCE COMMENTS 12. It appears that CAF allows for multiple projects, which has been confirmed through contact with Industry Canada. However, CAF requires detailed support be provided relating to cost estimates, job creation and C ) the corresponding salaries and wages. This appears to be a key requirement of the program. ( ~/ ALTERNATIVES 13. There are two alternatives to the recommended motion. a. Council could choose to replace one of these projects with an alternative project. Staff do not recommend this course of action as they have identified these initiatives as demonstrating the best fit to the program. b. Council could choose to add an additional project to the list. There are no limits on the number of applications that can be submitted; however, all submissions will be reviewed closely for maximum impact and readiness. PREPARED BY: Cephas Panschow APPROVED BY: Kelley Coulter, CAO 3 0 u The Corporation of the Town of Tillson burg REPORT DATE: January 6, 2010 TO: Kelley Coulter, C.A.O. FROM: S.T.Lund, Director of Operations SUBJECT: Proposed CAF Intake 2-Grant Application REPORT NO 02010-01 RECOMMENDATION "THAT the Staff Report 02010-0l from the Director of Operations dated .January 6, 2010 be received" and FURTHER THAT "the Town of Tillsonburg affirm that Baldwin Street, Rolph .( .. J Street to Holland Gate -Trail/ Road project be designated for the 2010 Community Adjustment Fund -Intake 2 Grant Application. PURPOSE To approve the project(s) for the Town ofTillsonburg 2010 Community Adjustment Fund-Grant Application. IDS TORY Applications are now being received for projects under the Community Adjustment Fund program by FedDev Ontario. Communities may use this funding to improve their existing infrastructure assets. Deadline for applications is January 18th, 2010. The program is expected to announce its funding decisions by March 31, 2010. Approximately $127.8 million grant dollars are dedicated for this program (funded 90% by Federal, Provincial sources and 10% Municipal sources). The municipality must designate project(s) and apply for grant funding which will be awarded based on construction ready municipal infrastructure projects. Projects must be completed by March 3 lst, 2011. Projects include improvement/expansion/construction of transportation infrastructure. DISCUSSION The five year capital road budget lists Baldwin Street, Rolph Street to Holland Gate for reconstruction including the trail culvert and oil mitigation environmental situation. The proposed project detail is as follows: \___,; • Baldwin Street -From Rolph Street to Holland Gate is $ 3, 100,000. This project includes locating and capping of the oil well under Baldwin Street, road reconstruction of existing roadway to an urban standard CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Local\Temp\notes418AADIProposed CAF -Intake 2 Grant Application January 6 2010.doc The Corporation of the Town of Tillsonbu{1 (10.0 m wide pavement) including sidewalk on both sides, removal and reinstatement of existing utilities (including storm and sanitary sewers, watermain, hydro, bell, cable TV), concrete trail culvert installation under Baldwin Street including approaches to link up the existing trail system and the construction of a new maintenance shed, Engineering is included. The project will allow for the oil leak under the roadway embankment to be found, plugged while excavating the existing road embankment, existing services and allow restoration of the roadway and services. The value added portion of this project will allow for the construction of Pedestrian culvert link through the roadway embankment to provide a direct connection to the existing trail networks to the north and the south. In addition, a maintenance shed is proposed for Parks to provide a local storage area for maintenance equipment and tools. This will allow staff to respond quicker to maintenance issues and provide for a satellite shop/storage area geared to provide a good standard of trail maintenance. Due to the very tight timeline (completed by March 31, 2011), the magnitude of this project it will be necessary to obtain outside Engineering services assistance to ensure successful completion of this project prior to December 2010 which is the practical completion date for asphalt placement. The project will require oil mitigation, road reconstruction and building development including design of the project, obtaining necessary approvals, tendering, administration and inspection which all remains to be done. The current workload for 2010 includes Lisgar Ave and Fourth Street reconstruction and Quarter Town Line Road from Concession Street to Esseltine Drive, which the Town has received government funding for from CAF and BCF, along with work funded though the Gas Tax. The above project was identified in the 2008 and 2009 asset management plans as priority by staff to be confirmed by council. DIRECTOR OF FINANCE COMMENTS No further comments. PREPARED BY: S.T.Lund, P.Eng. Director of Operations APPROVED BY: CORPORATE OFFICE Kelley Coulter, C.A.O. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Local\Temp\notes418AAD\proposed CAF -Intake 2 Grant Application January 6 2010.doc u The Corporation of the Town of Tillsonburg Report DATE: December 14, 2009 TO: K.Coulter, C.A.O. FROM: S.T.Lund, Director of Operations SUBJECT: South Bidwell Street Road Closure REPORT NO 02009-30 RECOMMENDATIONS "THAT Operations Services Staff Report 02009-30 from the Director of Operations dated December 14th, 2009 be received." C\ And further that "council approve the closure of South Bidwell Street from .John j Pound Road to 95m west of .John Pound Road to vehicular traffic." PURPOSE To provide update on the road closure update of South Bidwell Street from John Pound Road to 95m west of John Pound Road. IDS TORY Council at their meeting ofMay25th, 2009 passed the following resolution Resolution No. 5 Moved by Councillor Lewis Seconded by Deputy Mayor Renaud AND RESOLVED THAT the proposed resolution containing recommendations regarding Staff Report 02009-12 be separated. "Carried" >No. 6 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Operations Services Staff Report 02009-12 from the Director of Operations dated May 11th, 2009 be received; "Carried" No. 7 Moved by Councillor Stephenson CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A 7, Telephone # (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfu!lam\AppData\Local\Temp\notes418AAD\South Bidwell Road Closure Report 14 Dec 2009.doc The Corporation of the Town of Tillsonbur0 DISCUSSION Seconded by Councillor RosehartAND RESOLVED THAT Council be directed to start the closure process for South Bidwell Street from John Pound Road to 95m west of John Pound Road. "Carried" It was noted that comment would be sought from the County of Oxford. Notices were placed in the local newspaper, residents and businesses for comment. Only one comment was received from a local resident and was not in favour of the road closure. County of Oxford Public Works was circulated and had no issue with this closure. The previous report dated May I Ith, 2009 (attached) from the Director of Operations was reviewed by council and addressed safety concerns and satisfying the need for a pedestrian/trail link to the downtown as requested by the Chamber of Commerce. Due to the above considerations it would be prudent to close this section of roadway to vehicular traffic and remain open as a pedestrian/ trail link. PREPARED BY: S.T.Lund, P.Eng. Director of Operations APPROVED BY: CORPORATE OFFICE K. Coulter C.A.O. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\n:fullam\AppData\Local\Temp\notes418AAD\South Bidwell Road Closure Report 14 Dec 2009.doc Q u () DATE: TO: FROM: SUBJECT: The Corporation of the Town of Tillsonburg Report May 1 lth, 2009 D.C.Morris, C.A.O. S.T.Lund, Director of Operations Mill Pond Estates Retaining Wall Update and Bidwell Street Road Closure Status REPORT NO 02009-12 RECOMMENDATIONS "THAT Operations Services Staff Report 02009-12 from the Director of Operations dated May 11th, 2009 be received." ~, And further that "council approve the closure of South Bidwell Street from .John () Pound Road to 95m west of .John Pound Road." PURPOSE To provide update on the stabilization of the Mill Pond Estates Shoring Wall Stabilization and road closure update of South Bidwell Street. IDSTORY Council awarded the tender for the backfilling of the retaining wall in the fall of 2008. The project involved filling and compacting material from the South end residential transfer station that was closed last August, 2008. DISCUSSION Late in November 2008 the filling of the slope was suspended due to the town provided wet clay material becoming unworkable. Engineering and the contractor agreed to re-initiate the work in spring. We have been in contact with the contractor who advise they will be recommence filling of the slope in early July 2009 since they are busy on another projects and this will allow the material the town was supplying to dry up satisfactorily for placement as recommended by geotechnical engineer. While the original tender didn't include nor anticipate significant costs associated with the removal of the concrete wall in the proposed building envelopes of the two new lots we have received an estimate from Sierra Construction at a cost of approximately $25,000. We will seek other estimates and hope to have better costing (__,; once we proceed to tax sale of this property. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Locel\Temp\notes418AAD\Mill Pond Estates Retaining Wall Update Report May 11 2009.doc The Corporation of the Town of Tillsonburr In addition, it has become apparent a possible spring exists around the elevator shaft in the concrete foundation area. A certified well driller inspected this site last year placed some bentonite grouting around the shaft. It has since begun to leak again very slowly. This situation will be re-evaluated by end of May 2009. South Bidwell Street Road Closure Status The town has received a request from the Chamber of Commerce to provide a trail link to the BIA area which best suited along south Bidwell due to accessibility and safety concerns. The other two options would be John Pound Road which has no sidewalk and has visibility/safety concerns or a combination walkway/stairway aligned slightly west of what would be the extension of Van Street which will create accessibility issues. On this basis, it is recommended to keep south Bidwell permanently closed to vehicular traffic and act as a pedestrian walkway. Public work has received a $6,000 estimate to construct guiderail down this section of hill in order protect our sidewalk tractor fleet which will be carried out this year through roads maintenance budget. PREPARED BY: S.T.Lund, P.Eng. Director of Operations APPROVED BY: CORPORATE OFFICE D.C.Morris, A.M.C.T. C.A.O. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Local\Temp\notes418AAD\Mill Pond Estates Retaining Wall Update Report May 11 2009.doc u The Corporation of the Town of Tillsonburg Report DATE: December 18, 2009 TO: S.T. Lund, Director of Operations FROM: Dave Davis, Fleet Manager SUBJECT: Fleet Vehicle Pool REPORT NO: 02009-31 RECOMMENDATIONS "THAT Operations Services report 02009-31 from the Fleet Manager, dated December 18, 2009 be received" and further that; "Phase 1 and Phase 2 of this report be conducted and implemented with a follow-up report as to the findings of Phase 1 and Phase 2 be reported on and approved before the implementation of Phase 3 and Phase 4." PURPOSE The purpose of this report is to provide council with a report on the consolidation of Town vehicles into a vehicle pool. HISTORY At their meeting on October 26/09, Council approved the following motion to have staff prepare a report on the consolidation of Town vehicles into a "vehicle pool" with a protocol to be established regarding signing in and out such vehicles and a policy to record usage statistics and further than an analysis be done as to potential cost-savings if such a "vehicle pool" policy were implemented. DISCUSSION Currently, there is no written policy on vehicle usage or distribution. The fleet of 20 light duty vehicles is distributed to six divisions of Water, Hydro, Fire, Parks, Roads and Operations (Operations consisting of Engineering, Bylaw and Building departments). CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on .. ca The Corporation of the Town of Tillson bur(! Medium Duty (1 Ton), Heavy duty and Off-road units are specialty and purpose- built and are not recommended for pooling and as such are not included in this report. In the commercial sector, inter-department cooperation in logistics has proven to be a successful strategy to improve operation efficiency in time and costs. For our consideration, this strategy is still at an infancy stage, however, it can be expected that inter-department cooperation would also bring cost savings and efficiencies providing all user departments buy into the idea and willingly participate. Current practice is the Managers of Water, Hydro, Fire, Parks, Roads and Operations divisions are responsible for assignment and usage of the vehicles within their department. Vehicles are used exclusively within each department but are on occasion shared between departments when need and availability arises and are subject to the approval of each individual department manager. Vehicle usage is tracked via equipment timesheets (equipment chargeback) and entered into the main financial budget accounts in Great Plains. Several departments including Engineering, Water Department and Airport have ,_) made numerous requests to the Fleet Department for day use and short term use of additional vehicles which have been denied due to lack of available vehicles. The current situation with Unit #38 (Fire Chief's vehicle) will exacerbate this as we look to fulfill that requirement. A survey of current fleet vehicle users indicated that there are no spare or unused vehicles available to pool and if we were to implement a pool reservation system, then the reservation calendar would be pre- booked for the entire year with the exception of Parks #24 which could be made available off season from December to February. Shared Vehicle Pool Concept In the scenario of a Shared Vehicle Pool, instead of each department having assigned vehicles, vehicles are grouped into one big pool and managed centrally by the Fleet Services Department. With a Shared Vehicle Pool opportunities will exist for better fleet utilization, increased vehicle lifecycle management, accountability and benchmarking. Moreover, better insight in actual fleet data will support management decisions and vehicle replacement planning i.e.; departments having low usage demands will have the lifecycle of those vehicles extended until replacement becomes warranted. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on .. ca u n The Corporation of the Town of Tillsonburg The Shared Vehicle Pool project is a new initiative and is a large scale project requiring dedicated staffing to develop the strategy and procedures and to implement and operate the pool. The day to day operation of the vehicle pool will need to be coordinated by the Fleet Assistant and is estimated at this time to be approximately 1 hour a day to administer. Preliminary responsibilities will include requests and reservation of vehicles, vehicle availability, recording of vehicle usage and subsequent fleet rental (chargeback) charges to users and entering these charges directly to Great Plains. To visualize the scale of this project, Figure 1 shows a four phase model containing several steps to go through. Phase 1 Phase 2 Phase 3 Phase 4 Exploration Development Implementation Evaluation -Council directive -Needs assessment -Small scale trials -Monitoring -Feasibility study -Cost sharing method -Learn -User feedback -User input -Vehicle reservation -Improve -Cost savings policy -Staffing -Vehicle usage -Large scale trial requirements reports -\OMPLETE (_; Figure l 4 Phases of Shared Vehicle Pool Initiative Phase 1 will explore the Council directive and the feasibility and requirements to implement a Shared Vehicle Pool. End user concerns and questions will be documented and addressed on a form that will be submitted to Fleet Services. Staffing requirements for implementation and operation of the program will be determined. With a positive result of Phase 1, Phase 2 will then proceed. With the exception of the end user input, Phase 1 Exploration has been completed for this report. Phase 2 will contain the development of the Shared Vehicle Pool contents. Various user need assessments will be conducted to determine current and future fleet vehicle levels and to develop the most optimal design to gain the highest benefits in efficiency and effectiveness improvements. Policies and procedures will need to be drafted and approved for vehicle usage and record keeping. A vehicle reservation, sign out and sign in policy and procedure will also need to be created. Other processes that will need to be developed will be a cost sharing methodology so that fuel, repairs and expenses can be charged back to the appropriate end users. Phase 3 will be the implementation stage where a small scale trial will be initialized and growing pains will be worked out and improvements made before full scale implementation. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone # (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on .. ca The Corporation of the Town of Tillsonbur0 Phase 4 will be evaluation, feedback and cost savings analysis. The Phase 3 small scale trial could be conducted using the two surplus pickup trucks that are coming out of service when the new hybrid pickups arrive and unit #24 (for winter use). Using these 2 surplus units will allow us to test run the reservation, sign out and sign in system and to work out any problems in the system without disrupting the day to day operations of the user departments. A dra~ Fleet Pooling Policy and Questionnaire is attached your information. PREPARED BY: Dave Davis, Fleet Manager APPROVED BY: K. Coulter, CAO APPROVED BY: S.T. Lund, Director of Operation CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on .. ca u n I Process: I Policy: I Scope: I Objective: I Purpose: (-) I Procedure: Vehicle Assignment lj The Corporation of the Town of Tillson burg Town of Tillsonburg Fleet Services Town ofTillsonburg Light Duty Fleet Vehicle Pool Policy Corporate Wide The objective of this policy is to ens are used in ways that provides the be operations and provided only when business. The purpose of this policy is to establ" c assignment, distribution, maintenance, and fle the Town pool vehicles. ply with vehicle use guidelines and will sign a · e Fleet Manager will annually review use on mileage analysis, and recommend fleet as app " riate. The Fleet Assistant will ensure ·th these policies and effective utilization. es will be assigned as pool vehicles by the Fleet Manager pproval of the Director of Operations. pool of available vehicles will vary seasonally Tillsonburg Operations Services Fleet Services 20 Spruce St., Tillsonburg, ON N4G 4Y5 Tel: (519) 688-3009 Ext. 5303 Fax: (519) 842-8775 The Corporation of the Town of Tillsonbur(l Vehicle Reservation Process 1) Any units that are available in the "Vehicle Pool" may be reserved on a daily basis. A reservation request must be submitted to the Fleet Assistant. When approved, it will be scheduled through Lotus Notes. A confirmation email will be sent to the appropriate department when a vehicle has been successfully rese 2) When picking up a reserved vehi complete their daily vehicle chec Assistant. This checklist records Mileage, and any problems found. 3) 4) Tillsonburg Operations Services Fleet Services 20 Spruce St., Tillsonburg, ON N4G 4Y5 Tel: (519) 688-3009 Ext. 5303 Fax: (519) 842-8775 d must be returned OPM. tank of gas, as clean as y faults, damage or noticeable u The Corporation of the Town of Tillsonburg Vehicle Pool -Phase 2 Questionnaire User Needs Assessment 1) What is the current number of light duty vehicles in your department? 2) What do you feel is the number oflight duty vehicles required for your department? ___ _ 3) Are all of your light duty vehicles currently being utilized 100% of the time? _____ _ If no, what percentage are they being used? _________________ _ (\ 4) If additional vehicles were added to your department would these vehicles be utilized 100% of the time? ' " ----------------------------- 5) Would any of these additional vehicles be available to other departments if they were to be pooled? ------------------------------ 6) Would it be possible for your department to give at least 24 hours notice when requiring the use of a pooled vehicle? ------------------------- 7) Would it be possible for your department to have all pooled vehicles returned to the Fleet Services Yard by 4:00 PM on the day it was reserved? _____________ _ 8) Would it be convenient for you to contact the Fleet Assistant by email to reserve a pooled vehicle? ------------------------------ l_) DEPARTMENT: __________ MANAGER: __________ _ Town of Tillson burg -Fleet Services 20 Spruce St., Tillsonburg, Ontario, N4G 4Y5, Telephone# (519) 688-3009 Ext 5303, Fax# (519) 842-8775 n C' u REPORT DATE: January 5, 2010 TO: Kelley Coulter, CAO FROM: Michael Graves, Director of Corporate Services/Clerk SUBJECT: PARKING ON GLENDALE c 2010-004 PURPOSE The purpose of this report is to provide Council with an update as to the status of parking along Glendale Drive. IDS TORY ( ') Construction on the Glendale Gymnasium is currently taking place and that construction is causing parking problems in the area. We have received some complaints of parking issues in that area. DISCUSSION After reviewing the by-law it was determined that a by-law restricting parking on both sides of Glendale was already in place and that the by-law had been in place since the 70's. Signage; however; only appears from Glendale to Victoria. Some of the problems that are occurring now are pushing the problem beyond Poplar but seem to be related to the construction. As is our normal practice we advised the residents that the Town was considering putting up signs from Broadway to Poplar. We also proposed extending the area from Poplar to Allen. We received comment from one resident that was opposed to the installation of signs as the signs appear to clutter the area and look intrusive in a residential area. This resident also advised that the issue was only caused by the construction and would end once the construction was completed. We also received comment from another resident (attached) that the issue was only due to the construction and that imposing signs along Glendale was not needed after construction was completed. In fact this resident felt that the restriction on parking should only occur from Broadway to Victoria as is already signed. The Town has notified Glendale School that the construction is causing parking issues in the area and that they L) should be taking steps to provide parking for their students and their contractors. This may assist but may not completely resolve this issue. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Local\Temp\notes4 l 8AAD\C 20 I 0-004 Glendale Parking.doc The Corporation of the Town of Tillsonburg () The options for Council are as follows: I. Change nothing; 2. Sign the area from Broadway to Poplar; 3. Sign the area from Broadway to Allen; 4. Make the parking changes permanent; 5. Make the parking changes temporary until after the construction is complete. The first option may be acceptable but may be come exacerbated if we receive significant snowfall this winter. The second option is already in the by-law but would need to be signed. The third option covers the area well but is probably not needed for the long term. The fourth option is likely not necessary as this has not been in an issue at any time except during the construction. The fifth option probably makes the most sense as it solves the issue now and doesn't permanently change the (~i landscape of the neighbourhood. The only caveat with this is that there is no really efficient way of putting up -_ temporary signs. Signs would have to be installed and then removed later which can be costly and disruptive. In the end I would still recommend adopting option 3 and option 5. This would cover the area well but only cover it during the construction. RECOMMENDATION "That Council receive report C 2010-004 and adopt options 3 and 5 and that a by-law be brought forward to enact said options." PREPARED BY: Michael Graves, Director of Corporate Services/Clerk APPROVED BY: CORPORATE OFFICE David C. Morris, CAO 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\nfullam\AppData\Local\Temp\notes418AAD\C 20 I 0-004 Glendale Parking.doc u PLEASE FORWARD TO MICAH EL GRAVES AT THE TOWN HALL AS PER HIS REQUEST. Reference Letter received Dec. 22-09 from Mr. Michael Graves re: No Parking Signs for Glendale Dr. Dear Sir, After reading your letter stating that the council has proposals for no parking along Glendale Dr. I submit the following. I've lived at 9 Glenridge Rd Tillsonburg for approx. 25 yrs. and travel along Glendale Dr. twice a day at minimum. Presently construction is being done at Glendale High School which has caused many vehicles belonging to students (who have been forced from the school lot due to constuction) & construction workers, to be parked, on both sides along Glendale Rd. near the corner of Poplar St. This is out of the norm for this area and is attributed to this temporary construction project. These parked cars do not in any way affect traffic flow in the area other than to slo1,o11 it down or "traffic calm" a bit in non-consuming time ways .... which is not such a bad idea. Parking of other cars along Glendale on the northside of the road also occurs between Craig St. and Poplar St. at very, very intermittent times and this also does not cause any traffic concerns. Further very, very intermittent parking occurs on both sides of Glendale between Allen St and Poplar St. and once again does not cause any traffic concerns. No parking should be considered from Broadway along both sides of Glendale Dr. to Victoria St. due to high traffic flow both ways on Glendale and from Victoria St. as Glendale Dr. at Broadway is a major intersection for both entrance and exit from this subdivision and is busiest at the start and finish of Glendale High School classes. The present parking situation at Poplar and Glendale does not pose any significant danger and I would suggest that the idea of "No Parking" along Glendale only be considered from Broad1Nay to Victoria St. Sometimes temporary inconvenience such as the construction at Glendale HS gives birth to unwarranted concerns by local residents due to temporary changes in their normally static neighborhood. Sincerely, Perry Gosso Issue Type Parking Enforcement Sub Type Complaint -Parking Issue Code Complaint Origin Web Copy To Michael Graves/Tillsonburg Donna Hemeryck/Tillsonburg u (~, \ THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3400 A BY-LAW to amend By-Law 2997, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 2997. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: I. THAT Schedule 2 of By-Law 2997 -Prohibited parking -be added as follows: COLUMN 1 Highway Side Glendale Drive Both COLUMN2 COLUMN3 From To Poplar Street Allen Street COLUMN4 Time or Day No Parking Anytime 2. THAT these amendments to By-Law 2997 are hereby declared to be part of that By-Law as if written therein. 3. