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151214 Council= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:06 p.m. 2. Adoption of Agenda Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, December 14, 2015, be adopted. Carried 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, December 14, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes – December 14, 2015 - 2 - 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Council Meeting of November 23, 2015 Minutes, November 23, 2015 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of November 23, 2015, be approved. Carried Council moved to section 7 of the Agenda at 6:10 p.m. 6. Delegations and Presentations 6.1. Special Awards Presentation – Samuel Cull Presented By: Mayor Molnar & Councillor Brian Stephenson, Special Awards Committee Mayor Stephen Molnar and Councillor Stephenson on behalf of the Special Awards Committee, presented Samuel Cull with the Volunteer Achievement Award. 6.2. 151 Concession Street Delegation By: Mike Jaczko Delegation, Mike Jaczko Mike Jaczko appeared before Council to speak on behalf of his mother Irene regarding the building of a garage at 151 Concession Street. Mr. Jaczko expressed concern over the possible development of a commercial operation on the property and requested further investigation of the application. Staff indicated that the building application for the garage is in accordance with the R1 zoning of the property. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation by Mike Jaczko regarding 151 Concession Street as information. Carried Council Meeting – Minutes – December 14, 2015 - 3 - 6.3. Cultural Advisory Committee Grant Request – Family Day Event Deb Beard, Chair of the Cultural Advisory Committee, appeared before Council to request $2,200 for the 2016 Family Day Event. Council requested a revision of the Cultural Advisory Committee Terms of Reference to permit the committee to spend allocated resources as required. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation by the Cultural Advisory Committee request for $2,200 as part of the 2015 budget. Carried 6.4. Tourism Oxford – Update on Tourism Activities Presented By: Meredith Maywood Delegation – Tourism Oxford Presentation Meredith Maywood appeared before Council to provide a presentation on the various activities undertaken by Tourism Oxford in 2015 and highlighted several partnership opportunities. Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the presentation by Meredith Maywood regarding an Update on Tourism Activities, for information. Carried Council moved to section 9.3 of the Agenda to receive the remaining Staff Reports 7. Information Items 7.1. Correspondence - Syrian Refugees Correspondence - Syrian Refugees 7.2. Ontario Municipal Partnership Fund Ontario Municipal Partnership Fund 7.3. Ombudsman Ontario Letter MunicipalityLetter_EN Council Meeting – Minutes – December 14, 2015 - 4 - 7.4. LPRCA 2016 Draft Budget LPRCA 2016 Draft Budget 7.5. TVDSB Correspondence - Parental Concerns Protocol Correspondence Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives items 7.1 to 7.5 as information. Carried 8. Mayor 8.1. MYR 15-11, Update - County of Oxford MAYORreportCOOXdec2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report MYR 15-11 for information. Carried 9. Reports from Departments 9.1. Chief Administrative Officer 9.1.1. CAO 15-19 RFP 2015-013, Consulting Services to Conduct a Space Needs Analysis CAO 15-19 Results for RFP 15-013 Consulting Services to Conduct a Space Needs Analysis John Veldman, Chair of the Town Hall Task Force appeared before Council to speak to Report CAO 15-19. The Task Force will base their recommendations to Council on the results of the study. Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report CAO 15-19 Results for RFP 2015-013 Consulting Services to Conduct a Space Needs Analysis; AND THAT the Town Hall Steering Committee recommends to Council the award of RFP 2015-013 to KNY Architects Inc., of Burlington, Ontario at a total cost of $22,500.00 (exclusive of HST) being the highest scoring proposal received; Council Meeting – Minutes – December 14, 2015 - 5 - AND FURTHER THAT Council provide 2016 pre-budget approval in the amount of $25,000 in order to proceed with the space needs analysis in advance of the approval of the 2016 budget. Carried 9.1.2. CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street The Thames Valley District School Board has deferred placing 83 Rolph Street on the open market until January, 2016. Staff will report back to Council in January, 2016 with an update. Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives report CAO-15-20, Quotation - Building Condition Assessment – 83 Rolph Street; AND THAT Council authorize the allocation of $7750.00 from reserves for the purpose of obtaining a Building Condition Assessment of 83 Rolph Street. Carried 9.2. Clerk’s Office 9.2.1. CL 15-30, Amendments to Youth Leadership Grant Program CL 15-30 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report CL 15-30, Amendments to Youth Leadership Grant Program; AND THAT Council endorses the amendments to the Youth Leadership Grant Program. Carried 9.2.2. CL 15-28, Heritage, Beautification & Cemetery Advisory Committee Revised Terms of Reference CL 15-28, HBC - Terms of Reference Council Meeting – Minutes – December 14, 2015 - 6 - Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 15-28, Heritage, Beautification & Cemetery Advisory Committee Revised Terms of Reference; AND THAT Council endorses the revised Terms of Reference of the Heritage, Beautification and Cemetery Advisory Committee. Carried 9.2.3. CL 15-31, Beautification Working Group Sub-Committee Appointment CL 15-31 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 15-31, Beautification Working Group Sub- Committee Appointment; AND THAT Council endorses the appointment of Matthew Fenn by the Heritage, Beautification & Cemetery Advisory Committee to the Beautification Working Group Sub-Committee. Carried 9.2.4. CL 15-32 2016 Meeting Calendar CL 15-32 - 2016 Meeting Calendar 2016 Meeting Calendar Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CL 15-32, 2016 Meeting Calendar; AND THAT the following regular Council Meetings be re-scheduled or cancelled for 2016: Monday, February 22, 2016 is re-scheduled to Thursday, February 25, 2016, due to the annual OGRA/ROMA Conference; Monday, March 28, 2016 is re-scheduled to Tuesday, March 29, 2016 due to Easter Monday; Monday May 23, 2016 is re-scheduled to Tuesday, May 24, 2016 due to Victoria Day; Monday June 13, 2016 is re-scheduled to Thursday June 16, 2016 due to the annual AMCTO Conference; Council Meeting – Minutes – December 14, 2015 - 7 - Monday, July 25, 2016 is cancelled; Monday, August 22, 2016 is cancelled; Monday, October 10, 2016 is re-scheduled to Tuesday, October 11, 2016, due to Thanksgiving and; Monday, December 26, 2016 is cancelled; AND THAT this information be forwarded appropriately, including the County of Oxford, MP and MPP, as well as posted on the Town of Tillsonburg website and at the Tillsonburg Customer Service Centre. Carried 9.2.5. CL 15-27 Accountability and Transparency Policy CL 15-27 Accountability and Transparency Policy Accountability and Transparency Policy 2015 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CL 15-26 Accountability and Transparency Policy; AND THAT the By-Law be brought forward for Council consideration. Carried 9.2.6. CL 15-29 Council Code of Conduct CL 15-29 Council Code of Conduct Council Code of Conduct Draft code of conduct 2015 Draft APPENDIX A Disclosure Statement Draft APPENDIX B Formal Complaint Form CL 15-24 Bill 8 Council requested information on a future Integrity Commissioner. Staff will report back to Council in the spring regarding recommendations for the appointment of an Integrity Commissioner. Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CL 15-29 Council Code of Conduct; FURTHER THAT 8.2 and 8.3 be included from the old policy to be included in the revised policy section 8; AND THAT the By-Law be brought forward for Council consideration. Carried Council Meeting – Minutes – December 14, 2015 - 8 - 9.2.7. CL 15-33 Committee of Adjustment Appointment CL 15-33 - Committee of Adjustment By-Law 3977 To Appoint a Committee of Adjustment (Council) Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report CL 15-33 Committee of Adjustment Appointment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an Appointment By-Law be brought forward for Council’s consideration. Carried Council moved to section 6 of the Agenda to receive the Delegations & Presentations at 6:50 p.m. 9.3. Development and Communication Services 9.3.1. Report DCS 15-53 Branding Project Update – Brand Platform Report DCS 15-53 Brand Platform Marcel Rosehart, Vice Chair of the Branding Task Force appeared before Council to provide an update on the branding project. Responses received from a public survey and focus groups were utilized in the creation of the brand platform. A public focus group is planned for January, 2016. The finalization of the brand platform and logo is planned for late February, 2016. Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 15-53 Branding Project Update – Brand Platform; AND THAT the Brand Platform prepared for the Town of Tillsonburg by Ifourone Design and the Branding Task Force be approved in principle subject to the completed brand package being brought back to Council for final approval. Carried Council Meeting – Minutes – December 14, 2015 - 9 - 9.4. Finance 9.4.1. FIN 15-56 County Water Billing Agreement FIN 15-56 County Water Billing Agreement By-Law 3976 To Adopt Water Billing Agreement Schedule A Bylaw 3976 Tillsonburg Billing Agreement Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives report FIN 15-56 County Water Billing Agreement; AND THAT Council consider By-Law 3976 for three readings. Carried 9.4.2. FIN 15-53 Additional Reserve Contribution FIN 15-53 Additonal Reserve Contribution 2015 Projected Additional Contributions to Reserves A staff report will be coming to council in February regarding surplus monies from the 2015 budget. Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives report FIN 15-53 Additional Reserve Contribution; AND THAT Council approves the additional estimated 2015 contribution to reserves in the amount of $317,357. Carried 9.5. Recreation, Culture & Park Services 9.5.1. RCP 15-54 – Renewal of lease for 90 Concession St. E RCP 15-54 - Renewal of lease for 90 Concession St. E Lease Extension and Amendment Agreement 2016-2020 Legal Opinion on Agreement Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report RCP 15-54 – Renewal of lease for 90 Concession St. E.; AND THAT Council authorizes the