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment and shall become null and void as of January 1, 2011. Read a frrst and second time this day of January, 2010. Read a third time, passed, signed, sealed and numbered this day of Mayor Clerk ,2010. \' Ri\I REID & DELEYE CONTRACTORS LTD. () GENERAL CONTRACTING, PRE-ENGINEERED BUILDING, DESIGN BUILDING, PROJECT MANAGEMENT 4926 HWY 59 SOUTH, P.O. BOX 272, COURTLAND, ONTARIO NOJ 1 EO website: www.reid-deleye.com Town of Tillsonburg 200 Broadway Tillsonburg, ON N4G5A7 Attention RE Michael Michael Graves, CMO Glendale High School Street Parking 1/7/2010 Tel 519-688-2600 Fax 519"688-2700 I am in receipt of your letter Dec-21-09 regarding the above noted issue, I am certainly cognizant ofthe disruption a construction project like the Glendale expansion can be to a neighborhood and would like to offer the following comments As the contractor responsible for the Glendale expansion our construction area currently occupies approximately 60% of the previously existing student parking area, primarily for safety concerns there is very little room within the construction area for on site parking, the majority of the space is required for the safe movement of heavy equipment, workers, deliveries (concrete I steel) and materials storage Althoughwe were unaware of the no parking bylaw most of our construction vehicles have actually been parking on Glendale north of Poplar and along Poplar, which we are reinforcing now that we are aware of the existing bylaw, the pending expansion of the bylaw will create an issue that I have no solution to at this moment As contractors we are trained to at all times maintain proper access for emergency vehicles, not only on our sites in case of emergency, but also on the streets and roads leading to and past our sites. We have endeavored to be diligent in this practice at the Glendale site, we regularly review the parked vehicles to ensure access is maintained for through traffic on the street, and to all residence driveways and fire hydrants With winter upon us a major concern would be snow removal on the street, to that end I would offer to remove and relocate vehicles as and when deemed necessary by the Town in order to facilitate and cooperate with removal activities, I would be the point of contact and am available anytime we have workers on site The current situation is temporary, the expansion will be completed prior to commencement of school in the fall of 2010, during the school summer vacation our workers will be able to use the spots vacated by the students and staff. I hope I have provided a potential solution to get us through to that point Greg Eyre Vice President I Gen ral Manger Reid & Deleye Contr ctors Cell 519•.688-8989 n u u BY-LAW EXECUTIVE SUMMARY DATE: January 5, 2010 TO: Kelley Coulter, CAO FROM: Darrell Eddington, Director of Finance SUBJECT: BY-LAW 3399 TO AMEND THE PERSONNEL POLICY EXECUTIVE SUMMARY Council may recall that the current Personnel Policy was adopted by Council on April 11, 2005 by By-law 3151. Since that time, Council has amended Schedule A to the Policy. The attached Personnel Policy has been reviewed by tbe Town's HR lawyer. Most of the proposed changes update the Policy to the current situation or practice and reflect the most current legal language, including the proposed addition of Family Day into the Policy for full time employees. RECOMMENDATION "That By-law 3399 be brought forward for Council consideration." THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3399 A BY-LAW to amend the Town ofTillsonburg Personnel Policy. WHEREAS The Town ofTillsonburg is desirous of amending the Personnel Policy; THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Policy marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg. () READ A FIRST AND SECOND TIME THIS 11th DAY OF January 2010. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF January 2010. MAYOR-Stephen Molnar u THE CORPORATION OF THE TOWN OF TILLSONBURG PERSONNEL POLICY Amended January 2010 I Table of Contents Section No. And Title Page No. Introductory Statement 4 1.0 Employment Conditions/Work Hours 5 1.1 Hours of Work 5 1.2 Flexible Scheduling 5 1.3 Rest and Meal Periods 6 1.4 Timekeeping 6 1.5 Payday 6 1.6 Pay Advances 6 1.7 Administrative Pay Corrections 6 1.8 Pay Deductions 6 1.9 Overtime 7 1.10 Vacation and Vacation Pay 8 1.11 Public Holidays and Public Holiday Pay 9 1.12 Rates of Pay 10 1.13 Discipline/Termination/Problem Resolution 10 1.14 Termination of Employment 11 2.0 General Employment Benefits 11 2.1 Regular Attendance and Pay During Sick Leave 11 0 2.2 Absence and Lateness Reporting/Call In 12 2.3 Personal Days 12 2.4 Short-Term Disability Benefits 12 2.5 Long-Term Disability Insurance 13 2.6 Employees Injured on the Job 13 2.7 Group Insurance 14 2.8 Pension 14 2.9 Miscellaneous 14 3.0 Educational Assistance 16 4.0 Leaves of Absence 16 4.1 Personal Leave of Absence 16 4.2 Sick Leave and Short-Term Disability Leave 17 4.3 Long-Term Disability Leave 17 4.4 Pregnancy, Parental Leave and Family Medical Leaves 18 4.5 Bereavement Leave 19 4.6 Time Off to Vote 19 4.7 Jury Duty 20 4.8 Witness Duty 20 u 2 Table of Contents Continued Section No. And Title Page No. 5.0 Other Employment Regulations 20 5.1 Probationary Period 20 5.2 Retirement 20 5.3 Use of Vehicles and Equipment 20 5.4 Visitors in the Workplace 21 5.5 Phone, Mail, Computer, Internet and E-Mail Usage 21 5.6 Performance Evaluations 21 5.7 Equal Opportunity Employer 22 5.8 Criminal Reference Checks 22 5.9 Recruitment 22 5.10 Workplace Security 22 5.11 No Pyramiding or Compounding 22 6.0 Code of Conduct 23 6.1 Hiring of Relatives 23 6.2 Conflict of Interest 23 6.3 Outside Employment 23 6.4 Confidential Information 24 6.5 Media Relations 24 6.6 Gifts and Other Benefits 24 (~) 6.7 Political Activity 24 6.8 Distribution of Literature/No Solicitation 25 6.9 Use of Property 25 6.10 Infractions 25 6.11 Compliance 25 7.0 Discrimination and Harassment in the Workplace 26 7.1 Purpose 26 7.2 Investigation Procedure 26 7.3 Discipline 27 8.0 Health and Safety Committees 27 9.0 External Complaint Procedure 27 Form 1 Employee Acknowledgement Form & Non-Disclosure Agreement 29 Form 2 Employee Disclosure of Interest Form 30 Form 3 External Employee Complaint Form 31 Schedule A Personnel Policy Rates 32 L; 3 INTRODUCTORY STATEMENT This Personnel Policy (the "Policy") is intended to inform all employees of the rights, privileges and benefits of their employment with the Corporation of the Town of Tillsonburg (the "Town") and what the Town expects of them in respect of their employment. The Town is structured under the Chief Administrative Officer system of governance. The Mayor and Council will retain overall responsibility for personnel management through the Chief Administrative Officer for the Town. Council will be responsible for setting policy for the management of the Town's resources and for determining priority in policy execution. The Director of Finance, or his or her designate, will assume responsibility for advising on human resource matters to ensure compliance with both federal and provincial legislation and policies and procedures adopted by municipal by-laws. The Town's managers will be responsible for ensuring that these policies are implemented and observed. This Policy covers Full and Part-time employees of the Town, its local boards, commissions and any appointments made by Council. Council members will not become directly involved in the discharging of the Town's administrative functions or in the operation of its facilities and equipment. The Town's managers will be expected to keep Council informed of any changes in the ordered priorities. This Policy is compliant with all primary labour and employment statutes including the Employment Standards Act, Human Rights Code, Workplace Safety and Insurance Act, Occupational Health and Safety Act, and Labour Relations Act. In the case employees have contracts of employment or other agreements which establish and govern their employment, those contracts of employment and other agreements shall apply to their employment instead of this Policy, except if the contrary is specifically noted. n Q u 4 EMPLOYMENT CONDITIONS/WORK HOURS For purposes of this Policy, Full-time employees may be either salaried or hourly employees who are regularly scheduled to work at least 35 hours per week. Generally, Full-time employees are eligible for group insurance arranged by the Town, subject to the terms, conditions and limitations of the group insurance. For purposes of this Policy, Part-time employees are those who are regularly scheduled to work less than 35 hours per week in one or more positions. Part-time employees are not eligible for group insurance arranged by the Town. Part-time employees are eligible for insurances, required to be provided by statute, like employment insurance and workplace safety insurance. 1.1 Hours of Work 1.2 The following is intended to define the normal hours of work for Full-time and Part-time employees. In describing the normal hours of work, the Town is expressly not providing a guarantee to employees of either specific hours of work or the number of hours of work. All hours described are subject to be modified by the Town in accordance with its operational requirements. • Office Employees Normal hours of work for Full-time employees employed in an office, clerical or engineering capacity are 7 working hours per day exclusive of the unpaid meal period described in this Policy and a normal working week of 35 hours, exclusive of unpaid meal periods, save for Customer Service Representatives whose normal hours of work shall be either 7 working hours per day or 11 working hours per day, exclusive of unpaid meal period(s) and a normal working week of 35 hours, exclusive of unpaid meal periods. • Operations Employees Normal hours of work for Full-time employees employed in an operations capacity, which includes all employees other than employees employed in an office or clerical capacity, are 8 working hours per day exclusive of an unpaid meal period and a normal working week of 40 hours, exclusive of unpaid meal periods. • Part-time Employees Normal hours of work for Part-time employees will vary and may be up to 34 hours per week from Sunday to Saturday inclusive. Supervisors will advise employees of the times of their working schedules, including the normal start and end times of their working day. As described above, the Town's operational requirements may necessitate temporary or permanent changes to start and end times to an employee's working day, temporary or permanent changes to the days of the week scheduled, as well as temporary or permanent changes to the total number of hours that may be scheduled each day and week. Flexible Scheduling Flexible scheduling ("Flextime") is available for some positions to allow employees to vary their start and end times each day within established limits. Both the Director and the employee's Supervisor/Manager must approve all Flextime arrangements. Requests for Flextime arrangements must be made directly to the employee's supervisor or manager. Approval of such requests lies wholly within the discretion of the Town. Without limiting its discretion, the Town intends to consider, inter alia, staffing and other operational requirements, the employees' performance, and the nature of the job before deciding on a request for a Flextime arrangement (Note: a Flextime arrangement is not time off in lieu of overtime). 5 1.3 Rest and Meal Periods In each working day, an employee shall be permitted, at such times as may be designated by his supervisor, the following: a) Two 15 minute paid rest periods; and: b) Office employees, except those described at paragraph b) i): a one-hour unpaid lunch period. i) Customer Service Representatives: a one-half hour to one hour unpaid lunch, depending on the work schedule and as shall be determined by the employee's supervisor, and a one-half hour unpaid dinner period. c) Operations employees: a one-half hour unpaid lunch period. 1.4 Timekeeping All employees are required to submit timesheets, as may be required, on a weekly basis and in the form directed by the Town. Employees are required to accurately record the time actually spent performing their assigned duties. Employees are also required to accurately record any departure from work, including for personal reasons (as may be approved by their supervisor), vacation or public holidays and sick leave. 1.5 Payday Employees will be paid bi-weekly. The payroll period begins on a Sunday and ends on the 2nd Saturday following. Each employee will be provided a statement of earnings and deductions for the payroll period. In the event that a regularly scheduled payday falls on a day other than regular business day for the Town, employees will receive pay on the last regular day of business prior to the regularly scheduled payday. c1 1.6 Pay Advances The Town does not provide pay advances on wages to employees. 1.7 Administrative Pay Corrections In the event that there is an error in the amount of pay provided to an employee, an employee should promptly bring the discrepancy to the attention of their supervisor. Any required corrections will be made as quickly as possible. 1.8 Pay Deductions The Town must make certain deductions from every employee's pay, including applicable Federal and Provincial income taxes, Employment Insurance premiums, and Canada Pension Plan contributions, in the amounts stipulated by legislation. In addition, membership in the OMERS Plan is mandatory for certain employees and, amounts as directed by the OMERS Plan, are deducted from each participating employee's pay. Employees should consult their supervisor to determine their eligibility and obligations in respect of the OMERS Plan. Where the Town offers programs, benefits and insurances beyond those required by law, eligible employees may be required to, or may voluntarily, authorize deductions from their pay to cover the costs of participation in these programs. u 6 (\) c u Overtime Office Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) Employees will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. iv) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three months of the work week in which the overtime was earned, or 12 months if the employee and the Town so agree. v) All hours up to 40 hours in a week, whether or not an employee's normal hours of work are less than 40 in a week, will not attract overtime pay or be compensated as described in paragraph iv. Operations Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) Employees employed in the Operations Department, other than employees working in Hydro functions, former PUC and Works departments, will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. Employees who work in Tillsonburg Hydro functions and employees of the former PUC will be paid overtime pay of two times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. Employees in the Works department when called into work will be paid overtime pay for hours worked on a Sunday or statutory holiday at two times their regular straight time rate of pay. iv) Employees attending to work for overtime hours, when called in, shall receive the greater of their actual hours worked at the overtime rate, or two hours pay at the appropriate overtime rate, which for employees working in Operations is two times their regular straight time rate of pay. v) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three months of the workweek in which the overtime was earned, or 12 months if the employee and the Town so agree. Senior Employees i) No overtime shall be worked except as authorized by the employee's supervisor or Chief Administrative Officer. ii) All eligible time shall be calculated to the nearest Y. hour upwards. iii) Employees listed in sub-paragraph iv (the "Ineligible Senior Employees") shall not be eligible for overtime pay. iv) The Ineligible Senior Employees are: the Chief Administrative Officer, Director of Finance, Director of Corporate Services, Director of Operations, Director of Community Services, Fire Chief Deputy Fire Chief and Development Commissioner. v) Other senior employees may have their eligibility for overtime pay limited or eliminated by an employment contract or agreement. Part-time Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) All overtime will be paid at one and one-half times the employee's regular straight time rate of pay for all hours worked in excess of 44 hours in a week. 7 General Rules Applying to Overtime (', In all cases, the Town reserves the right to schedule overtime. In most cases, the Town will first seek volunteers from amongst employees that are qualified to do the work required. However, where there are no qualified volunteers, the Town will schedule employees for overtime. Employees who are so scheduled are expected to report for work except where extraordinary circumstances would prevent their attendance. Where an employee offers or is required to work overtime, and the Town approves such work in advance, the employee is entitled to be paid the applicable overtime rate. Subject to the terms of the Employment Standards Act, "hours worked" for the purposes of this Policy shall not include time not worked, including time for which employees are paid, save and except for rest periods. 1.10 Vacation and Vacation Pay All vacation and vacation pay shall be based on the employee's anniversary date, and, generally, must be earned in advance. Full-time employees shall be eligible for vacation and vacation pay in accordance with the following: Years of Eligible Service Upon initial eligibility (12 mos.) 4 years 10 years 18 years 25 years Vacation Two weeks Three weeks Four weeks Five weeks Six weeks Vacation Pay 4% of wages earned 6% of wages earned 8% of wages earned 10% of wages earned 12% of wages earned In addition, Full-time employees shall be entitled to a single floating vacation day, with pay at the employee's regular straight time rate of pay, in each calendar year. A vacation week shall consist of the number of days in the employee's regularly scheduled workweek. Vacation, except the floating vacation day, is required to be taken in weekly blocks unless the employee requests otherwise in writing and the Town agrees. In no case will the Town agree to vacation in less than a half day block. All Part-time employees, irrespective of years of eligible service, shall be eligible for 2 weeks vacation and vacation pay equal to four per cent of the wages earned, excluding vacation pay. Vacation pay will be paid to Part-time employees bi-weekly in accordance with the Town's customary payroll practice. Vacation pay will be calculated on the regular wages earned by the employee during the twelve-month period for which the vacation is given. Regular wages do not include overtime pay or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Employees entitled to 4% of wages as vacation pay shall have their vacation pay based on all wages, excluding vacation pay, earned during the period for which the vacation or vacation pay is given. Vacation must be taken as time off. No cash payment in lieu of vacation will be made. Generally, vacation days may not be taken in advance of being credited. If an employee requires vacation days prior to being credited with sufficient days, that employee may request in writing and, at the discretion of the Town, may be granted the vacation days requested up to a maximum of five days. 0 Vacation of up to one week may be carried over into the employee's next vacation year, if approved by U the respective Director or Chief Administrative Officer. 8 To schedule vacation, employees must submit their request for vacation to their supervisor on or before February 1 of each year. The supervisor will approve or deny the vacation request based on the Town's operational requirements. A request for vacation of longer than two weeks will also require the approval of the Director or the Chief Administrative Officer. All employees at the manager level and above should send an email to their Director and copy Council, one week in advance notifying them of their vacation request, which must be approved by a manager of higher authority or by Council, as appropriate. Accrued vacation pay shall be paid to the employee on the regular pay date occurring during the period of the vacation, unless the employee and the Town agree otherwise. When a public holiday occurs during an employee's vacation, the Town shall substitute another day that would ordinarily be a working day for the employee to take off work for which the employee will be paid public holiday pay as if the substituted day were a public holiday. The substituted day must be scheduled within three months of the public holiday, or 12 months ifthe employee and the Town so agree. 1.11 Public Holidays and Public Holiday Pay (~) Each employee is entitled to a holiday with public holiday pay on each of the following public holidays: New Year's Day Victoria Day Family Day Good Friday Canada Day Easter Monday Civic Holiday Labour Day Boxing Day Thanksgiving Day Christmas Day Part-time employees are not eligible to receive a holiday with public holiday pay on Easter Monday or the Civic holiday. To be eligible for public holiday pay, employees must work all of their last regularly scheduled day of work before the holiday and all of his or her first regularly scheduled day of work after the holiday, unless the employee had reasonable cause for not so working. Public holiday pay for Full-time employees will be equal to the employee's regular wages for a regular work day, except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on the employee's regular wages for a regular work day but shall be prorated having regard for the part of the day that is observed as the public holiday. Public holiday pay for other employees will be equal to the employee's regular wages earned and vacation pay payable to the employee in the four weeks before the work week in which the public holiday occurred, divided by 20, except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on such formula but shall be prorated having regard for the part of the day that is observed as the public holiday. If the Town and employee agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, the Town shall pay to the employee wages at his or her regular straight time rate of pay for the hours worked on the holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a holiday or the Town shall pay to the employee holiday pay for the day plus one and one half times the employee's regular straight time rate of pay for each hour worked on the 9 public holiday. In addition to the public holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional public holidays, provided, however, that Christmas and New Year's half day public holidays will be observed on the working days preceding the respective holidays except when Christmas Day and New Year's Day falls on Saturday, Sunday, or Monday in which case the half holiday will be observed on the preceding Friday afternoon. The exact dates to be taken off shall be at the discretion of the Chief Administrative Officer. 1.12 Rates of Pay The regular straight time rates of pay applicable to each position classification shall be as specified from year to year by Council. Employees working in Hydro functions, Works, or Water departments will be paid a premium of $1.00 per hour over their regular straight time rate of pay for each hour they are assigned to act as a sub-foreperson, provided that such assignment is approved by the appropriate Director. 1.13 DisciplinefTermination/Problem Resolution The Town"s own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform and impartial. The major purpose of a disciplinary action is to correct a problem, prevent recurrence and prepare the employee for satisfactory service in the future. Progressive Discipline To the extent appropriate in the circumstances, the Town will follow a progressive discipline policy, with disciplinary consequences advancing in severity with each incident deserving of discipline. Any violation of a rule or policy contained in this Policy will be considered to be an incident deserving of discipline, c_·_:.··. notwithstanding that the rule or policy breached may not specifically describe discipline as a . consequence. In certain circumstances, the Town will, having regard to the severity of the incident, the employee's performance, workplace habit or other workplace conduct, advance past a step or steps in the scale of progression, including directly to termination. In cases of the least serious nature, the Town may repeat a step in the scale of progression. The Disciplinary Scale of Progression is as follows: )> Counseling )> Verbal Warning l> Written Warning l> Suspension l> Termination Problem Resolution The Town is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion or question receives a timely response from the Town's management. Employees are encouraged to offer positive and constructive criticism. If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concern through the problem resolution procedure, using the following steps. No employee will be penalized, formally or informally, for using the problem resolution procedure. The employee, at his or her election, may discontinue the procedure at any step. Step 1. Employee presents issue to immediate supervisor after incident occurs. In a situation where it would be inappropriate to contact the employee's immediate supervisor, the employee may 10 present the issue to the Director of Finance or his or her designate or to the Chief Administrative Officer, or, if the immediate supervisor is the Director of Finance or Chief Administrative Officer, to Council in care of the Mayor. Step 2. Supervisor responds to the issue after consulting with appropriate management or other interested parties as may be appropriate; Supervisor documents discussion. Step 3. If the employee is not satisfied with the supervisor's response, he or she may present issue to the Director of Finance or his or her designate or Chief Administrative Officer. Step 4. The Director of Finance or his or her designate or Chief Administrative Officer reviews and considers the issue, assists in putting the problem in writing, meets with the employee's supervisor(s) or manager(s) as may be appropriate. The Director of Finance or his or her designate or Chief Administrative Officer provides written response. 1.14 Termination of Employment 2.0 2.1 While the Town hopes that the employment relationship is a long and mutually satisfying one, the Town can make no assurances concerning the duration of an employee's employment with the Town. Either the employee or the Town may terminate employment at any time without notice, except as that which may be required by the Employment Standards Act. GENERAL EMPLOYMENT BENEFITS The Town provides certain employment benefits to eligible employees as described in this Policy. Where noted, the employment benefits are provided through contract(s) of insurance and the Town pays certain premiums for the insured benefits only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier and benefits are subject to the terms of the applicable contracts. Employment benefits, including insurance coverage, are subject to change. Regular Attendance and Pay During Sick Leave Regular attendance is vital to maintaining a productive and efficient workplace. While the Town recognizes that illness or other important matters may keep an employee from work from time to time, there is an expectation that these instances will be kept to a minimum. Excessive absenteeism impacts everyone, and will be dealt with on a case-by-case basis. In every case, employees will be provided opportunity, support and counselling, as may be appropriate, to correct the problem of irregular attendance. All Full-time employees are eligible to request paid sick leave in the case of personal illness or non-work related accident that requires an absence from work of five days or less. For personal illness or non-work related accident that requires an absence from work of more than 5 days, section 2.4 of this Policy applies. The Town will determine whether to approve any request for sick leave having regard for the information and medical evidence available to it. The Town reserves the right to deny requests for sick leave made pursuant to this Policy and to determine whether an employee has excessive absenteeism and has abused or misused this Policy. In the latter cases, an employee may be subject to discipline, up to and including termination, in accordance with section 1.13 of this Policy. Absenteeism is considered excessive if an employee has seven or more absences within a twelve-month period. Refer to Sections 2.2 and 4.2 of this Policy for requirements to provide proper notice to the Town 11 and to provide medical certificates supporting a request for leave. 2.2 Absence and Lateness Reporting/Call In 2.3 As soon as an employee becomes aware that he or she will be absent or late for work, he or she must call his or her supervisor to report the absence or lateness. In any event, the absence or lateness must be reported to the employee's supervisor or manager within one-half hour of the commencement of the absence or lateness (usually the beginning of the employee's regular start time). If the supervisor is unavailable, after the employee makes all reasonable efforts to contact the supervisor, the employee shall inform another person in the Department in which the employee is employed who shall be requested to convey a message to the supervisor. A failure to report a lateness or absence as required by this Policy will result in discipline, up to and including termination. A failure to report a lateness or absence, as required by this Policy, for three consecutive days will result in the Town considering the employee to have abandoned his or her employment. The employee's employment will be terminated at that time. Exceptions will be made only in the most extraordinary of cases. Excessive absences or lateness, which have not been excused by the Town, will result in disciplinary action, up to and including termination. All absences or lateness for which an employee seeks to be excused must be supported by appropriate documentation. Except in extraordinary cases, an absence or lateness for which an employee is unable or unwilling to provide documentation will not be excused. Even absences or lateness that are excused by the Company may result in an employee receiving counselling to determine whether and to what extent the absences and lateness can be reduced. Personal Days All Full-time employees are eligible to claim up to 2 personal days per calendar year, subject to the approval in advance by the employee's supervisor, to cover non-sick leave situations that require the employee to be absent from work, such as a sick child or a parent who is ill, legal appointments, etc. The employee will be required to provide support for the reasons for the absence (including documentation) as may be required by the Town. The 2 personal days may not be carried forward and will not be paid out. 2.4 Short-Term Disability Benefits Full-time employees who have completed their probationary period are eligible to claim for short-term disability benefits on the event of an illness or non-work related injury that requires the employee to be absent from work for five consecutive days or more. A detailed medical certificate issued by a qualified physician must support a claim for short-term disability benefits. If a claim for short-term disability benefits is approved by the Town, benefits may be paid for a period of up to 26 weeks per single disabling event or related disabling events, in accordance with, and to the maximum weeks and amounts provided by, the following schedule, and on the further condition that the employee continues to provide the Town with detailed medical certificates, if and when requested by the Town, updating the status of the employee's illness or non-work related injury, the requirement to be absent from work and medical restrictions, if any. 12 u (~' 2.5 2.6 Benefit Weeks 75% of Length of Service Full Salary Salary Less than 1 year 1 25 1 year but less than 2 years 2 24 2 years 3 years 4 22 3 years " 4 years 6 20 4 years " 5 years 8 18 5 years 6 years 11 15 6 years " " 7 years 14 12 7 years 8 years 17 9 8 years 9 years 21 5 Over 9 years 26 0 Refer to Section 2.2 for notification requirements. Approved benefits under this section shall be payable effective commencing the first day of the eligible absence from work as a result of the illness or non-work related injury for which no other compensation has or will be received by the employee. All applicable deductions will be made from the benefits payable to employees. Long-Tenn Disabilitv Insurance The Town has arranged for a Long-term Disability Insurance Plan (LTD) which provides eligible Full-time employees who have completed their probationary period with insurance coverage equal to 66. 7% of the first $2,250 of basic monthly earnings and 40% of the balance up to a maximum of $4,000 per month, payable up to age 65, after a continuous 26 week period of disability is satisfied (Please refer to your Group Insurance Booklet to obtain the specific details). During the 26-week waiting period, the employee may be eligible for benefits under the Short-term Disability Plan described at section 2.4 of this Policy. To qualify for benefits under the LTD plan, an employee must meet the requirements of the insurance plan and provide evidence of the disability that is satisfactory to the insurance carrier. All decisions as to the eligibility for benefits rest solely with the insurance carrier. For more information on the terms of the LTD plan, please request the contact information of the insurance carrier from the Director of Finance or his or her designate. Emplovees Injured on the Job An employee who is injured while at work and as a result of such injury is certified by a qualified physician as unfit to complete work on the day of the injury, shall not suffer a loss of regular straight time pay for the day of the injury and no deduction will be made from sick leave credits with respect to that particular working day. Employees who sustain work-related injuries or illnesses must inform their supervisor immediately in order not to affect any benefits that they may be entitled to under the Workplace Safety and Insurance Act (the "Act"). Where a Full-time employee is absent from work as a result of an illness or injury covered under the Act, and is in receipt of benefits under the Act, the following applies: In respect of Full-time employees who satisfy the conditions stipulated above, the Town shall continue to pay the Town's normal share of the premiums for the group insurance that that employee would otherwise be entitled to for the period required by the Workplace Safety and Insurance Act, provided that the employee pays the employee's share of the premiums, if any. 13 A Full-time employee shall not suffer loss of regular straight time pay for the period beginning on the first day of an absence from work as a result of an illness or injury for which benefits are payable under the Act and ending on the date that benefits are no longer payable under the Act. In the case that the Town makes a payment to an employee in respect of a period for which the employee also receives a payment from the Workplace Safety and Insurance Board, the employee shall remit the payment (or the value of the payment) to the Town, except any payment that relates to an award of non-economic loss ("NEL" Awards). 2.7 Group Insurance The Town presently pays premiums on behalf of eligible Full-time employees for group insurance which consists of the following group benefits: » Life Insurance » Critical Illness Insurance » Extended Health Insurance » Deluxe Travel Insurance, and » Dental Insurance The Town pays certain premiums for the described group insurance only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier, and are subject to the terms of the applicable insurance plan. Premiums are only paid on behalf of eligible Full-Time employees who are actively employed, except as specifically described in this Policy. n Please refer to your Group Insurance Booklet to obtain specific details of the insured benefits and to CJ determine the rules respecting eligibility and exclusions for insurances. 2.8 Pension Participation in a pension, administered by and in accordance with the provisions of the Ontario Municipal Employee's Retirement System (OMERS), is compulsory for every Full-time employee of the Town from the date of hire. Participation in OMERS is optional for certain Part-time employees. To determine whether you qualify or are required to participate in OMERS please contact your supervisor. 2.9 Miscellaneous a) Clothing Allowance The Town will assist, in accordance with Schedule A to this Policy, each Full-time employee employed in an Operations capacity with the purchase of clothing required for the conduct of the employee's duties. The payment shall only be made upon submission of the appropriate receipts. b) Safety Equipment Safety equipment shall include, but is not limited to, CSA safety boots, gloves, fluorescent safety wear, safety glasses, hearing protection, etc. The Town shall provide such equipment to the employee as determined by the employee's supervisor and as job conditions warrant. c) Mileage Employees using personal vehicles, as approved by the employee's supervisor, or CAO in the case of the in-town rate, while on business for the Town, Tillsonburg Hydro Inc. or the Tillsonburg Police Services Board shall be reimbursed at a rate in accordance with Schedule A to this Policy. 14 u () d) Meal Per Diems Employees, Councillors, and members of the boards of Tillsonburg Hydro Inc. and the Tillsonburg Police Services Board may claim, and the Town may approve, reimbursement for meal per diems where: the Director has approved the event which required the employee to attend; the employee is involved in a meeting or seminar where such employee cannot bring a lunch, or the meeting is outside of the geographic boundaries of the Town, or the meeting is during the day and includes lunch as a business lunch. Approved meal per diems will be paid in accordance with Schedule A to this Policy with the submission of conference or seminar details outlining whether meals are provided as part of the conference or seminar. e) Per Diems Councillors and members of the boards of Tillsonburg Hydro Inc. and the Tillson burg Police Services Board are eligible to be reimbursed in accordance with Schedule A to this Policy for attendance, in their official capacities, at outside meetings, seminars, conventions or conferences. The reimbursement for this per diem is through the payroll system, will include travel time and will be prorated to the nearest half day. For instance, if the conference begins in the afternoon or evening and the time spent including travel time is less than 3.5 hours, then the per diem will be one half of the per diem rate. f) Seminars, Conventions and Conferences Employees, Councillors, members of the Boards of Tillsonburg Hydro Inc. or the Tillsonburg Police Services who are required to attend approved seminars, conventions or conferences, will be reimbursed upon providing receipts for expenses relating to the registration fee, accommodations, travel, parking and communications. All costs related to a companion who attends the seminar, convention or conference, will not be paid by the Town. Employees should also consult the Town's Conference and Training Policy which supplements this section of the Policy. g) Overtime/On Call Compensation Compensation for an employee required to be on stand-by is in accordance with Schedule A to this Policy. h) Professional Membership Dues The Town may, in its discretion, reimburse membership dues paid by employees for membership in professional associations required by, or directly related to, the employee's employment with the Town. Requests to be reimbursed for membership dues must be made in writing, together will all relevant details, to the Chief Administrative Officer. i) Parking If an employee is required to use a vehicle on Town business and receives a parking ticket as a result of getting delayed in a meeting or other similar event that was not reasonably foreseeable, the Town will pay the cost of the ticket. (j) Health Club Membership The Town will offer Full-time employees and members of Council a 100% discount on an adult regular membership fee (for personal use by the employee) in the Town's Community Centre Health Club, Squash, Tennis and Swimming Pool Facility. 15 3.0 EDUCATIONAL ASSISTANCE 4.0 The Town may provide educational assistance to eligible Full-time and Part-time employees who have completed their probationary period in an eligible employment classification. Employees must remain in active employment and be performing their job satisfactorily through to the completion of the course for which educational assistance is claimed. An employee must acquire all the details regarding the course (including the educational institution the course is offered through, the full course description, the cost of the course, the program through which the course is offered, and the relevance of the course to the employee's employment with the Town). The employee must then submit a written request to the Town (accompanied by information described in this Policy) for educational assistance. The request for educational assistance will be reviewed and a decision will be made as to whether the course qualifies for educational assistance. The Town reserves the right to reimburse none, some or all of cost of the educational course. All approvals for education assistance must be received prior to the employee commencing the course for which the education assistance is sought and will be subject to the condition that the employee achieves a final grade of at least 60%, or equivalent, (where the course is graded in that manner) or present a certificate of completion where only a certificate of completion is presented to successful participants. While educational assistance is expected to enhance an employee's performance and professional abilities, the Town makes no representations that participation in formal education will entitle the employee to advancement, a different job assignment, or pay increases. LEAVES OF ABSENCE 4.1 Personal Leave of Absence • A personal leave of absence under this Policy is defined as an approved leave of an employee without pay. • An employee is required to make advance application, in writing, to his/her immediate supervisor who shall review the request with the Director involved and assess it against the operational requirements of the Town or any other relevant factor. The Town will make all decisions in respect of requests for personal leave of absence and its decision is final. • Except as identified in this Policy, or in the most extraordinary of circumstances, a personal leave of absence will not be granted for a period exceeding 30 calendar days. • In the event an employee wishes to use a personal leave of absence to extend a pregnancy, parental or compassionate leave, the 30 calendar day period may be extended to not more than 90 calendar days. • All personal leaves of absence approved under this Policy shall be on condition that the leave of absence results in no cost to the Town, including costs related to the premiums for group insurance. • While an employee is on a personal leave of absence under this section, group insurance will be administered on the following basis: i) In the event the personal leave of absence exceeds 10 working days but is less than 30 calendar days, group life and extended health insurance may be maintained at the employee's expense. In l_) 16 any case where a leave of absence exceeds 1 O working days, the short term disability benefits described in this Policy that would otherwise be available to employees shall not be available. ii) If the employee wishes to maintain the benefit coverage noted above, arrangements, in writing, are to be made prior to commencement of the leave of absence and payment of the total premium involved is to be made by the employee to the Town prior to the commencement of the leave. Failure by the employee to notify the Town in writing of his desire to maintain available benefit coverage and make full payment for the premium associated with the group insurance shall result in the insurance coverage lapsing and otherwise not covering the employee for the period of the leave of absence (and beyond). iii) No OMERS contributions will be made by either the Town or the employee in respect of any personal leave of absence, but the employee may arrange with OMERS to contribute, at the employee's expense, for the broken service period on behalf of both the employee and the Town, subject to OMERS regulations. 4.2 Sick Leave and Short-Term Disability Leave (-·\ . ) A sick leave or short-term disability leave may be granted to employees who are required to be absent from work due to sickness or injury unrelated to work. In order to qualify for either a sick leave or a short- term disability leave, employees are required to notify their immediate supervisor of their inability to be at work because of sickness or disability, as required by section 2.2 of this Policy. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician. The Town will pay or reimburse the employee for the cost of the first medical certificate. Failure to comply with the request to provide a detailed medical certificate in support of the request for leave may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment. If an employee is approved by the Town for sick leave or short term disability leave, the Town shall continue to pay the Town's normal share of the premiums for the group insurance that that employee would otherwise be entitled to for a maximum of 26 weeks from the date of the first absence caused by the sickness or disability, provided that the employee pays the employee's share of the premiums, if any. 4.3 Long-Term Disability Leave (a) Full-time employees may be approved for a long-term disability leave of absence. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician and provide regular updates to the Town from a qualified physician. Failure to comply with the request to provide a detailed medical certificate in support of the request for long-term disability leave of absence may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment. In addition, absences of extended duration and the cause(s) of the absences will be reviewed by the Town. In appropriate circumstances, and having regard to available medical evidence and prognosis for return to employment (including to accommodated employment) the Town may treat the employment relationship as having been frustrated and terminate the employee's employment. Where a long-term disability leave of absence has been approved by the carrier, eligible employees shall have their group insurance administered on the following basis: i) The Town shall continue to pay the Town's normal share of the premiums for group life and 17 extended health insurance for 24 months from the date of the first absence caused by the sickness or disability, subject to the employee paying the employee's share of the premiums, if any. ii) No contribution to OMERS will be made by either the Town or the employee while the employee is on long-term disability leave since provision is made under the OMERS plan for either a disability pension or disability waiver of contributions, subject to OMERS regulations. (b) Employees who have been employed by the Town for at least 30 consecutive years and i) have been approved for a long term disability leave of absence in accordance with this Article and ii) have been absent from work on such approved long term disability leave of absence for at least 24 months from the date of the first absence caused by the sickness or disability, may request that the Town continue to remit premiums on their behalf for group life and extended health insurance, subject, in all cases, to the following further conditions and limitations: (i) the employee ceases to be employed by the Town commensurate with, or prior to the time, that the Town begins to remit premiums on behalf of the employee under this Article 4.3(b); (ii) the employee makes arrangements satisfactory to the Town for the payment of the employee's share of such premiums, if any, prior to the time that the premiums are payable, and the employee complies with those arrangements; (iii) the arrangements described at sub-article (ii) shall include a commitment by the employee to pay any increases to the premiums that may be charged by the group insurer from time to time; (iv) no premiums will be paid by the Town after the earlier of the date that the employee is no c1 longer eligible to receive long term disability benefits under the Town's Ion~ term disability insurance, as determined by the Town's group insurer, and the employee's 65" birthday; (v) group insurance will lapse no later than the dates described at sub-article (iv); and, (vi) the employee complies with all requests made by the Town to supply information related to the employee's sickness or disability. Employees recognize that the Town can agree to pay certain premiums for the described group insurance only. All decisions as to whether insurance will be extended and in respect of the eligibility for a benefit rest exclusively with the insurer, and are subject to the terms of the applicable insurance plan. 4.4 Pregnancy. Parental Leave and Family Medical Leaves A pregnancy, parental or family medical leave of absence without pay shall be granted to all employees in accordance with the relevant provincial legislation. While an employee is on pregnancy, parental or family medical leave, group insurance will be administered in accordance with the applicable legislation. In the event an employee wishes to extend a pregnancy/parental leave, the employee may make application in accordance with Section 4. 1. 18 l) {~'. · , Bereavement Leave 4.6 c / A bereavement leave of absence, without loss of regular straight time pay, may be granted for Full-time employees attending the funeral and for bereavement purposes in accordance with the following: • Five (5) working days immediately following the death of a spouse, common-law spouse, same sex partner, parent, stepmother, stepfather, child, stepchild, or parent, stepmother, stepfather of the employee's current spouse, common-law spouse or same sex partner. • Three (3) working days immediately following the death of a grandchild, grandparent, brother, stepbrother, sister, stepsister, or sister, stepsister, brother, stepbrother or grandparent of the employee's current spouse, common-law spouse or same sex partner. • One (1) working day, to attend the funeral of an aunt or uncle, a close friend or to serve as a pallbearer. An employee requesting a bereavement leave of absence pursuant to this Policy may be required by the Town to furnish evidence supporting the leave. Time Off to Vote If, due directly to their work schedules, employees are unable to vote in a federal, provincial or municipal election outside of their working hours, the Town may grant up to four hours off work without loss of regular straight time pay for the purpose of permitting employees the opportunity to vote. Employees must request time off to vote under this Policy from their supervisor at least two working days prior to the day of the federal, provincial or municipal election. 19 4.7 Jury Duty An employee who is required to serve as a juror in any court in Ontario shall be granted a leave of absence without loss of regular straight time pay during the period which the employee is required to serve as a juror and actually attends at court for that purpose. Upon completion of jury duty, such employee shall present to his Director a certificate satisfactory to the Director, signed by a responsible official of the Court, showing such period of service. It shall be a condition of the employee receiving any compensation pursuant to this Policy that the employee deposits with the Treasurer of the Town the full amount of compensation received, excluding mileage and any travelling expenses, for attending jury duty. 4.8 Witness Duty 5.0 If an employee has been subpoenaed as a witness for the Town or otherwise requested to testify as a witness by the Town, he or she will not suffer loss of regular straight time pay during the period he or she is required to be absent from work pursuant to the subpoena or the Town's request to testify. Employees who are subpoenaed to attend court by a party other than the Town shall not suffer loss of regular straight time pay for the first two days of the absence. An employee who is subpoenaed must deliver a copy of the subpoena to his supervisor immediately after it is received so that, where necessary, the supervisor may make such adjustments as operating requirements warrant. The employee is expected to report for work whenever the court schedule permits. OTHER EMPLOYMENT REGULATIONS 5.1 Probationary Period All new employees will be subject to a probationary period. The probationary period is a trial period used by the Town to determine if the new employee is suitable for continued employment with the Town. It shall be a condition of continued employment with the Town that the employee complete the probationary period to the satisfaction of the Town. The probationary period for a new employee shall start on the date in which the employee commenced active full or part-time employment with the Town and continue from that date for a period of six months of active employment. The probationary period may only be satisfied through active employment. An employee may be terminated at any time during the probationary period, with or without cause, and for any reason, including unsuitability or unsatisfactory performance. The Town, in its discretion, may extend the probationary period for a period of up to three additional months of active employment, on the provision of written notice to the employee affected. 5.2 Retirement An employee may retire on the date of the employee's 651h birthday. An employee may explore early retirement options with OMERS. 5.3 Use of Vehicles and Equipment 0 When using vehicles and equipment owned or leased by the Town, employees are expected to exercise U care, or report the need for maintenance, and follow all operating instructions, safety standards and guidelines. Employees required to use a Town vehicle shall be required to provide proof of a valid drivers licence and a driving abstract from the Ministry of Transportation on an annual basis and at such other 20 times as may be required by the Town. The Town shall pay the costs of the driving abstracts. Employees are immediately required to inform their supervisor when their driver's licence has been suspended or becomes invalid for any other reason. Employees shall also notify their supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. The improper, careless, negligent, destructive, or unsafe use or operation of vehicles and equipment, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. Vehicles or equipment owned, leased, or rented by the Town may not be used for personal use. 5.4 Visitors in the Workplace .5.5 ( ) For safety and security reasons, only authorized visitors are allowed in the workplace. All visitors should enter the Office at the Main Entrance. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the safety of their visitors. If an unauthorized or abusive individual is observed in the Town's work areas, employees should immediately notify their supervisor or, if necessary, direct the individual to the Chief Administrative Officer and otherwise refer to the Town's applicable Operations Policy Manual. Phone. Mail. Computer. Internet and E-Mail Usage Phones, computers, computer files, the Internet, the E-mail system, and software furnished to employees are the Town's property and (except as otherwise provided by this Policy) are intended to be used for the conduct of Town business only. To ensure compliance with this Policy and to address any potential security concerns, phone, mail, computer, Internet and E-mail communications and use may be monitored through video surveillance of non-private workplace areas or other monitoring techniques, files accessed and items inspected. Personal use of the phone will be permitted but only in respect of urgent matters. Employees must limit their personal use of the phone and will be required to reimburse the Town for all long distance or other charges incurred as a result of their personal use of the phone. Employees must refrain from sending or receiving personal mail from or to the workplace. The Town prohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the access, display or transmission of sexually explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-colour jokes, or anything that may be construed as harassment or showing disrespect for others. Employees may only use software on the local area network or on multiple machines according to the software license agreement. The Town prohibits the illegal duplication of software and its related documentation. Employees should notify their immediate supervisor, the Director of Finance or his or her designate or any member of senior management upon learning of violations of this Policy. Employees who violate this Policy will be subject to disciplinary action, up to and including termination of employment. c_; Performance Evaluations Performance evaluations are conducted at the end of an employee's probationary period, and annually 21 thereafter. The evaluation process shall include a review of the job description; an evaluation prepared by management/supervisor, with an opportunity for review and comment by the employee; and the establishment of objectives for the next following evaluation. Results of the evaluation process will be a factor in determining placement on the approved salary grid. 5.7 Equal Opportunity Employer It is the objective of the Town to provide equal employment opportunities without discrimination because of a person's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. 5.8 Criminal Reference Checks Consent for criminal reference checks may be requested of any employee. Any findings are to be discussed with the Chief Administrative Officer and the Director of Finance or his or her designate. 5.9 Recruitment Vacancies for permanent full-time and permanent part-time positions are to be advertised internally for a period of one week. It is suggested that an internal applicant advise their immediate supervisor of their intention to apply for a position before actually applying. The Town may elect to post an advertisement for a position externally at the same time that it is posted internally. Offers of employment will be prepared by the Director of Finance or his or her designate in consultation with the Chief Administrative Officer. All positions at the Director's level or above will be subject to Council approval. 5.1 O Workplace Security Every employee is responsible for making the workplace a safe and secure environment. Accordingly, all employees are required to comply with following security requirements: 1) Keys given to employees may not be duplicated or loaned to anyone. Lost keys must be reported to the Town immediately. Security codes or passwords must be kept in a secure location or committed to memory and are not to be disclosed to any unauthorized individual and not unless specifically directed by the Town to do so. 2) Each employee is responsible for turning off the lights and equipment, such as fans, heaters, radios, and computers, in his or her individual office or workspace at the end of each workday. 3) During work hours, purses and wallets should be placed in a secure location and should not be left visible to others. 4) Any employee who notices any unusual condition must report this condition to the employee's supervisor immediately. 5) Guests and visitors must not be permitted to walk through areas of Town Buildings or property that are generally accessible to the public unless specifically authorized to do so by a responsible Town supervisor. 6) Former employees of the Town must be treated as any other guest or visitor for security purposes. Employees are not to remain at their work locations after their working hours unless the Town has given prior approval. 5.11 No Pyramiding or Compounding All the employment benefits and terms of employment that are described in this Policy do not pyramid or u· compound. 22 /·"-\ / D CODE OF CONDUCT ( The purpose of this code of conduct for employees of the Town is to foster a common understanding of the fundamental rights, privileges, and obligations of employees. A code of conduct serves as a statement of principles of integrity, honesty, and impartiality, and recognizes that, as employees of a municipal corporation, employees of the Town are reposed with a public trust that they have a responsibility to uphold. Every employee has an obligation to the Town to report practices that are not in compliance with this Policy since it is in the best interest of the Town and all employees that are involved. 6.1 Hiring of Relatives 6.2 6.3 Relatives of employees currently employed by the Town or relatives of a member of Council or a local board may be hired, or may be continued in employment, only if they will be employed in a position that does not directly report to or supervise the relative. Employees may not be transferred into a reporting relationship. For the purposes of this Policy, a relative is defined as a spouse, common-law spouse, child, common- law spouse's child, mother, father, brother, sister, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, same sex partner, common-law spouse's mother, father-in-law, common-law spouse's father, grandparent, spouses grandparents, aunt, uncle. If the relative relationship is established after employment, the Town will determine which or both of the individuals concerned will be transferred or terminated from their employment. All employees are required to report relationships to the Town that would place them in violation of this Policy. If the relationship is found to have been deliberately concealed from the Town at the lime the second relative is hired or any time thereafter, the employment of one, the other or both of the relatives may be terminated. Conflict of Interest If a conflict of interest (potential or actual) exists because of an employee's personal interest (or the interest of a relative of the employee) in a property matter, a business dealing with the Town, or similar circumstance, the Town must be immediately advised of the potential conflict in writing by all employees concerned. Employees are required to use Form 2, attached to this Policy, for purposes of advising the Town of the conflict of interest. A conflict of interest (potential or actual) exists when an employee is in a position to influence a decision that may result in a personal gain or advantage for the employee or for a relative of the employee as a result of decisions or actions taken by the Town. For the purposes of this Policy, a relative is any person as defined in Section 6. 1. Once an employee has declared a conflict of interest, in accordance with this Policy, he or she will be relieved from any decision-making responsibilities in respect of the interest that has been disclosed. Employees who fail to report a conflict of interest (potential or actual) to the Town in a timely manner will be subject to discipline, up to and including termination of employment. Outside Employment Employees may hold employment outside of their employment with the Town so long as that employment does not conflict with their responsibilities or work schedule of their employment with the Town and they satisfactorily perform their job responsibilities with the Town. Employment in the same profession or occupation as that in which an employee is employed by the Town, requires written disclosure to, and approval by, the Chief Administrative Officer. 23 If the Town determines that an employee's outside work interferes with performance or the ability to meet the requirements of employment with the Town, the employee may be required to terminate the outside employment if the employee wishes to remain employed with the Town. 6.4 Confidential Information Confidential information shall only be released in accordance with the Municipal Freedom of Information and Protection of Privacy Act. All matters and information that come to be known by employees through the course of their employment must be treated as confidential by the employees and must not be released, disclosed, or discussed with any employee or third party without the express consent of the Town. A violation of this confidentiality policy will result in discipline, up to and including termination. Matters and information that may come to be known by employees through the course of their employment and which must be kept confidential include: Compensation data Personnel information Collection Roll Taxpayer and User Accounts Financial information Labour relations strategies Legal Opinions and Briefs Pending projects and proposals Pending Land purchases and sales All employees are required to sign the non-disclosure agreement, attached as Form 1 to this Policy, as a condition of employment. Employees who improperly use or disclose confidential information will be subject to disciplinary action, up to and including termination of employment. Employees may also be (~t I subject to legal action in respect of the disclosure, even in the case they not actually benefit from the L disclosure of the confidential information. ~:-:' 6.5 Media Relations To avoid transmitting misinformation or confidential information, the Mayor and the Chief Administrative Officer shall be the primary spokespersons and contacts to the media for the dissemination of information. Directors and managers are authorized to disseminate information regarding technical/administrative matters within their functional areas. In an emergency situation, the provisions of the Town's Emergency Plan prevail. The Chief Administrative Officer may appoint a designate in his absence. 6.6 Gifts and Other Benefits Employees must refrain from accepting gifts and other benefits from firms or individuals, and must not place themselves in a position where they are under obligation (real or perceived) to favour an individual or firm. If any question arises as to whether an employee should accept a particular gift, protocol or social obligation, the employee must consult with his or her supervisor and receive direction before accepting such gift, protocol or social obligation. 6.7 Political Activity Employees are encouraged not to get directly involved in a local government political campaign in the Town. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity and impartiality with which they must discharge their duties. I \ \~./ 24 Distribution of Literature I No Solicitation No employee shall cause any printed matter unrelated to the business of the Town and prepared outside of the normal course of the employee's responsibilities with the Town, to be circulated or posted on Town property without first obtaining the written approval of a Director or the Chief Administrative Officer. No employee shall solicit other employees of the Town, or third parties, during their working hours, in respect of personal or other business or matters not directly related to the business of the Town. 6.9 Use of Property Employees must not use Town property, equipment, supplies, or services for activities not directly related with the discharge of their official duties and responsibilities unless prior authorization is provided by the employee's supervisor. Jn no case shall employees use Town property, equipment, supplies, or services for personal gain. 6.10 Infractions 6.11 The following are examples of infractions of the code of conduct that may result in disciplinary action, up to and including, termination of employment: Compliance Falsification of timekeeping records Possession, distribution, sale or use of alcohol or illegal drugs in the work place Fighting or threatening violence in the work place Boisterous or disruptive activity in the workplace Insubordination or other disrespectful conduct Possession of dangerous or unauthorized materials Excessive absenteeism or tardiness or any absence without authorization Unsatisfactory performance or conduct Unprofessional dress, grooming, personal cleanliness including inappropriate display of a tattoo or piercing. Supervisors shall ensure that employees are made aware of and are in compliance with the terms of the code of conduct. Failure to comply with the terms of this code of conduct may result in dismissal or other disciplinary action. 25 7.0 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 7.1 Purpose The Town is committed to establishing and maintaining a work environment free from discrimination and harassment. The Town strictly prohibits discrimination and harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex partnership status, family status or disability (as all of those terms are defined and understood under the Human Rights Code). Any violation of this Policy will be considered serious and will result in disciplinary action, up to and including termination. The Town has implemented the following guidelines for handling a complaint of discrimination or harassment: 1) 2) 3) 4) 5) 6) A person who believes he or she is being harassed or discriminated should initially make it known that the action is unwelcome and will be reported unless it is stopped immediately. If the harassment or discrimination continues, a discrimination or harassment complaint must be reported as soon as possible. An employee has the right to report an incident of discrimination or harassment to any supervisor or other official of the Town. All reports of discrimination or harassment will be promptly and thoroughly investigated. Confidentiality will be maintained to the extent possible. The investigation will be objective and complete; all those with pertinent information on the subject will be interviewed. No employee will suffer reprisal for reporting an incident of discrimination or harassment or any other unlawful conduct, or for initiating or assisting in any action or proceeding regarding discrimination or harassment. When the investigation ends, a determination will be made, and the results will be communicated to the complainant, the alleged offender, and, as appropriate, to all others directly concerned. If discrimination or harassment is proven, prompt remedial action will be taken. This action includes the following: a) the offender will be disciplined and the complainant notified; b) steps will be taken to prevent any further offence; and c) other appropriate remedial action will be taken as may be required. Any complaint of discrimination or harassment that is found to be frivolous, malicious, or based upon false information will be considered to be serious workplace misconduct and will result in disciplinary action, up to and including termination of employment. 7.2 Investigation Procedure The Town has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: • Inform the complainant that an investigation is being conducted. • Interview both the complainant and the alleged harasser as soon as possible. • Interview any witnesses. • To the extent possible, the Town will keep all information, including the complaint and the statements of witnesses, confidential. • Render the decision, discuss the findings with the complainant and the alleged harasser, and take U any appropriate remedial action. 26 n .. 3 Discipline If the complaint is determined by the Town to have merit, then the Town may follow section 1.13 of this Policy for disciplinary actions in respect of the harasser. If the complaint is determined by the Town to lack merit, the Town will maintain a confidential file on the allegations in the Chief Administrative Officer's office. If the complaint is determined by the Town to lack merit and was made vexatiously, maliciously or in bad faith, the Town may follow section 1.13 of this Policy for disciplinary actions in respect of the complainant. 8.0 HEAL TH AND SAFETY COMMITTEES It is the policy of the Town to establish Joint Health and Safety Committees. The membership, appointments, and procedures of such Committees shall be as established from time to time, in accordance with the provisions of the Occupational Health and Safety Act. The Committees ensure, among other things, that information is provided to employees about workplace health and safety issues, ensures the Health and Safety Policies are up to date and posted, that training occurs, ensures that inspections occur and looks to provide recognition to employees where initiatives are taken to improve safety performance. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety rules or standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. Each employee's manager will evaluate that employee on health and safety in the annual performance appraisal. Candidates for employment or promotion will, when possible, be evaluated on performance and experience in respect of health and safety. In keeping with the Town's intent to provide a safe and healthy work environment, and to comply with the Smoking in the Workplace Act, smoking is allowed only in designated smoking areas, and in all work locations, smoking has been completely prohibited. 9.0 EXTERNAL COMPLAINT PROCEDURE The following procedure allows members of the public to express any problem, complaint or suggestion regarding an employee of the Town. Periodically, in a quarterly report, Council is to be made aware of all external complaints against employees in their departments. 1. The member of the public should complete a prescribed External Employee Complaint Form (Form 3 attached to this Policy or obtained from the Customer Service Centre or Corporate Office) or provide a written letter outlining the nature of their complaint. The External Employee Complaint Form is immediately forwarded to the Chief Administrative Officer. The Chief Administrative Officer will review the complaint and forward a copy of the Form to the complained of employee's immediate supervisor. 2. The complained of employee's immediate supervisor is required to respond to the complaint by requesting a meeting with the complained of employee within three (3) working days after the complaint is received by the immediate supervisor. Further information may be obtained from the complaining member of the public prior to or subsequent to this meeting. The Town may conduct further investigation as it, in the circumstances, deems appropriate. 27 The Director of Finance, or his or her designate, is required to attend the meeting with the complained of employee and his immediate supervisor. The Supervisor shall immediately document the discussion and within five (5) working days of the meeting shall prepare a written report including a recommendation for response to the complaint. This report shall be discussed with the complained of employee who is required to sign the report in acknowledgement. The complained of employee should be encouraged to provide written comment or comments that can be documented on the report at time of review. A copy of this report will be forwarded to the Director of Finance, or his or her designate. The complaint and its disposition will be filed in the employee's personnel file. 3. The Town will make every effort to comply with the time limits for processing complaints but circumstances may not make strict compliance possible or practicable. 4. Any disciplinary action deemed necessary will be prompt and impartial in accordance with Section 1.13 of this Policy. 5. If the complainant is not satisfied by the action taken as decided in paragraph 2 of this Policy, the complainant shall notify the Director of Finance or his or her designate in writing for review and consideration of the matter. The Director of Finance or his or her designate shall, within five (5) working days from receipt of written notice of the Complainant's dissatisfaction, inform the Supervisor of any further action that may be required. 6. The complaining member of the public may retract their complaint at any time during the complaint procedure. In the event of a retraction of the complaint, it will be at the discretion of the Director of (-;' Finance or his or her designate if the procedure is to continue or cease. _ 7. The Chief Administrative Officer must be kept appraised of all external complaints and retains full authority to make any adjustment deemed appropriate. The Chief Administrative Officer will inform the Mayor and Council as deemed appropriate. In the event that a complaint is received in reference to the Director of Finance, all reporting to the Director of Finance as set out in this Policy shall be made to the Chief Administrative Officer. In the event that a complaint is received in reference to the Chief Administrative Officer, all reporting shall be made directly to the Mayor and members of Council. 8. Repeated complaints from the same Complainant or complaints deemed to be of frivolous nature may, at the discretion of the Chief Administrative Officer and Mayor, not necessarily follow all steps in this procedure. 28 u Form 1 EMPLOYEE ACKNOWLEDGEMENT FORM & NON-DISCLOSURE AGREEMENT The Policy describes important information about the Town and my employment with the Town. understand that I should consult the Director of Finance or his or her designate regarding any questions not answered in the Policy. I have entered into my employment relationship with the Town voluntarily and acknowledge that the Policy is not intended to, nor does it, create an employment contract of any fixed duration and that either me or the Town may terminate the employment relationship at any time with only the notice, if any, that may be required by the Employment Standards Act. I understand that it is my responsibility to read and comply with the terms of the Policy and any revisions made to it. All such revisions will be communicated through official notices and I understand that revised policies may supersede, modify, or eliminate existing policies. The Council of the Town has the ability to adopt any revisions to the policies, as it deems necessary. Further, I acknowledge that the protection of confidential business and personal information is vital to the interests of employees, Councillors, ratepayers and the success of the Town. If I improperly use or disclose trade secrets or confidential business information, I will be subject to disciplinary action up to and including termination of employment and legal action even if I do not derive any personal benefit from the disclosure of the information. I confirm that I have received a copy of the Town's Policy. Date Employee's Signature Employee's Name (Please Print) Date Supervisor's Signature Supervisor's Name (Please Print) 29 Form2 EMPLOYEE DISCLOSURE OF INTEREST FORM Disclosure of Interest 1. Instructions An employee shall, as soon as the employee is aware of any interest, direct or indirect that he/she, or his/her family, may have in any matter under consideration by the council/local board or committees thereof, of by any officers or officials of the council/board, complete and file this declaration with the Chief Administrative Officer or appropriate supervisor as described in the Policy. This record shall be placed in the employee's personnel file and maintained there for the duration of his/her employment with the corporation. 1. Declaration of employee Name of employee In accordance with the Policy, I disclose an interest in the following matter under consideration by Provide a brief description of the matter: The general nature of the conflict of interest is as follows: I certify that the above information is true, correct and accurate. Signature of employee Date Date received by Chief Administrative Officer or Supervisor 30 () u Form3 EXTERNAL EMPLOYEE COMPLAINT FORM Instructions A member of the public shall, as soon as an incident that involves a Town employee takes place in which the member of the public is of the opinion that the employee acted in a manner that was not professional, honourable, courteous or consistent, shall complete and file this declaration with the Chief Administrative Officer in accordance with the Personnel Policy. This matter shall be addressed in accordance with Section 9, External Complaint Procedure., of the Town's Personnel Policy. Name of Employee ____________ _ Date of Incident In accordance with Section 9 -External Complaint Procedure, Personnel Policy, I disclose the following complaint and request consideration of this matter. Provide a brief description of the matter (additional information may be attached): I certify that the above information is true, correct and accurate. Signature of Complainant Date Address: Phone Number Please place this form in an envelope and mark it "Confidential" to the "Attention of the CAO". CAO Acknowledgment of Receipt Date Received 31 SCHEDULE A PERSONNEL POLICY RATES Section 2.9 (a) 2.9 (c) 2.9 (d) 2.9 (e) 2.9 (g) Item Clothing Allowance Mileage Meal Per Diems To a maximum of $261 per calendar year. Out of Town, $.52 per kilometer or In Town allowance to a maximum of $12.00 per day. To a maximum of $105 per day for an overnight event and a maximum of $32 per day for a single day event with the submission of conference or seminar details that indicate what meals are provided at the event. If meals are provided at the event, then a deduction for each meal provided of $15 for breakfast, $20 for lunch and $40 for dinner will be made from the maximum meal per diems. Per Diems To a maximum of $130 per day. Overtime/On Call Compensation To a maximum of $140 for a seven-day period plus an additional maximum of $27 for public holidays. 32 n u Ministry of Municipal Affairs and Housing Ministry of Finance Office of the Minister Frost Building South 7 Queen's Park Cr Toronto ON M7A 1Y7 Tel (416)-325-0400 Fax (416) 325-0374 www.fin.ontario.ca Office of the Minister 777 Bay Street Toronto, ON MSG 2E5 Tel (416) 585-7000 Fax (416) 585:6470 www.mah.ontario.ca r')h t ":> ·vr Ontario December 15, 2009 Dear Head of Council: We are writing to announce the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2010. We would also like to update you on the province's fiscal situation. As outlined in the Fall Economic Statement delivered on October 22, 2009, the province's fiscal situation has substantially worsened since the 2009 Ontario Budget The global economic crisis has had a significant impact on Ontario's revenues. As in other jurisdictions, we are projecting a much higher provincial deficit - $24. 7 billion for 2009-1 o. Our objective is to manage the deficit down over time while protecting key services for the people of Ontario. Municipalities are benefiting considerably from our decision to upload social assistance benefit program costs. Once fully implemented, these uploads, along with the upload of up to $125 million annually in court security costs, will result in a net benefit to municipalities of $1.5 billion annually. We will begin the phased upload of Ontario Disability Support Program (ODSP) and Ontario Works (OW) benefit costs in 201 O. This builds on our previous uploads of Ontario Drug Benefits (ODB) in 2008 and the administration component of ODSP in 2009. In 2010, we will provide $1.2 billion in support to 406 municipalities through the combined benefit of both the OMPF and the provincial uploads. The OMPF will total $625 million in 201 o. Combined with t~1e $570 million in provincial uploads, this represents a 26 per cent increase over the support provided in 2009. As you know, municipalities were notified last year that the $70 million provided in respect of OMPF mitigation was special one-time assistance for 2009 only. It was also conveyed that requests for further mitigation assistance in 2010 would have to be considered in the context of the province's worsening fiscal situation, the significant funding commitments already made to the municipal sector, and pressures in other key areas such as health and education. .. . ./cont'd -2- Given our significant investments in the municipal sector and. our current fiscal challenges, we will not be providing full mitigation beyond 2009. However, we will be providing $25 million in transitional assistance for 2010. This assistance is designed to ensure that eligible municipalities receive a guaranteed level of support based on the combined benefit of both OMPF and provincial uploads. The assistance is also targeted so that the guarantee for municipalities in the north is set at a higher level. This $25 million in transitional assistance is for 201 O only. Therefore, like all levels of government, municipalities should continue to exercise prudent fiscal management in their future budget planning. The Ministry of Finance's (MOF) Provincial-Local Finance Division will be providing further details on the 201 O OMPF, inclucling the targeted assistance, to your municipal Treasurers and Clerk-Treasurers shortly. This information and other supporting materials will be posted in both English and French on the MOF website: http://www.fin.gov.on.ca/en/budgeVompl/2010/ http://www.fin.gov.on.ca/lr/budgeVompf/2010/ Our record on supporting municipalities speaks for itself. Together with other provincial initiatives, we will have increased ongoing annual support to municipalities to more than $3.8 billion by 2018, an increase of over 250 per cent compared to 2003. Given Ontario's current economic challenges, our government's commitment to working in partnership with our municipalities is more important than ever. ~/!;~~~ -rpc Dwight Duncan Jim Watson Minister Minister Ministry of Finance Ministry of Municipal Affairs and Housing u (~\ Ontario Good Roads Association Municipal Delegation Requests for the 2010 ROMA/OGRA Combined Conference Th" Governmenl <1f Onl~11C- Process for M1n1s\ers· ancl Parliamenta.1; "''""'I"" Dfdegal1cn~ a: Rural Onla"o Mlmicipal tissoe,atmn t O~tm'~ Cou~ Roads ti.;;<Jc1atoon CROMAI OGF< •'.) Monr:lay, February 22nd anr:I Tuesr:lay. February 2lrr:I. 2010 ~aEJmon! Royal Y<.>r> Hmel 1 omn1c) On\~ TO ALL ROMA10•3RM DELEGAl Ef Delega!lons will l:Je held on Monday. February 22th and Tuesday, Febn1ary 23th at the Falnnont Royal York Hotel. lncl.vidual Ministers and ra1ha1nentary Assista011s -"''" bemg asked to Par1ic1pale n murncipal delegations Please note !hat not ell Minislers and Perl1amentary Assistants will be taking de1egal1i>n~ I! your munic1pel~y wishes k1 mee1 w~h a M1111ster or Parhamentary Assistant. we as~ that you complete and suDrnit 1he Oi\ljne fOITTl or fa' to 1he 'mmber listed below Please note. all request hrrns mus-, 1nc1uco t!w name of a contact person who is knowledgeable about the issue and available to respond lo ministry rnqu1nes in a timery-manne• The M1noslry of Municipal Affairs and H~w,1ng •MMAH; will respond to delegation requests for the Mln•ster of Municipal Affairs and Housing. MMAH will advise other M1111sters and Parilllmenlary Assisi ants of delegation requests: decisions on delegations will be made and given to you by the M1rns1ers reques1ed To max1m1ZE a<0eess m th(' Minister ofMun,c1pal Affairs anc Housing_ wtlare several municipalities wish to discuss the same issue with him 11 may De puss1ble to srrarg" 1n1nl meetings To ass1sl 1n exped~IJ'\9 your de1egat1011 re<111esi we asK that you l•se ~le Mumc1pal Delegation Request Form rather than going through your MPP or directly to the Ministers' Of11r.es In order to bette• lac1l•ta1e the mumcipal~1es in t1eir conf"rence plans. by advising you of your delegation time in ad~ance. no delegatlon requests will bt-accepted after the DEADLINE of M•>nday, February 1st. Mun1c1paltties Wiii be wniecled l:ly the 1esueellvE Min1S1nes alxlu1 their requests and 1! applicable. the meeting tjme and location, approximately one week before lhe Conference If you are requesnng a rnee11ng wnh mare t11a1. one Minister, please complete OIJE FORM PER REQUEST We ask that delegates not mee1 with mo1e than one M1n1star C•ll a goven issue fo mef:e tl1e rnos1 of the delegation time aoa1lable {tlelegat1ons usualty run 15 minutes). please ask to d•scuss your issue unly 1Jilh the M1n1ster "' Parl1amentary Assistant responsible for I hat issue. Please click here to fill out the Oelegat1on Request Form. You wm be redlra<:ted to ttre MMAH elte. http://www.ogra.org/OneltemPage.asp?itemcode~OGRA-CONF-PROVINCIAL Page I of! 117/2010 (\ l) THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3399 A BY-LAW to amend the Town ofTillsonburg Personnel Policy. WHEREAS The Town ofTillsonburg is desirous of amending the Personnel Policy; THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Policy marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg. READ A FIRST AND SECOND TIME THIS nth DAY OF January 2010. READ A THIRD AND FINAL TIME AND PASSED THIS 251h DAY OF January 2010. MAYOR-Stephen Molnar THE CORPORATION OF THE TOWN OF TILLSONBURG PERSONNEL POLICY Amended January 2010 I Table of Contents n Section No. And Title Page No. Introductory Statement 4 1.0 Employment Conditions/Work Hours 5 1.1 Hours of Work 5 1.2 Flexible Scheduling 5 1.3 Rest and Meal Periods 6 1.4 Timekeeping 6 1.5 Payday 6 1.6 Pay Advances 6 1.7 Administrative Pay Corrections 6 1.8 Pay Deductions 6 1.9 Overtime 7 1.10 Vacation and Vacation Pay 8 1.11 Public Holidays and Public Holiday Pay 9 1.12 Rates of Pay 10 1.13 Discipline/Termination/Problem Resolution 10 1.14 Termination of Employment 11 2.0 General Employment Benefits 11 2.1 Regular Attendance and Pay During Sick Leave 11 () 2.2 Absence and Lateness Reporting/Call In 12 2.3 Personal Days 12 2.4 Short-Term Disability Benefits 12 2.5 Long-Term Disability Insurance 13 2.6 Employees Injured on the Job 13 2.7 Group Insurance 14 2.8 Pension 14 2.9 Miscellaneous 14 3.0 Educational Assistance 16 4.0 Leaves of Absence 16 4.1 Personal Leave of Absence 16 4.2 Sick Leave and Short-Term Disability Leave 17 4.3 Long-Term Disability Leave 17 4.4 Pregnancy, Parental Leave and Family Medical Leaves 18 4.5 Bereavement Leave 19 4.6 Time Off to Vote 19 4.7 Jury Duty 20 4.8 Witness Duty 20 u 2 ('\ Table of Contents Continued Section No. And Title Page No. 5.0 Other Employment Regulations 20 5.1 Probationary Period 20 5.2 Retirement 20 5.3 Use of Vehicles and Equipment 20 5.4 Visitors in the Workplace 21 5.5 Phone, Mail, Computer, Internet and E-Mail Usage 21 5.6 Performance Evaluations 21 5.7 Equal Opportunity Employer 22 5.8 Criminal Reference Checks 22 5.9 Recruitment 22 5.10 Workplace Security 22 5.11 No Pyramiding or Compounding 22 6.0 Code of Conduct 23 6.1 Hiring of Relatives 23 6.2 Conflict of Interest 23 6.3 Outside Employment 23 6.4 Confidential Information 24 6.5 Media Relations 24 6.6 Gifts and Other Benefits 24 (--" \. 6.7 Political Activity 24 \. J 6.8 Distribution of Literature/No Solicitation 25 6.9 Use of Property 25 6.10 Infractions 25 6.11 Compliance 25 7.0 Discrimination and Harassment in the Workplace 26 7.1 Purpose 26 7.2 Investigation Procedure 26 7.3 Discipline 27 8.0 Health and Safety Committees 27 9.0 External Complaint Procedure 27 Form 1 Employee Acknowledgement Form & Non-Disclosure Agreement 29 Form 2 Employee Disclosure of Interest Form 30 Form 3 External Employee Complaint Form 31 Schedule A Personnel Policy Rates 32 (_; 3 INTRODUCTORY STATEMENT This Personnel Policy (the "Policy") is intended to inform all employees of the rights, privileges and benefits of their employment with the Corporation of the Town of Tillsonburg (the "Town") and what the Town expects of them in respect of their employment. The Town is structured under the Chief Administrative Officer system of governance. The Mayor and Council will retain overall responsibility for personnel management through the Chief Administrative Officer for the Town. Council will be responsible for setting policy for the management of the Town's resources and for determining priority in policy execution. The Director of Finance, or his or her designate, will assume responsibility for advising on human resource matters to ensure compliance with both federal and provincial legislation and policies and procedures adopted by municipal by-laws. The Town's managers will be responsible for ensuring that these policies are implemented and observed. This Policy covers Full and Part-time employees of the Town, its local boards, commissions and any appointments made by Council. Council members will not become directly involved in the discharging of the Town's administrative functions or in the operation of its facilities and equipment. The Town's managers will be expected to keep Council informed of any changes in the ordered priorities. This Policy is compliant with all primary labour and employment statutes including the Employment Standards Act, Human Rights Code, Workplace Safety and Insurance Act, Occupational Health and Safety Act, and Labour Relations Act. n In the case employees have contracts of employment or other agreements which establish and govern their employment, those contracts of employment and other agreements shall apply to their employment r_··_· ·•. ; instead of this Policy, except if the contrary is specifically noted. "=- u 4 (·'·1 EMPLOYMENT CONDITIONS/WORK HOURS For purposes of this Policy, Full-time employees may be either salaried or hourly employees who are regularly scheduled to work at least 35 hours per week. Generally, Full-time employees are eligible for group insurance arranged by the Town, subject to the terms, conditions and limitations of the group insurance. For purposes of this Policy, Part-time employees are those who are regularly scheduled to work less than 35 hours per week in one or more positions. Part-time employees are not eligible for group insurance arranged by the Town. Part-time employees are eligible for insurances, required to be provided by statute, like employment insurance and workplace safety insurance. 1.1 Hours of Work The following is intended to define the normal hours of work for Full-time and Part-time employees. In describing the normal hours of work, the Town is expressly not providing a guarantee to employees of either specific hours of work or the number of hours of work. All hours described are subject to be modified by the Town in accordance with its operational requirements. • Office Employees Normal hours of work for Full-time employees employed in an office, clerical or engineering capacity are 7 working hours per day exclusive of the unpaid meal period described in this Policy and a normal working week of 35 hours, exclusive of unpaid meal periods, save for Customer Service Representatives whose normal hours of work shall be either 7 working hours per day or 11 working hours per day, exclusive of unpaid meal period(s) and a normal working week of 35 hours, exclusive of unpaid meal periods. • Operations Employees Normal hours of work for Full-time employees employed in an operations capacity, which includes all employees other than employees employed in an office or clerical capacity, are 8 working hours per day exclusive of an unpaid meal period and a normal working week of 40 hours, exclusive of unpaid meal periods. • Part-time Employees Normal hours of work for Part-time employees will vary and may be up to 34 hours per week from Sunday to Saturday inclusive. Supervisors will advise employees of the times of their working schedules, including the normal start and end times of their working day. As described above, the Town's operational requirements may necessitate temporary or permanent changes to start and end times to an employee's working day, temporary or permanent changes to the days of the week scheduled, as well as temporary or permanent changes to the total number of hours that may be scheduled each day and week. 1.2 Flexible Scheduling Flexible scheduling ("Flextime") is available for some positions to allow employees to vary their start and end times each day within established limits. Both the Director and the employee's Supervisor/Manager must approve all Flextime arrangements. Requests for Flextime arrangements must be made directly to the employee's supervisor or manager. Approval of such requests lies wholly within the discretion of the Town. Without limiting its discretion, the Town intends to consider, inter alia, staffing and other operational requirements, the employees' performance, and the nature of the job before deciding on a request for a Flextime arrangement (Note: a Flextime arrangement is not time off in lieu of overtime). 5 1.3 Rest and Meal Periods In each working day, an employee shall be permitted, at such times as may be designated by his supervisor, the following: a) Two 15 minute paid rest periods; and: b) Office employees, except those described at paragraph b) i): a one-hour unpaid lunch period. i) Customer Service Representatives: a one-half hour to one hour unpaid lunch, depending on the work schedule and as shall be determined by the employee's supervisor, and a one-half hour unpaid dinner period. c) Operations employees: a one-half hour unpaid lunch period. 1.4 Timekeeping All employees are required to submit timesheets, as may be required, on a weekly basis and in the form directed by the Town. Employees are required to accurately record the time actually spent performing their assigned duties. Employees are also required to accurately record any departure from work, including for personal reasons (as may be approved by their supervisor), vacation or public holidays and sick leave. 1.5 Payday Employees will be paid bi-weekly. The payroll period begins on a Sunday and ends on the 2nd Saturday following. Each employee will be provided a statement of earnings and deductions for the payroll period. In the event that a regularly scheduled payday falls on a day other than regular business day for the Town, employees will receive pay on the last regular day of business prior to the regularly scheduled c·._··.·, payday. 1.6 Pay Advances The Town does not provide pay advances on wages to employees. 1.7 Administrative Pay Corrections In the event that there is an error in the amount of pay provided to an employee, an employee should promptly bring the discrepancy to the attention of their supervisor. Any required corrections will be made as quickly as possible. 1.8 Pay Deductions The Town must make certain deductions from every employee's pay, including applicable Federal and Provincial income taxes, Employment Insurance premiums, and Canada Pension Plan contributions, in the amounts stipulated by legislation. In addition, membership in the OMERS Plan is mandatory for certain employees and, amounts as directed by the OMERS Plan, are deducted from each participating employee's pay. Employees should consult their supervisor to determine their eligibility and obligations in respect of the OMERS Plan. Where the Town offers programs, benefits and insurances beyond those required by law, eligible employees may be required to, or may voluntarily, authorize deductions from their pay to cover the costs of participation in these programs. u 6 (\9 \ Overtime (-) u Office Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) Employees will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. iv) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three months of the work week in which the overtime was earned, or 12 months if the employee and the Town so agree. v) All hours up to 40 hours in a week, whether or not an employee's normal hours of work are less than 40 in a week, will not attract overtime pay or be compensated as described in paragraph iv. Operations Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) Employees employed in the Operations Department, other than employees working in Hydro functions, former PUC and Works departments, will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. Employees who work in Tillsonburg Hydro functions and employees of the former PUC will be paid overtime pay of two times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. Employees in the Works department when called into work will be paid overtime pay for hours worked on a Sunday or statutory holiday at two times their regular straight time rate of pay. iv) Employees attending to work for overtime hours, when called in, shall receive the greater of their actual hours worked at the overtime rate, or two hours pay at the appropriate overtime rate, which for employees working in Operations is two times their regular straight time rate of pay. · v) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three months of the workweek in which the overtime was earned, or 12 months if the employee and the Town so agree. Senior Employees i) No overtime shall be worked except as authorized by the employee's supervisor or Chief Administrative Officer. ii) All eligible time shall be calculated to the nearest Y. hour upwards. iii) Employees listed in sub-paragraph iv (the "Ineligible Senior Employees") shall not be eligible for overtime pay. iv) The Ineligible Senior Employees are: the Chief Administrative Officer, Director of Finance, Director of Corporate Services, Director of Operations, Director of Community Services, Fire Chief Deputy Fire Chief and Development Commissioner. v) Other senior employees may have their eligibility for overtime pay limited or eliminated by an employment contract or agreement. Part-time Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest Y. hour upwards. iii) All overtime will be paid at one and one-half times the employee's regular straight time rate of pay for all hours worked in excess of 44 hours in a week. 7 General Rules Applying to Overtime n In all cases, the Town reserves the right to schedule overtime. In most cases, the Town will first seek volunteers from amongst employees that are qualified to do the work required. However, where there are no qualified volunteers, the Town will schedule employees for overtime. Employees who are so scheduled are expected to report for work except where extraordinary circumstances would prevent their attendance. Where an employee offers or is required to work overtime, and the Town approves such work in advance, the employee is entitled to be paid the applicable overtime rate. Subject to the terms of the Employment Standards Act, "hours worked" for the purposes of this Policy shall not include time not worked, including time for which employees are paid, save and except for rest periods. 1.10 Vacation and Vacation Pay All vacation and vacation pay shall be based on the employee's anniversary date, and, generally, must be earned in advance. Full-time employees shall be eligible for vacation and vacation pay in accordance with the following: Years of Eligible Service Upon initial eligibility (12 mos.) 4 years 10 years 18 years 25 years Vacation Two weeks Three weeks Four weeks Five weeks Six weeks Vacation Pay 4% of wages earned 6% of wages earned 8% of wages earned 10% of wages earned 12% of wages earned In addition, Full-time employees shall be entitled to a single floating vacation day, with pay at the employee's regular straight time rate of pay, in each calendar year. A vacation week shall consist of the number of days in the employee's regularly scheduled workweek. Vacation, except the floating vacation day, is required to be taken in weekly blocks unless the employee requests otherwise in writing and the Town agrees. In no case will the Town agree to vacation in less than a half day block. All Part-time employees, irrespective of years of eligible service, shall be eligible for 2 weeks vacation and vacation pay equal to four per cent of the wages earned, excluding vacation pay. Vacation pay will be paid to Part-time employees bi-weekly in accordance with the Town's customary payroll practice. Vacation pay will be calculated on the regular wages earned by the employee during the twelve-month period for which the vacation is given. Regular wages do not include overtime pay or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Employees entitled to 4% of wages as vacation pay shall have their vacation pay based on all wages, excluding vacation pay, earned during the period for which the vacation or vacation pay is given. Vacation must be taken as time off. No cash payment in lieu of vacation will be made. Generally, vacation days may not be taken in advance of being credited. If an employee requires vacation days prior to being credited with sufficient days, that employee may request in writing and, at the discretion of the Town, may be granted the vacation days requested up to a maximum of five days. Vacation of up to one week may be carried over into the employee's next vacation year, if approved by the respective Director or Chief Administrative Officer. 8 U . ( To schedule vacation, employees must submit their request for vacation to their supervisor on or before February 1 of each year. The supervisor will approve or deny the vacation request based on the Town's operational requirements. A request for vacation of longer than two weeks will also require the approval of the Director or the Chief Administrative Officer. All employees at the manager level and above should send an email to their Director and copy Council, one week in advance notifying them of their vacation request, which must be approved by a manager of higher authority or by Council, as appropriate. Accrued vacation pay shall be paid to the employee on the regular pay date occurring during the period of the vacation, unless the employee and the Town agree otherwise. When a public holiday occurs during an employee's vacation, the Town shall substitute another day that would ordinarily be a working day for the employee to take off work for which the employee will be paid public holiday pay as if the substituted day were a public holiday. The substituted day must be scheduled within three months of the public holiday, or 12 months if the employee and the Town so agree. 1.11 Public Holidays and Public Holiday Pay Each employee is entitled to a holiday with public holiday pay on each of the following public holidays: New Year's Day Victoria Day Family Day Good Friday Canada Day Easter Monday Civic Holiday Labour Day Boxing Day Thanksgiving Day Christmas Day Part-time employees are not eligible to receive a holiday with public holiday pay on Easter Monday or the Civic holiday. To be eligible for public holiday pay, employees must work all of their last regularly scheduled day of work before the holiday and all of his or her first regularly scheduled day of work after the holiday, unless the employee had reasonable cause for not so working. Public holiday pay for Full-time employees will be equal to the employee's regular wages for a regular work day, except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on the employee's regular wages for a regular work day but shall be prorated having regard for the part of the day that is observed as the public holiday. Public holiday pay for other employees will be equal to the employee's regular wages earned and vacation pay payable to the employee in the four weeks before the work week in which the public holiday occurred, divided by 20, except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on such formula but shall be prorated having regard for the part of the day that is observed as the public holiday. If the Town and employee agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, the Town shall pay to the employee wages at his or her regular straight time rate of pay for the hours worked on the holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a holiday or the Town shall pay to the employee holiday pay for the day plus one and one half times the employee's regular straight time rate of pay for each hour worked on the 9 public holiday. In addition to the public holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional public holidays, provided, however, that Christmas and New Year's half day public holidays will be observed on the working days preceding the respective holidays except when Christmas Day and New Year's Day falls on Saturday, Sunday, or Monday in which case the half holiday will be observed on the preceding Friday afternoon. The exact dates to be taken off shall be at the discretion of the Chief Administrative Officer. 1.12 Rates of Pay The regular straight time rates of pay applicable to each position classification shall be as specified from year to year by Council. Employees working in Hydro functions, Works, or Water departments will be paid a premium of $1.00 per hour over their regular straight time rate of pay for each hour they are assigned to act as a sub-foreperson, provided that such assignment is approved by the appropriate Director. 1.13 Discipline/Termination/Problem Resolution The Town's own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform and impartial. The major purpose of a disciplinary action is to correct a problem, prevent recurrence and prepare the employee for satisfactory service in the future. Progressive Discipline To the extent appropriate in the circumstances, the Town will follow a progressive discipline policy, with disciplinary consequences advancing in severity with each incident deserving of discipline. Any violation n of a rule or policy contained in this Policy will be considered to be an incident deserving of discipline, (-) notwithstanding that the rule or policy breached may not specifically describe discipline as a ~ consequence. In certain circumstances, the Town will, having regard to the severity of the incident, the employee's performance, workplace habit or other workplace conduct, advance past a step or steps in the scale of progression, including directly to termination. In cases of the least serious nature, the Town may repeat a step in the scale of progression. The Disciplinary Scale of Progression is as follows: ~ Counseling ~ Verbal Warning ~ Written Warning ~ Suspension ~ Termination Problem Resolution The Town is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion or question receives a timely response from the Town's management. Employees are encouraged to offer positive and constructive criticism. If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concern through the problem resolution procedure, using the following steps. No employee will be penalized, formally or informally, for using the problem resolution procedure. The employee, at his or her election, may discontinue the procedure at any step. Step 1. Employee presents issue to immediate supervisor after incident occurs. In a situation where it U would be inappropriate to contact the employee's immediate supervisor, the employee may 10 present the issue to the Director of Finance or his or her designate or to the Chief Administrative Officer, or, if the immediate supervisor is the Director of Finance or Chief Administrative Officer, to Council in care of the Mayor. Step 2. Supervisor responds to the issue after consulting with appropriate management or other interested parties as may be appropriate; Supervisor documents discussion. Step 3. If the employee is not satisfied with the supervisor's response, he or she may present issue to the Director of Finance or his or her designate or Chief Administrative Officer. Step 4. The Director of Finance or his or her designate or Chief Administrative Officer reviews and considers the issue, assists in putting the problem in writing, meets with the employee's supervisor(s) or manager(s) as may be appropriate. The Director of Finance or his or her designate or Chief Administrative Officer provides written response. 1.14 Termination of Employment 2.0 (-'\, \. / 2.1 While the Town hopes that the employment relationship is a long and mutually satisfying one, the Town can make no assurances concerning the duration of an employee's employment with the Town. Either the employee or the Town may terminate employment at any time without notice, except as that which may be required by the Employment Standards Act. GENERAL EMPLOYMENT BENEFITS The Town provides certain employment benefits to eligible employees as described in this Policy. Where noted, the employment benefits are provided through contract(s) of insurance and the Town pays certain premiums for the insured benefits only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier and benefits are subject to the terms of the applicable contracts. Employment benefits, including insurance coverage, are subject to change. Regular Attendance and Pay During Sick Leave Regular attendance is vital to maintaining a productive and efficient workplace. While the Town recognizes that illness or other important matters may keep an employee from work from time to time, there is an expectation that these instances will be kept to a minimum. Excessive absenteeism impacts everyone, and will be dealt with on a case-by-case basis. In every case, employees will be provided opportunity, support and counselling, as may be appropriate, to correct the problem of irregular attendance. All Full-time employees are eligible to request paid sick leave in the case of personal illness or non-work related accident that requires an absence from work of five days or less. For personal illness or non-work related accident that requires an absence from work of more than 5 days, section 2.4 of this Policy applies. The Town will determine whether to approve any request for sick leave having regard for the information and medical evidence available to it. The Town reserves the right to deny requests for sick leave made pursuant to this Policy and to determine whether an employee has excessive absenteeism and has abused or misused this Policy. In the latter cases, an employee may be subject to discipline, up to and including termination, in accordance with section 1.13 of this Policy. Absenteeism is considered excessive if an employee has seven or more absences within a twelve-month period. Refer to Sections 2.2 and 4.2 of this Policy for requirements to provide proper notice to the Town 11 and to provide medical certificates supporting a request for leave. 2.2 Absence and Lateness Reporting/Call In As soon as an employee becomes aware that he or she will be absent or late for work, he or she must call his or her supervisor to report the absence or lateness. In any event, the absence or lateness must be reported to the employee's supervisor or manager within one-half hour of the commencement of the absence or lateness (usually the beginning of the employee's regular start time). If the supervisor is unavailable, after the employee makes all reasonable efforts to contact the supervisor, the employee shall inform another person in the Department in which the employee is employed who shall be requested to convey a message to the supervisor. A failure to report a lateness or absence as required .by this Policy will result in discipline, up to and including termination. A failure to report a lateness or absence, as required by this Policy, for three consecutive days will result in the Town considering the employee to have abandoned his or her employment. The employee's employment will be terminated at that time. Exceptions will be made only in the most extraordinary of cases. Excessive absences or lateness, which have not been excused by the Town, will result in disciplinary action, up to and including termination. All absences or lateness for which an employee seeks to be excused must be supported by appropriate documentation. Except in extraordinary cases, an absence or lateness for which an employee is unable or unwilling to provide documentation will not be excused. Even absences or lateness that are excused by the Company may result in an employee receiving counselling to determine whether and to what extent the absences and lateness can be reduced. {\ ~ 2.3 Personal Days All Full-time employees are eligible to claim up to 2 personal days per calendar year, subject to the approval in advance by the employee's supervisor, to cover non-sick leave situations that require the employee to be absent from work, such as a sick child or a parent who is ill, legal appointments, etc. The employee will be required to provide support for the reasons for the absence (including documentation) as may be required by the Town. The 2 personal days may not be carried forward and will not be paid out. 2.4 Short-Term Disability Benefits Full-time employees who have completed their probationary period are eligible to claim for short-term disability benefits on the event of an illness or non-work related injury that requires the employee to be absent from work for five consecutive days or more. A detailed medical certificate issued by a qualified physician must support a claim for short-term disability benefits. If a claim for short-term disability benefits is approved by the Town, benefits may be paid for a period of up to 26 weeks per single disabling event or related disabling events, in accordance with, and to the maximum weeks and amounts provided by, the following schedule, and on the further condition that the employee continues to provide the Town with detailed medical certificates, if and when requested by the Town, updating the status of the employee's illness or non-work related injury, the requirement to be absent from work and medical restrictions, if any. 12 u (' 2.5 2.6 Benefit Weeks 75% of Length of Service Full Salary Salary Less than 1 year 1 25 1 year but less than 2 years 2 24 2 years 3 years 4 22 3 years 4 years 6 20 4 years 5 years 8 18 5 years 6 years 11 15 6 years 7 years 14 12 7 years .. 8 years 17 9 8 years .. 9 years 21 5 Over 9 years 26 0 Refer to Section 2.2 for notification requirements. Approved benefits under this section shall be payable effective commencing the first day of the eligible absence from work as a result of the illness or non-work related injury for which no other compensation has or will be received by the employee. All applicable deductions will be made from the benefits payable to employees. Long-Term Disability Insurance The Town has arranged for a Long-term Disability Insurance Plan (LTD) which provides eligible Full-time employees who have completed their probationary period with insurance coverage equal to 66.7% of the first $2,250 of basic monthly earnings and 40% of the balance up to a maximum of $4,000 per month, payable up to age 65, after a continuous 26 week period of disability is satisfied (Please refer to your Group Insurance Booklet to obtain the specific details). During the 26-week waiting period, the employee may be eligible for benefits under the Short-term Disability Plan described at section 2.4 of this Policy. To qualify for benefits under the LTD plan, an employee must meet the requirements of the insurance plan and provide evidence of the disability that is satisfactory to the insurance carrier. All decisions as to the eligibility for benefits rest solely with the insurance carrier. For more information on the terms of the LTD plan, please request the contact information of the insurance carrier from the Director of Finance or his or her designate. Employees Injured on the Job An employee who is injured while at work and as a result of such injury is certified by a qualified physician as unfit to complete work on the day of the injury, shall not suffer a loss of regular straight time pay for the day of the injury and no deduction will be made from sick leave credits with respect to that particular working day. Employees who sustain work-related injuries or illnesses must inform their supervisor immediately in order not to affect any benefits that they may be entitled to under the Workplace Safety and Insurance Act (the "Act"). Where a Full-time employee is absent from work as a result of an illness or injury covered under the Act, and is in receipt of benefits under the Act, the following applies: In respect of Full-time employees who satisfy the conditions stipulated above, the Town shall continue to pay the Town's normal share of the premiums for the group insurance that that employee would otherwise be entitled to for the period required by the Workplace Safety and Insurance Act, provided that l) the employee pays the employee's share of the premiums, if any. 13 A Full-time employee shall not suffer loss of regular straight time pay for the period beginning on the first day of an absence from work as a result of an illness or injury for which benefits are payable under the Act and ending on the date that benefits are no longer payable under the Act. In the case that the Town makes a payment to an employee in respect of a period for which the employee also receives a payment from the Workplace Safety and Insurance Board, the employee shall remit the payment (or the value of the payment) to the Town, except any payment that relates to an award of non-economic loss ("NEL" Awards). 2.7 Group Insurance The Town presently pays premiums on behalf of eligible Full-time employees for group insurance which consists of the following group benefits: l> Life Insurance l> Critical Illness Insurance l> Extended Health Insurance l> Deluxe Travel Insurance, and l> Dental Insurance The Town pays certain premiums for the described group insurance only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier, and are subject to the terms of the applicable insurance plan. Premiums are only paid on behalf of eligible Full-Time employees who are actively employed, except as specifically described in this Policy. n Please refer to your Group Insurance Booklet to obtain specific details of the insured benefits and to C~~\ determine the rules respecting eligibility and exclusions for insurances. 2.8 Pension Participation in a pension, administered by and in accordance with the provisions of the Ontario Municipal Employee's Retirement System (OMERS), is compulsory for every Full-time employee of the Town from the date of hire. Participation in OMERS is optional for certain Part-time employees. To determine whether you qualify or are required to participate in OMERS please contact your supervisor. 2.9 Miscellaneous a) Clothing Allowance The Town will assist, in accordance with Schedule A to this Policy, each Full-time employee employed in an Operations capacity with the purchase of clothing required for the conduct of the employee's duties. The payment shall only be made upon submission of the appropriate receipts. b) Safety Equipment Safety equipment shall include, but is not limited to, CSA safety boots, gloves, fluorescent safety wear, safety glasses, hearing protection, etc. The Town shall provide such equipment to the employee as determined by the employee's supervisor and as job conditions warrant. c) Mileage Employees using personal vehicles, as approved by the employee's supervisor, or CAO in the case of the in-town rate, while on business for the Town, Tillsonburg Hydro Inc. or the Tillsonburg Police Services Board shall be reimbursed at a rate in accordance with Schedule A to this Policy. 14 u l) d) Meal Per Diems Employees, Councillors, and members of the boards of Tillsonburg Hydro Inc. and the Tillsonburg Police Services Board may claim, and the Town may approve, reimbursement for meal per diems where: the Director has approved the event which required the employee to attend; the employee is involved in a meeting or seminar where such employee cannot bring a lunch, or the meeting is outside of the geographic boundaries of the Town, or the meeting is during the day and includes lunch as a business lunch. Approved meal per diems will be paid in accordance with Schedule A to this Policy with the submission of conference or seminar details outlining whether meals are provided as part of the conference or seminar. e) Per Diems Councillors and members of the boards of Tillsonburg Hydro Inc. and the Tillson burg Police Services Board are eligible to be reimbursed in accordance with Schedule A to this Policy for attendance, in their official capacities, at outside meetings, seminars, conventions or conferences. The reimbursement for this per diem is through the payroll system, will include travel time and will be prorated to the nearest half day. For instance, if the conference begins in the afternoon or evening and the time spent including travel time is less than 3.5 hours, then the per diem will be one half of the per diem rate. f) Seminars, Conventions and Conferences Employees, Councillors, members of the Boards of Tillsonburg Hydro Inc. or the Tillsonburg Police Services who are required to attend approved seminars, conventions or conferences, will be reimbursed upon providing receipts for expenses relating to the registration fee, accommodations, travel, parking and communications. All costs related to a companion who attends the seminar, convention or conference, will not be paid by the Town. Employees should also consult the Town's Conference and Training Policy which supplements this section of the Policy. g) Overtime/On Call Compensation Compensation for an employee required to be on stand-by is in accordance with Schedule A to this Policy. h) Professional Membership Dues The Town may, in its discretion, reimburse membership dues paid by employees for membership in professional associations required by, or directly related to, the employee's employment with the Town. Requests to be reimbursed for membership dues must be made in writing, together will all relevant details, to the Chief Administrative Officer. i) Parking If an employee is required to use a vehicle on Town business and receives a parking ticket as a result of getting delayed in a meeting or other similar event that was not reasonably foreseeable, the Town will pay the cost of the ticket. U) Health Club Membership The Town will offer Full-time employees and members of Council a 100% discount on an adult regular membership fee (for personal use by the employee) in the Town's Community Centre Health Club, Squash, Tennis and Swimming Pool Facility. 15 3.0 4.0 EDUCATIONAL ASSISTANCE The Town may provide educational assistance to eligible Full-time and Part-time employees who have completed their probationary period in an eligible employment classification. Employees must remain in active employment and be performing their job satisfactorily through to the completion of the course for which educational assistance is claimed. An employee must acquire all the details regarding the course (including the educational institution the course is offered through, the full course description, the cost of the course, the program through which the course is offered, and the relevance of the course to the employee's employment with the Town). The employee must then submit a written request to the Town (accompanied by information described in this Policy) for educational assistance. The request for educational assistance will be reviewed and a decision will be made as to whether the course qualifies for educational assistance. The Town reserves the right to reimburse none, some or all of cost of the educational course. All approvals for education assistance must be received prior to the employee commencing the course for which the education assistance is sought and will be subject to the condition that the employee achieves a final grade of at least 60%, or equivalent, (where the course is graded in that manner) or present a certificate of completion where only a certificate of completion is presented to successful participants. While educational assistance is expected to enhance an employee's performance and professional abilities, the Town makes no representations that participation in formal education will entitle the employee to advancement, a different job assignment, or pay increases. LEAVES OF ABSENCE n 4.1 Personal Leave of Absence • A personal leave of absence under this Policy is defined as an approved leave of an employee without pay. • An employee is required to make advance application, in writing, to his/her immediate supervisor who shall review the request with the Director involved and assess it against the operational requirements of the Town or any other relevant factor. The Town will make all decisions in respect of requests for personal leave of absence and its decision is final. • Except as identified in this Policy, or in the most extraordinary of circumstances, a personal leave of absence will not be granted for a period exceeding 30 calendar days. • In the event an employee wishes to use a personal leave of absence to extend a pregnancy, parental or compassionate leave, the 30 calendar day period may be extended to not more than 90 calendar days. • All personal leaves of absence approved under this Policy shall be on condition that the leave of absence results in no cost to the Town, including costs related to the premiums for group insurance. • While an employee is on a personal leave of absence under this section, group insurance will be administered on the following basis: i) In the event the personal leave of absence exceeds 10 working days but is less than 30 calendar days, group life and extended health insurance may be maintained at the employee's expense. In U 16 any case where a leave of absence exceeds 10 working days, the short term disability benefits described in this Policy that would otherwise be available to employees shall not be available. ii) If the employee wishes to maintain the benefit coverage noted above, arrangements, in writing, are to be made prior to commencement of the leave of absence and payment of the total premium involved is to be made by the employee to the Town prior to the commencement of the leave. Failure by the employee to notify the Town in writing of his desire to maintain available benefit coverage and make full payment for the premium associated with the group insurance shall result in the insurance coverage lapsing and otherwise not covering the employee for the period of the leave of absence (and beyond). iii) No OMERS contributions will be made by either the Town or the employee in respect of any personal leave of absence, but the employee may arrange with OMERS to contribute, at the employee's expense, for the broken service period on behalf of both the employee and the Town, subject to OMERS regulations. 4.2 Sick Leave and Short-Term Disability Leave () A sick leave or short-term disability leave may be granted to employees who are required to be absent from work due to sickness or injury unrelated to work. In order to qualify for either a sick leave or a short- term disability leave, employees are required to notify their immediate supervisor of their inability to be at work because of sickness or disability, as required by section 2.2 of this Policy. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician. The Town will pay or reimburse the employee for the cost of the first medical certificate. Failure to comply with the request to provide a detailed medical certificate in support of the request for leave may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment. If an employee is approved by the Town for sick leave or short term disability leave, the Town shall continue to pay the Town's normal share of the premiums for the group insurance that that employee would otherwise be entitled to for a maximum of 26 weeks from the date of the first absence caused by the sickness or disability, provided that the employee pays the employee's share of the premiums, if any. 4.3 Long-Term Disability Leave u (a) Full-time employees may be approved for a long-term disability leave of absence. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician and provide regular updates to the Town from a qualified physician. Failure to comply with the request to provide a detailed medical certificate in support of the request for long-term disability leave of absence may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment. In addition, absences of extended duration and the cause(s) of the absences will be reviewed by the Town. In appropriate circumstances, and having regard to available medical evidence and prognosis for return to employment (including to accommodated employment) the Town may treat the employment relationship as having been frustrated and terminate the employee's employment. Where a long-term disability leave of absence has been approved by the carrier, eligible employees shall have their group insurance administered on the following basis: i) The Town shall continue to pay the Town's normal share of the premiums for group life and 17 extended health insurance for 24 months from the date of the first absence caused by the sickness or disability, subject to the employee paying the employee's share of the premiums, if any. ii) No contribution to OMERS will be made by either the Town or the employee while the employee is on long-term disability leave since provision is made under the OMERS plan for either a disability pension or disability waiver of contributions, subject to OMERS regulations. (b) Employees who have been employed by the Town for at least 30 consecutive years and i) have been approved for a long term disability leave of absence in accordance with this Article and ii) have been absent from work on such approved long term disability leave of absence for at least 24 months from the date of the first absence caused by the sickness or disability, may request that the Town continue to remit premiums on their behalf for group life and extended health insurance, subject, in all cases, to the following further conditions and limitations: (i) the employee ceases to be employed by the Town commensurate with, or prior to the time, that the Town begins to remit premiums on behalf of the employee under this Article 4.3(b); (ii) the employee makes arrangements satisfactory to the Town for the payment of the employee's share of such premiums, if any, prior to the time that the premiums are payable, and the employee complies with those arrangements; (iii) the arrangements described at sub-article (ii) shall include a commitment by the employee to pay any increases to the premiums that may be charged by the group insurer from time to time; (iv) no premiums will be paid by the Town after the earlier of the date that the employee is no longer eligible to receive long term disability benefits under the Town's Ion~ term disability insurance, as determined by the Town's group insurer, and the employee's 65" birthday; (v) group insurance will lapse no later than the dates described at sub-article (iv); and, (vi) the employee complies with all requests made by the Town to supply information related to the employee's sickness or disability. Employees recognize that the Town can agree to pay certain premiums for the described group insurance only. All decisions as to whether insurance will be extended and in respect of the eligibility for a benefit rest exclusively with the insurer, and are subject to the terms of the applicable insurance plan. 4.4 Pregnancy. Parental Leave and Family Medical Leaves A pregnancy, parental or family medical leave of absence without pay shall be granted to all employees in accordance with the relevant provincial legislation. While an employee is on pregnancy, parental or family medical leave, group insurance will be administered in accordance with the applicable legislation. In the event an employee wishes to extend a pregnancy/parental leave, the employee may make application in accordance with Section 4.1. 18 n u {' 4.5 Bereavement Leave 4.6 c:~ ~I A bereavement leave of absence, without loss of regular straight time pay, may be granted for Full-time employees attending the funeral and for bereavement purposes in accordance with the following: • Five (5) working days immediately following the death of a spouse, common-law spouse, same sex partner, parent, stepmother, stepfather, child, stepchild, or parent, stepmother, stepfather of the employee's current spouse, common-law spouse or same sex partner. • Three (3) working days immediately following the death of a grandchild, grandparent, brother, stepbrother, sister, stepsister, or sister, stepsister, brother, stepbrother or grandparent of the employee's current spouse, common-law spouse or same sex partner. • One ( 1) working day, to attend the funeral of an aunt or uncle, a close friend or to serve as a pallbearer. An employee requesting a bereavement leave of absence pursuant to this Policy may be required by the Town to furnish evidence supporting the leave. Time Off to Vote If, due directly to their work schedules, employees are unable to vote in a federal, provincial or municipal election outside of their working hours, the Town may grant up to four hours off work without loss of regular straight time pay for the purpose of permitting employees the opportunity to vote. Employees must request time off to vote under this Policy from their supervisor at least two working days prior to the day of the federal, provincial or municipal election. 19 4.7 Jury Duty An employee who is required to serve as a juror in any court in Ontario shall be granted a leave of absence without loss of regular straight time pay during the period which the employee is required to serve as a juror and actually attends at court for that purpose. Upon completion of jury duty, such employee shall present to his Director a certificate satisfactory to the Director, signed by a responsible official of the Court, showing such period of service. It shall be a condition of the employee receiving any compensation pursuant to this Policy that the employee deposits with the Treasurer of the Town the full amount of compensation received, excluding mileage and any travelling expenses, for attending jury duty. 4.8 Witness Duty 5.0 If an employee has been subpoenaed as a witness for the Town or otherwise requested to testify as a witness by the Town, he or she will not suffer loss of regular straight time pay during the period he or she is required to be absent from work pursuant to the subpoena or the Town's request to testify. Employees who are subpoenaed to attend court by a party other than the Town shall not suffer loss of regular straight time pay for the first two days of the absence. An employee who is subpoenaed must deliver a copy of the subpoena to his supervisor immediately after it is received so that, where necessary, the supervisor may make such adjustments as operating requirements warrant. The employee is expected to report for work whenever the court schedule permits. OTHER EMPLOYMENT REGULATIONS 5.1 Probationary Period All new employees will be subject to a probationary period. The probationary period is a trial period used by the Town to determine if the new employee is suitable for continued employment with the Town. It shall be a condition of continued employment with the Town that the employee complete the probationary period to the satisfaction of the Town. The probationary period for a new employee shall start on the date in which the employee commenced active full or part-time employment with the Town and continue from that date for a period of six months of active employment. The probationary period may only be satisfied through active employment. An employee may be terminated at any time during the probationary period, with or without cause, and for any reason, including unsuitability or unsatisfactory performance. The Town, in its discretion, may extend the probationary period for a period of up to three additional months of active employment, on the provision of written notice to the employee affected. 5.2 Retirement An employee may retire on the date of the employee's 65th birthday. An employee may explore early retirement options with OMERS. 5.3 Use of Vehicles and Equipment When using vehicles and equipment owned or leased by the Town, employees are expected to exercise care, or report the need for maintenance, and follow all operating instructions, safety standards and guidelines. Employees required to use a Town vehicle shall be required to provide proof of a valid drivers licence and a driving abstract from the Ministry of Transportation on an annual basis and at such other 20 n u times as may be required by the Town. The Town shall pay the costs of the driving abstracts. Employees are immediately required to inform their supervisor when their driver's licence has been suspended or becomes invalid for any other reason. Employees shall also notify their supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. The improper, careless, negligent, destructive, or unsafe use or operation of vehicles and equipment, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. Vehicles or equipment owned, leased, or rented by the Town may not be used for personal use. 5.4 Visitors in the Workplace For safety and security reasons, only authorized visitors are allowed in the workplace. All visitors should enter the Office at the Main Entrance. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the safety of their visitors. If an unauthorized or abusive individual is observed in the Town's work areas, employees should immediately notify their supervisor or, if necessary, direct the individual to the Chief Administrative Officer and otherwise refer to the Town's applicable Operations Policy Manual. (-'i Phone. Mail. Computer. Internet and E-Mail Usage ·. J u o.6 Phones, computers, computer files, the Internet, the E-mail system, and software furnished to employees are the Town's property and (except as otherwise provided by this Policy) are intended to be used for the conduct of Town business only. To ensure compliance with this Policy and to address any potential security concerns, phone, mail, computer, Internet and E-mail communications and use may be monitored through video surveillance of non-private workplace areas or other monitoring techniques, files accessed and items inspected. Personal use of the phone will be permitted but only in respect of urgent matters. Employees must limit their personal use of the phone and will be required to reimburse the Town for all long distance or other charges incurred as a result of their personal use of the phone. Employees must refrain from sending or receiving personal mail from or to the workplace. The Town prohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the access, display or transmission of sexually explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-colour jokes, or anything that may be construed as harassment or showing disrespect for others. Employees may only use software on the local area network or on multiple machines according to the software license agreement. The Town prohibits the illegal duplication of software and its related documentation. Employees should notify their immediate supervisor, the Director of Finance or his or her designate or any member of senior management upon learning of violations of this Policy. Employees who violate this Policy will be subject to disciplinary action, up to and including termination of employment. Performance Evaluations Performance evaluations are conducted at the end of an employee's probationary period, and annually 21 thereafter. The evaluation process shall include a review of the job description; an evaluation prepared by managemenVsupervisor, with an opportunity for review and comment by the employee; and the establishment of objectives for the next following evaluation. Results of the evaluation process will be a factor in determining placement on the approved salary grid. 5.7 Equal Opportunity Employer It is the objective of the Town to provide equal employment opportunities without discrimination because of a person's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. 5.8 Criminal Reference Checks Consent for criminal reference checks may be requested of any employee. Any findings are to be discussed with the Chief Administrative Officer and the Director of Finance or his or her designate. 5.9 Recruitment Vacancies for permanent full-time and permanent part-time positions are to be advertised internally for a period of one week. It is suggested that an internal applicant advise their immediate supervisor of their intention to apply for a position before actually applying. The Town may elect to post an advertisement for a position externally at the same time that it is posted internally. Offers of employment will be prepared by the Director of Finance or his or her designate in consultation with the Chief Administrative Officer. All positions at the Director's level or above will be subject to Council approval. 5.10 Workplace Security Every employee is responsible for making the workplace a safe and secure environment. Accordingly, all employees are required to comply with following security requirements: 1) Keys given to employees may not be duplicated or loaned to anyone. Lost keys must be reported to the Town immediately. Security codes or passwords must be kept in a secure location or committed to memory and are not to be disclosed to any unauthorized individual and not unless specifically directed by the Town to do so. 2) Each employee is responsible for turning off the lights and equipment, such as fans, heaters, radios, and computers, in his or her individual office or workspace at the end of each workday. 3) During work hours, purses and wallets should be placed in a secure location and should not be left visible to others. 4) Any employee who notices any unusual condition must report this condition to the employee's supervisor immediately. 5) Guests and visitors must not be permitted to walk through areas of Town Buildings or property that are generally accessible to the public unless specifically authorized to do so by a responsible Town supervisor. 6) Former employees of the Town must be treated as any other guest or visitor for security purposes. Employees are not to remain at their work locations after their working hours unless the Town has given prior approval. 5.11 No Pyramiding or Compounding n 0 All the employment benefits and terms of employment that are described in this Policy do not pyramid or U compound. 22 (' 1>.0 CODE OF CONDUCT The purpose of this code of conduct for employees of the Town is to foster a common understanding of the fundamental rights, privileges, and obligations of employees. A code of conduct serves as a statement of principles of integrity, honesty, and impartiality, and recognizes that, as employees of a municipal corporation, employees of the Town are reposed with a public trust that they have a responsibility to uphold. Every employee has an obligation to the Town to report practices that are not in compliance with this Policy since it is in the best interest of the Town and all employees that are involved. 6.1 Hiring of Relatives 6.2 6.3 l) Relatives of employees currently employed by the Town or relatives of a member of Council or a local board may be hired, or may be continued in employment, only if they will be employed in a position that does not directly report to or supervise the relative. Employees may not be transferred into a reporting relationship. For the purposes of this Policy, a relative is defined as a spouse, common-law spouse, child, common- law spouse's child, mother, father, brother, sister, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, same sex partner, common-law spouse's mother, father-in-law, common-law spouse's father, grandparent, spouses grandparents, aunt, uncle. If the relative relationship is established after employment, the Town will determine which or both of the individuals concerned will be transferred or terminated from their employment. All employees are required to report relationships to the Town that would place them in violation of this Policy. If the relationship is found to have been deliberately concealed from the Town at the time the second relative is hired or any time thereafter, the employment of one, the other or both of the relatives may be terminated. Conflict of Interest If a conflict of interest (potential or actual) exists because of an employee's personal interest (or the interest of a relative of the employee) in a property matter, a business dealing with the Town, or similar circumstance, the Town must be immediately advised of the potential conflict in writing by all employees concerned. Employees are required to use Form 2, attached to this Policy, for purposes of advising the Town of the conflict of interest. A conflict of interest (potential or actual) exists when an employee is in a position to influence a decision that may result in a personal gain or advantage for the employee or for a relative of the employee as a result of decisions or actions taken by the Town. For the purposes of this Policy, a relative is any person as defined in Section 6. 1. Once an employee has declared a conflict of interest, in accordance with this Policy, he or she will be relieved from any decision-making responsibilities in respect of the interest that has been disclosed. Employees who fail to report a conflict of interest (potential or actual) to the Town in a timely manner will be subject to discipline, up to and including termination of employment. Outside Employment Employees may hold employment outside of their employment with the Town so long as that employment does not conflict with their responsibilities or work schedule of their employment with the Town and they satisfactorily perform their job responsibilities with the Town. Employment in the same profession or occupation as that in which an employee is employed by the Town, requires written disclosure to, and approval by, the Chief Administrative Officer. 23 If the Town determines that an employee's outside work interferes with performance or the ability to meet the requirements of employment with the Town, the employee may be required to terminate the outside employment if the employee wishes to remain employed with the Town. 6.4 Confidential Information Confidential information shall only be released in accordance with the Municipal Freedom of Information and Protection of Privacy Act. All matters and information that come to be known by employees through the course of their employment must be treated as confidential by the employees and must not be released, disclosed, or discussed with any employee or third party without the express consent of the Town. A violation of this confidentiality policy will result in discipline, up to and including termination. Matters and information that may come to be known by employees through the course of their employment and which must be kept confidential include: Compensation data Personnel information Collection Roll Taxpayer and User Accounts Financial information Labour relations strategies Legal Opinions and Briefs Pending projects and proposals Pending Land purchases and sales All employees are required to sign the non-disclosure agreement, attached as Form 1 to this Policy, as a condition of employment. Employees who improperly use or disclose confidential information will be n subject to disciplinary action, up to and including termination of employment. Employees may also be (-) subject to legal action in respect of the disclosure, even in the case they not actually benefit from the ~ disclosure of the confidential information. 6.5 Media Relations To avoid transmitting misinformation or confidential information, the Mayor and the Chief Administrative Officer shall be the primary spokespersons and contacts to the media for the dissemination of information. Directors and managers are authorized to disseminate information regarding technical/administrative matters within their functional areas. In an emergency situation, the provisions of the Town's Emergency Plan prevail. The Chief Administrative Officer may appoint a designate in his absence. 6.6 Gifts and Other Benefits Employees must refrain from accepting gifts and other benefits from firms or individuals, and must not place themselves in a position where they are under obligation (real or perceived) to favour an individual or firm. If any question arises as to whether an employee should accept a particular gift, protocol or social obligation, the employee must consult with his or her supervisor and receive direction before accepting such gift, protocol or social obligation. 6.7 Political Activity Employees are encouraged not to get directly involved in a local government political campaign in the Town. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity and impartiality with which they must discharge their U duties. 24 (' 6.8 Distribution of Literature I No Solicitation No employee shall cause any printed matter unrelated to the business of the Town and prepared outside of the normal course of the employee's responsibilities with the Town, to be circulated or posted on Town property without first obtaining the written approval of a Director or the Chief Administrative Officer. No employee shall solicit other employees of the Town, or third parties, during their working hours, in respect of personal or other business or matters not directly related to the business of the Town. 6.9 Use of Property Employees must not use Town property, equipment, supplies, or services for activities not directly related with the discharge of their official duties and responsibilities unless prior authorization is provided by the employee's supervisor. In no case shall employees use Town property, equipment, supplies, or services for personal gain. 6.1 O Infractions I \ " 6.11 The following are examples of infractions of the code of conduct that may result in disciplinary action, up to and including, termination of employment: Compliance Falsification of timekeeping records Possession, distribution, sale or use of alcohol or illegal drugs in the work place Fighting or threatening violence in the work place Boisterous or disruptive activity in the workplace Insubordination or other disrespectful conduct Possession of dangerous or unauthorized materials Excessive absenteeism or tardiness or any absence without authorization Unsatisfactory performance or conduct Unprofessional dress, grooming, personal cleanliness including inappropriate display of a tattoo or piercing. Supervisors shall ensure that employees are made aware of and are in compliance with the terms of the code of conduct. Failure to comply with the terms of this code of conduct may result in dismissal or other disciplinary action. 25 7.0 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 7.1 Purpose The Town is committed to establishing and maintaining a work environment free from discrimination and harassment. The Town strictly prohibits discrimination and harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex partnership status, family status or disability (as all of those terms are defined and understood under the Human Rights Code). Any violation of this Policy will be considered serious and will result in disciplinary action, up to and including termination. The Town has implemented the following guidelines for handling a complaint of discrimination or harassment: 1) 2) 3) 4) 5) 6) A person who believes he or she is being harassed or discriminated should initially make it known that the action is unwelcome and will be reported unless it is stopped immediately. If the harassment or discrimination continues, a discrimination or harassment complaint must be reported as soon as possible. An employee has the right to report an incident of discrimination or harassment to any supervisor or other official of the Town. All reports of discrimination or harassment will be promptly and thoroughly investigated. Confidentiality will be maintained to the extent possible. The investigation will be objective and complete; all those with pertinent information on the subject will be interviewed. No employee will suffer reprisal for reporting an incident of discrimination or harassment or any other unlawful conduct, or for initiating or assisting in any action or proceeding regarding discrimination or harassment. When the investigation ends, a determination will be made, and the results will be communicated to the complainant, the alleged offender, and, as appropriate, to all others directly concerned. If discrimination or harassment is proven, prompt remedial action will be taken. This action includes the following: a) the offender will be disciplined and the complainant notified; b) steps will be taken to prevent any further offence; and c) other appropriate remedial action will be taken as may be required. Any complaint of discrimination or harassment that is found to be frivolous, malicious, or based upon false information will be considered to be serious workplace misconduct and will result in disciplinary action, up to and including termination of employment. 7.2 Investigation Procedure The Town has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: • Inform the complainant that an investigation is being conducted. • Interview both the complainant and the alleged harasser as soon as possible. • Interview any witnesses. • To the extent possible, the Town will keep all information, including the complaint and the statements n of witnesses, confidential. U • Render the decision, discuss the findings with the complainant and the alleged harasser, and take any appropriate remedial action. 26 (' 7.3 Discipline If the complaint is determined by the Town to have merit, then the Town may follow section 1.13 of this Policy for disciplinary actions in respect of the harasser. If the complaint is determined by the Town to lack merit, the Town will maintain a confidential file on the allegations in the Chief Administrative Officer's office. If the complaint is determined by the Town to lack merit and was made vexatiously, maliciously or in bad faith, the Town may follow section 1.13 of this Policy for disciplinary actions in respect of the complainant. 8.0 HEAL TH AND SAFETY COMMITTEES c ) It is the policy of the Town to establish Joint Health and Safety Committees. The membership, appointments, and procedures of such Committees shall be as established from time to time, in accordance with the provisions of the Occupational Health and Safety Act. The Committees ensure, among other things, that information is provided to employees about workplace health and safety issues, ensures the Health and Safety Policies are up to date and posted, that training occurs, ensures that inspections occur and looks to provide recognition to employees where initiatives are taken to improve safety performance. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety rules or standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. Each employee's manager will evaluate that employee on health and safety in the annual performance appraisal. Candidates for employment or promotion will, when possible, be evaluated on performance and experience in respect of health and safety. In keeping with the Town's intent to provide a safe and healthy work environment, and to comply with the Smoking in the Workplace Act, smoking is allowed only in designated smoking areas, and in all work locations, smoking has been completely prohibited. 9.0 EXTERNAL COMPLAINT PROCEDURE The following procedure allows members of the public to express any problem, complaint or suggestion regarding an employee of the Town. Periodically, in a quarterly report, Council is to be made aware of all external complaints against employees in their departments. 1. The member of the public should complete a prescribed External Employee Complaint Form (Form 3 attached to this Policy or obtained from the Customer Service Centre or Corporate Office) or provide a written letter outlining the nature of their complaint. The External Employee Complaint Form is immediately forwarded to the Chief Administrative Officer. The Chief Administrative Officer will review the complaint and forward a copy of the Form to the complained of employee's immediate supervisor. L; 2. The complained of employee's immediate supervisor is required to respond to the complaint by requesting a meeting with the complained of employee within three (3) working days after the complaint is received by the immediate supervisor. Further information may be obtained from the complaining member of the public prior to or subsequent to this meeting. The Town may conduct further investigation as it, in the circumstances, deems appropriate. 27 The Director of Finance, or his or her designate, is required to attend the meeting with the complained of employee and his immediate supervisor. The Supervisor shall immediately document the discussion and within five (5) working days of the meeting shall prepare a written report including a recommendation for response to the complaint. This report shall be discussed with the complained of employee who is required to sign the report in acknowledgement. The complained of employee should be encouraged to provide written comment or comments that can be documented on the report at lime of review. A copy of this report will be forwarded to the Director of Finance, or his or her designate. The complaint and its disposition will be filed in the employee's personnel file. 3. The Town will make every effort to comply with the time limits for processing complaints but circumstances may not make strict compliance possible or practicable. 4. Any disciplinary action deemed necessary will be prompt and impartial in accordance with Section 1.13 of this Policy. 5. If the complainant is not satisfied by the action taken as decided in paragraph 2 of this Policy, the complainant shall notify the Director of Finance or his or her designate in writing for review and consideration of the matter. The Director of Finance or his or her designate shall, within five (5) working days from receipt of written notice of the Complainant's dissatisfaction, inform the Supervisor of any further action that may be required. 6. The complaining member of the public may retract their complaint at any time during the complaint n procedure. In the event of a retraction of the complaint, it will be at the discretion of the Director of C __ ) Finance or his or her designate if the procedure is to continue or cease. 7. The Chief Administrative Officer must be kept appraised of all external complaints and retains full authority to make any adjustment deemed appropriate. The Chief Administrative Officer will inform the Mayor and Council as deemed appropriate. In the event that a complaint is received in reference to the Director of Finance, all reporting to the Director of Finance as set out in this Policy shall be made to the Chief Administrative Officer. In the event that a complaint is received in reference to the Chief Administrative Officer, all reporting shall be made directly to the Mayor and members of Council. 8. Repeated complaints from the same Complainant or complaints deemed to be of frivolous nature may, at the discretion of the Chief Administrative Officer and Mayor, not necessarily follow all steps in this procedure. 28 u (-) l_.J Form 1 EMPLOYEE ACKNOWLEDGEMENT FORM & NON-DISCLOSURE AGREEMENT The Policy describes important information about the Town and my employment with the Town. understand that I should consult the Director of Finance or his or her designate regarding any questions not answered in the Policy. I have entered into my employment relationship with the Town voluntarily and acknowledge that the Policy is not intended to, nor does it, create an employment contract of any fixed duration and that either me or the Town may terminate the employment relationship at any time with only the notice, if any, that may be required by the Employment Standards Act. I understand that it is my responsibility to read and comply with the terms of the Policy and any revisions made to it. All such revisions will be communicated through official notices and I understand that revised policies may supersede, modify, or eliminate existing policies. The Council of the Town has the ability to adopt any revisions to the policies, as it deems necessary. Further, I acknowledge that the protection of confidential business and personal information is vital to the interests of employees, Councillors, ratepayers and the success of the Town. If I improperly use or disclose trade secrets or confidential business information, I will be subject to disciplinary action up to and including termination of employment and legal action even if I do not derive any personal benefit from the disclosure of the information. I confirm that I have received a copy of the Town's Policy. Date Employee's Signature Employee's Name (Please Print) Date Supervisor's Signature Supervisor's Name (Please Print) 29 Form2 EMPLOYEE DISCLOSURE OF INTEREST FORM Disclosure of Interest 1. Instructions An employee shall, as soon as the employee is aware of any interest, direct or indirect that he/she, or his/her family, may have in any matter under consideration by the council/local board or committees thereof, of by any officers or officials of the council/board, complete and file this declaration with the Chief Administrative Officer or appropriate supervisor as described in the Policy. This record shall be placed in the employee's personnel file and maintained there for the duration of his/her employment with the corporation. 1. Declaration of employee Name of employee In accordance with the Policy, I disclose an interest in the following matter under consideration by Provide a brief description of the matter: The general nature of the conflict of interest is as follows: I certify that the above information is true, correct and accurate. Signature of employee Date Date received by Chief Administrative Officer or Supervisor 30 n 0 u ( \, _/ Form3 EXTERNAL EMPLOYEE COMPLAINT FORM Instructions A member of the public shall, as soon as an incident that involves a Town employee takes place in which the member of the public is of the opinion that the employee acted in a manner that was not professional, honourable, courteous or consistent, shall complete and file this declaration with the Chief Administrative Officer in accordance with the Personnel Policy. This matter shall be addressed in accordance with Section 9, External Complaint Procedure., of the Town's Personnel Policy. Name of Employee ____________ _ Date of Incident In accordance with Section 9 -External Complaint Procedure, Personnel Policy, I disclose the following complaint and request consideration of this matter. Provide a brief description of the matter (additional information may be attached): I certify that the above information is true, correct and accurate. Signature of Complainant Date Address: Phone Number Please place this form in an envelope and mark it "Confidential" to the "Attention of the CAO". CAO Acknowledgment of Receipt Date Received 31 SCHEDULE A PERSONNEL POLICY RATES Section 2.9 (a) 2.9 (c) 2.9 (d) 2.9 (e) 2.9 (g) Item Clothing Allowance Mileage Meal Per Diems To a maximum of $261 per calendar year. Out of Town, $.52 per kilometer or In Town allowance to a maximum of $12.00 per day. To a maximum of $105 per day for an overnight event and a maximum of $32 per day for a single day event with the submission of conference or seminar details that indicate what meals are provided at the event. If meals are provided at the event, then a deduction for each meal provided of $15 for breakfast, $20 for lunch and $40 for dinner will be made from the maximum meal per diems. Per Diems To a maximum of $130 per day. Overtime/On Call Compensation To a maximum of $140 for a seven-day period plus an additional maximum of $27 for public holidays. 32 0 u . · · · ordCoun -. -(r·,~-·.. .· - · growing stfonger.1'Xogether l_) Community and Strategic Planning PO Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.countv.oxford.on.ca OUR FILE: ZON 7-09-4 APPLICATION FOR ZONE CHANGE To: The Mayor and Members of the Town of Tillson burg Council REPORT No.: 2009-309 MEETING DATE: January 11, 2010 OWNER: Wesley & Yvonne Barkman 153 Quarter Town Line Tillsonburg ON N4G 4G8 LOCATION: APPLICANT: Tillsonburg Meeting Room Trust c/o Ben Graham RR#3 Tillsonburg ON N4G 4G8 AGENT: David Roe Civic Planning Solutions 599 Larch Street Delhi ON N4B 3A7 The subject lands are described as Lot 36, Plan 714, municipally known as 153 Quarter Town Line in the Town of Tillsonburg. The lands are located on the west side of Quarter Town Line, between the Grandview Drive road allowance and Esseltine Drive. COUNTY OF OXFORD OFFICIAL PLAN: Schedule "T-1" Schedule "T-2" Town of Tillson burg Land Use Plan Town of Tillson burg Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW No. 3295: Residential Low Density Residential Existing Zoning: Low Density Residential-Type 1 Zone (R1) Requested Zoning: Special Low Density Residential -Type 1 Zone (R1-Special) ZON 7-09-4 APPLICATION REVIEW: (a) Proposal Page2 Report No. 2009-309 An application for Zone Change has been received by the Town of Tillsonburg to rezone the subject lands from 'Low Density Residential -Type 1 Zone (R1)' to 'Special Low Density Residential -Type 1 Zone (R1-Special)' to permit a place of worship to be located within the existing single detached dwelling. The subject lands consist of an existing single detached dwelling which is serviced by municipal water and a private septic system and consists of approximately 0.13 ha (0.32 acres). Building permit records indicate that the existing single detached dwelling has an approximate total floor area of 98.6 m2 (1,061.3 ft2) and was constructed in 1963. Surrounding uses include existing and proposed low density residential uses to the north, south and east. The lands located immediately to the west are currently in crop production, but are zoned Minor Institutional (IN1) and are owned by the Thames Valley District School Board. The lands located to the immediate north are owned by the Town of Tillsonburg for the purposes of a road allowance (Grandview Drive), which has not yet been constructed. Plate 1, Location Map with Existing Zoning & Aerial Photography is a map of the area Q which indicates the location of the subject property as well as the existing zoning in the immediate vicinity. Plate 2, Location Map with Aerial Photography (2006) shows the extent of development on the subject lands and the adjacent lots. Land uses within the surrounding area are predominately single detached dwellings. Plate 3, Applicant's Site Sketch shows the existing single detached dwelling and proposed parking layout. (b) Provincial Policy Statement Municipal decisions affecting planning matters are required to be consistent with the 2005 Provincial Policy Statement. Planning Staff have therefore reviewed the proposed application in regard to those policies. Policy 1.1.3.1 states that settlement areas will be the focus of growth and their vitality and regeneration shall be promoted. The 2005 Provincial Policy Statement states that land use patterns within settlement areas shall be based on densities and a mix of land uses, which efficiently use land and resources. Land uses within settlement areas must also efficiently use infrastructure and public service facilities which are planned for or available while avoiding the need for their unjustified and/or uneconomical expansion. Policy 1.1.3.3 also states that Planning Authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, and the availability of suitable existing or planned infrastructure to accommodate projected needs. Plate 2 -Location Map with Aerial Photography (2006) Wesley & Yvonne Barkman, 153 Quarter Town Line (Lot 36, Plan 714) File No.: ZON 7-09-4, Town of Tillsonburg LEGEND © "'°"'"' LAND RELATED INFORMATION SYSTEM COUNTY OF OXFORD CREATED ON: 30-0CT-2009 Plate 1 -Location Map with Existing Zoning & Aerial Photography (2006) Wesley & Yvonne Barkman, 153 Quarter Town Line (Lot 36, Plan 714) File No.: ZON 7-09-4, Town of Tillsonburg c 0 LEGEND Tillsonburg Orthoimagery Zoning • EP"'I Zoning Overlay Bl EP2 Zoning Overlay / Zoning Line /~Municipal Limits T!LLSCl:IBURG ®"'""" LAND RELATED INFORMATION SYSTEM COUNTY OF C~RO CREATED ON: 3L.-=2009 GEDGRAPHJC TO\il/NSHJP OF D.E.REHAM ' INST. NO. 282796. PIN 00025 -005Q l Z'. 01 . • RfGlSTF'RF'D Future School S-ne grass.· LOT 36 PL;.\ J\! Bxistlng Septic Tiie Bed INST. No. 259724 · P.I. N. !)0025 -0046 grass l ,_; 'IQB' -: STOREY DWELLING House • ·-(BRICK s IOING I grass . I HOUSE No. 153 --'/'"' tf.f· ..... _r 30.3" r- ·' I I 1 ( W/DEN!NG PER REGJSrEREP PLAN Fr. 7 I 4 Quarterline Road • ... "" ... 0 ,., Proposed Clmrcb -153 Quarter~e Ro;lcL Plate 3 -Applicant's Site Sketch Wesley & Yvonne Barkman, 153 Quarter Town Line (Lot 36, Plan 714) File No.: ZON 7-09-4, Town ofTillsonburg c: :::i .g II> :::i II> c. . ~ J:I, ~ 0 ~ ::I 2 NO. J> =-z . 0 0 0 0 < "' . "' ' "lJ !Ti ,- )> < z < 0 -z ... " 0 ~J "" ;)J House ... ,,/ "'-lT! ZON 7-09-4 Page4 Report No. 2009-309 • such uses will generally be clustered in association with other community- oriented land uses, such as open spaces, pedestrian linkages, or leisure facilities in order to provide a focal point for the area or will be located such that they serve as intervening land uses between residential and non-residential development; • the presence or provision of pathways or sidewalks which facilitate pedestrian access to these uses; • those uses with the potential to generate significant amounts of traffic and parking, originating from points external to the affected residential area, are located on either major collector or arterial roadways to minimize the disturbance that is created on local streets; • demonstration that screening, buffering, physical separation or other design measures can be utilized to reduce any adverse effects generated by the use on adjacent residential uses. Such effects may include noise, lighting, fumes, parking and outdoor storage; • it can be demonstrated that such uses complement adjacent residential uses, n provide a needed service to the area, and are better located in the Residential ~----_', Area designation than in other areas as designated in the Plan. . Further to the above, in order to provide for the sensitive integration or expansion of religious facilities within Residential Areas, Town Council: • will limit the size of the church complex to approximately 650 square metres (7000 square feet) of gross floor area in the Residential Areas designation. Proposals for churches larger than this size shall be considered a major religious institution under the Community Facilities designation and subject to the policies of Section 8.5.2; • will ensure that buildings are sufficiently set back from adjacent residential uses to minimize potential adverse effects associated with the bulk, scale or layout of the buildings; • will require fencing and/or landscape buffering to reduce adverse effects of activity areas and visual intrusion on adjacent land uses; • may require the paving of parking areas and driveways to prevent the raising of dust; • will require on-site stormwater management; and • will ensure that light spill-over or glare from any source including signs onto U adjacent residential uses will be mitigated by such means as directed lighting. () ZON 7-09-4 Page5 Report No. 2009-309 Where a church is operated in conjunction with other types of minor institutional uses, either on the same property or on abutting properties, Town Council may establish reduced or altered parking standards and may consider flexible parking arrangements such as shared parking. This proposed development of a place of worship will be subject to Site Plan Control in order to address parking, grading and drainage, servicing, etc. Planning staff are of the opinion that the proposed place of worship would comply with the Low Density Residential and Minor Institutional Uses policies in the County Official Plan. (d) Zoning Bv-Law The subject property is zoned Low Density Residential -Type 1 (R1) in the Town of Tillsonburg Zoning By-Law No. 3295. The R1 zone allows for a single detached dwellings, public uses, home occupations and group homes. The lot and the existing single detached dwelling appear to comply with the provisions of the R1 zone. A place of worship is not a permitted use within the standard R1 zone. The applicant has requested the addition of a place of worship to the list of permitted uses on the property. (e) Agency Review The application for zone change was circulated to a number of public agencies for their review. The Town Manager of Engineering has commented that: • The applicant submit a site grading and servicing plan prepared by a Consulting Engineer to ensure site grading and servicing can be accommodated. • The adequacy of the existing septic bed to accommodate the proposed zone change and increased usage must be verified and confirmed with the Oxford County Board of Health. • An extension of the proposed future storm sewer on Quarter Town Line may be required to service the parking lot expansion. All costs for an extension of the storm sewer shall be covered by the applicant. • Tillsonburg Hydro Inc. should be contacted regarding any service upgrades that may be required. • On street parking shall not be permitted due to the narrow travelled width of Quarter Town Line. All parking requirements due to site plan or zoning conditions shall be accommodated within the limits of the site. ZON 7-09-4 Page6 Report No. 2009-309 Further, in regard to the installation of municipal wastewater services, the Town Manager of Engineering commented that: "The Town intends to construct a sanitary sewer on Quarter Town Line from Concession Street to Esseltine Drive in 2010. However the property mentioned in the above will not have an outlet until it has been determined when and how construction will take place to extend the sanitary sewer system from Denrich Avenue, along Dereham Drive to Quarter Town Line." The Town Chief Building Official reviewed this application and stated that the applicant should be aware that the Ontario Building Code requires a "change of use" permit as well as professional design of the new use. All construction will be required in accordance with the design to bring the building into compliance with the minimum requirements of the code. The County of Oxford Public Works Department reviewed the proposal and stated that the lot to be rezoned must be connected to the municipal wastewater system to the satisfaction of the Town of Tillson burg upon the service being available. n The County of Oxford Public Health and Emergency Services reviewed the proposal ~~: Q "Currently as indicated in this application, the private residence at 153 Quarter Town Line is serviced by a private septic system. Prior to operation of a church in this structure, this agency requires that, the existing private septic system will undergo a performance level review to ensure compliance with the Ontario Building Code. Upgrades to ensure safe disposal of sewage wastes, and compliance with the Ontario Building Code, may be required as indicated by the performance level review prior to the operation of the church. In regards to this zone change, this agency has no direct objections." The remaining responding agencies, consisting of the Town CAO/Clerk, Town Director of Corporate Services, Town Director of Operations, Town Director of Community Services, Town Fire Chief, OPP, Chamber of Commerce, and BIA did not respond to the agency circulation. (f) Public Circulation Public notification of application for zone change was circulated to surrounding property owners on December 22, 2009. As of the writing of this planning report, no comment has been received from the public. U () ZON 7-09-4 (g) Planning Review Page 7 Report No. 2009-309 An application for Zone Change has been received by the Town of Tillsonburg to rezone the subject lands from 'Low Density Residential -Type 1 Zone (R1)' to 'Special Low Density Residential -Type 1 Zone (R1-Special)' to permit a place of worship to be located within the existing single detached dwelling. It is the opinion of this Office that the proposed rezoning would be in keeping with the policies of the 2005 Provincial Policy Statement in regards to redevelopment of the existing building stock and, based on comments from the Town Engineering Department, has the ability to be serviced by municipal wastewater services within the coming year. The application is in keeping with the Low Density Residential and Minor Institutional Uses policies of the Official Plan as the gross floor area of the proposed development is less than 650 m2. The existing building also maintains an adequate existing setback from the adjacent property to the south. The lands to the north contain an unopened road allowance and the lands to the west and east are currently vacant. No adverse impacts are anticipated with respect to land use conflict between the proposed use and the surrounding vacant lands. The proposed use will also provide adequate parking and driveways. The existing building is located on an arterial road and will not cause a major disturbance to local streets. Matters relating to screening, buffering, lighting and landscaping will be dealt with during the Site Plan Control process in order to reduce any adverse effects generated by the use on adjacent residential uses. Based on a sketch provided by the applicant, the existing driveway is proposed to be expanded to accommodate 5 parking spaces. A provision will be included in the amending by-law which will limit the parking provided on the property to 5 parking spaces. The Town Engineering Department has advised that on street parking is not permitted on Quarter Town Line. Further, to ensure the size of the place of worship does not become out of character in the existing neighbouring, Planning staff have sought to limit the place of worship to the existing ground floor area of the existing building which is 98.6 m2 (1,061.3 fl"). The property and dwelling appear to meet provisions of the Low Density Residential -Type 1 (R1) Zone. The County of Oxford Public Health and Emergency Services Department has provided comment that the existing septic system will have to be tested in order to ensure that it can handle any additional septic flows. The septic system is required to conform to the requirements of the Ontario Building Code prior to the building being used as a place of worship. The County of Oxford Public Works Department has provided comment that the existing septic system is to be decommissioned, and the building connected to municipal services when they become available. The Town Manager of Engineering has requested a grading and drainage plan be submitted in order to ensure that the expansion of the existing driveway does not create any adverse impacts relating to ZON 7-09-4 Pages Report No. 2009-309 stormwater drainage. The Town Chief Building Official has also stated a change of use permit is required prior to occupancy of the building for a place of worship. In order to address all of the above, Planning staff and the applicant's planning consultant have agreed to address all of the above noted concerns by means of a Holding provision. The Holding provision would not be lifted off of the property until: • The County of Oxford Public Health and Emergency Services Department has provided written correspondence to the Planning Department that the private septic system meets the requirements of the Ontario Building Code, 2! the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department, • The applicant provide sufficient securities to be held be the Town to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available, • The Town Chief Building Official provide written confirmation to the Planning Department that the building complies with the Ontario Building Code and that an occupancy permit can be granted. • The applicant submit a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. Upon confirmation of all of the above matters being addressed, the applicant may seek to have the Holding provision removed from the property. An occupancy permit shall not be available until the Holding provision is lifted from the property. As mentioned above, the property will be subject to Site Plan Control in order to ensure orderly development, and land use compatibility with surrounding uses. Planning staff have prepared an amending by-law to allow for a place of worship or a single detached dwelling as a permitted use on the subject property. By keeping a single detached dwelling as a permitted use on the property it will assist the property to easily revert back to single detached residential purposes in the event that the place of worship ceases to exist. However, the uses will not be permitted to occur simultaneously. Planning staff note that the proposed place of worship is to be located within the n existing single detached dwelling. As the place of worship is proposed as an adaptive U reuse of existing building, the proposed use should not create an adverse impact on adjacent properties in terms of parking or vehicular traffic. To date, no objections have been received from agency circulation or the public. ZON 7-09-4 Page 3 Report No. 2009-309 Planning Staff are of the opm1on that the application is consistent with the 2005 Provincial Policy Statement. (c) Official Plan The subject property is located within the 'Low Density Residential' designation on the Residential Density Plan for the Town of Tillsonburg in the County Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street- fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The Official Plan also permits minor institutional uses in low density residential areas, including elementary and secondary schools, churches, day care facilities, small retirement homes with less than 20 beds, public service uses such as police, ambulance and fire stations, and similar smaller-scale institutional facilities. With the exception of schools, the Official Plan does not include a land use designation category for minor institutional uses. Rather, minor institutional uses are permitted as ancillary uses within the Residential Area designations. Town Council may limit the range of minor institutional uses permitted within a particular designation through the Zoning By-law. Minor institutional uses in the Residential Areas designation will be subject to a specific Institutional zoning category and new minor institutional uses will be evaluated on a site specific basis in accordance with the criteria of Section 8.2.3.3, Neighbourhood Serving Uses in Residential Areas. Section 8.2.3.3 Neighbourhood Serving Uses in Residential Areas states that Town Council will support the provision of services and amenities that enhance the quality of the residential environment within lands designated as Residential Area on Schedule T- 1 by permitting neighbourhood serving uses to be established. Neighbourhood serving uses include land uses such as schools, churches, libraries, parks, community centres, day care facilities, convenience shopping facilities and community support services which primarily serve a local residential neighbourhood by providing everyday goods and services or fulfilling cultural and social needs. The following factors will be used to evaluate the acceptability of development proposals for neighbourhood serving uses: • demonstration that such uses will contribute in a positive way to providing a sense of community by facilitating interaction among residents, by increasing the personal security of residents and by supplying everyday needs; ZON 7-09-4 Page9 Report No. 2009-309 In summary, it is the opinion of this Office that the application for zone change conforms to the policies of the 2005 Provincial Policy Statement and the County of Oxford Official Plan, and is appropriate for the development of the subject lands and therefore can be supported. A copy of the recommended amending by-law has been attached for Council's consideration. RECOMMENDATION: It is recommended that the Council of the Town of Tillsonburg approve the attached zoning by-law amendment for an application submitted by Tillsonburg Meeting Room Trust, on behalf of the owner Wesley & Yvonne Barkman, whereby lands consisting of Lot 36, Plan 714 in the Town of Tillsonburg are to be rezoned from Low Density Residential -Type 1 Zone (R1) to Special Low Density Residential -Type 1 Zone (R1- Special) with Holding (H) provision to allow for the addition of a place of worship as a permitted use within the existing dwelling. AUTHORED BY: "Jason Juhasz" Jason Juhasz, BA Development Planner /jj January 5, 2010 File No. 7-09-4 APPROVED BY: "Gordon K. Hough" Gordon K. Hough, McrP. RPP Senior Development Planner n u () ZON 7-09-4 TOWN OF TILLSONBURG BY-LAW NUMBER __ _ EXPLANATORY NOTE The purpose of By-Law Number is to rezone property consisting of Lot 36, Plan 714, municipally known as 153 Quarter Town Line, in the Town of Tillsonburg, from Low Density Residential-Type 1 (R1) to Special Low Density Residential-Type 1 (R1-11 (H)), with Holding provision. The amendment would allow for a place of worship to be permitted within the existing dwelling. The site specific zoning will continue to permit a single detached dwelling to be listed as a permitted use in the event that the property ceases to be used as a place of worship. The uses shall not be permitted simultaneously. The Holding provision shall only be lifted when, • The County of Oxford Public Health and Emergency Services Department has provided written correspondence to the Town of Tillson burg that the private septic system meets the requirements of the Ontario Building Code, or the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department, • The applicant provides sufficient securities to the satisfaction of the Town of Tillsonburg to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available, • The Town Chief Building Official provides written confirmation to the Planning Department that the building complies with the Ontario Building Code and that an occupancy permit can be granted. • The applicant submits a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. After all of the above have been completed, the Holding provision may be lifted from the property, and an occupancy permit may be available to be issued by the Town Chief Building Official. The subject lands are owned by Wesley and Yvonne Barkman. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number __ _ The public hearing was held on January 11th, 2010. Any person wishing further information relative to Zoning By-Law Number may contact the undersigned: File: Report No: Roll No's: ZON 7-09-4 (Barkman) 2009-309 3204-050-050-12300 Mr. Michael Graves Director of Corporate Services/Clerk Town of Tillson burg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 u () w z " z " 0 ~ --------1---~ ~ GRANDVIEW ESSEL TINE DRIVE w ~ ~ " ~ 0 KEY MAP ~~--~--~ w w ~ > 0 ~ w ~ ~ t----j-----j " s ~ l,-LANDS TO WHICH BYLAW ____ APPLIES /j . .cordCount)! r~owing stronger. . .together Produced By The DepllrrmentofCorporare Services lnformmlonS)'•tem• 02009 METRES BO 0 80 160 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER ___ _ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1-11(H)' the zone symbols of the lands so designated 'R 1-11 (H)' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby amended by adding the following subsection at the end thereof. "6.5.11 LOCATION: Quarter Town Line (Lot 36. Plan 714!. R1-11 6.5.11.1 Notwithstanding any provisions of the By-law to the contrary, no person shall within any R1-11 Zone use any lot, or erect, alter or use any building or structure for any purpose except in accordance with the following: a place of worship; or a single detached dwelling. 6.5.11.2 Notwithstanding any provision of this By-Law to the contrary, no person shall within any R1-11 Zone use any lot, or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: 6.5.11.2.1 GROUND FLOOR AREA Maximum-198.6 m2 (1,061.3 ff) 6.5.11.2.2 PARKING SPACES In accordance with Section 5.20 to a maximum of 5 parking spaces 6.5.11.2.3 HOLDING PROVISION Where the symbol "H" appears on the zoning map following the zone symbol R1-11, those lands shall not be used for institutional purposes (i.e. a place of worship) unless this By-law has been amended to remove the relevant "H" symbol. u ( \ The Corporation of the Town of Tillsonburg By-law Number 6.5.11.2.4 Prior to the removal of the "H" symbol to allow the use of the lands as a place of worship, the owner shall address the following matters to the satisfaction of the Town of Tillsonburg: • The County of Oxford Public Health and Emergency Services Department shall provide written correspondence to the Town of Tillsonburg that the private septic system meets the requirements of the Ontario Building Code, or the building is connected to municipal wastewater services and the septic system is decommissioned to the satisfaction of the Public Health Department; • The applicant shall provide sufficient securities (to be determined by the Town Engineering Department) to be held by the Town to cover the cost of services to be installed along the frontage of the property, and the lateral service to connect the existing building to the municipal wastewater system when it becomes available; • The Town Chief Building Official shall provide written confirmation to the County Planner that the building complies with the Ontario Building Code and that an occupancy permit can be granted; and • The applicant shall submit a grading and drainage plan as part of a Site Plan Control application to the Town of Tillsonburg. Through the site plan control process, measures will be taken to ensure land use compatibility with surrounding uses, particularly those pertaining to grading and drainage, access, parking and landscaping. 6.5.11.5 That all of the provisions of the R 1 Zone in Section 12.2 of By-law Number 3295, as amended, shall apply; and further, that all other provisions of By-law Number 3295, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." The Corporation of the Town of Tillsonburg By-law Number 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this_ day of ________ , 2010. READ a third time and finally passed this_ day of ________ , 2010. Mayor Clerk Q u SCHEDULE II A II TO BY-LAW No. LOT 36, PLAN 714 TOWN OF TILLSONBURG I GRANDVIEW DRIVE N7B-43-40E 54.56 ~ IQ • \ "i ~ 0 '\ 0 ~o ~o Jte! '~ Nm '\ ~~ JN () 7N z z \, N78-43-40E 54.56 • 0 "' ' ' ' z 5 0 >- "' w >-"' <( CJ a METRES " THIS IS SCHEDULE ''A'' TO BY-LAW No. ______ ,PASSED Lc::J AREA OF ZONE CHANGE TO R1-11 (H) NOTE: ALL DIMENSIONS IN METRES ~·.i.(JrdCount)! ~~owing stronga .. together Produced By The Depanmenr ofCorporme Service< lnformoti011S)'>tem5 CJOIO THE ____ DAY OF _______ ,2010 MAYOR C.A.O.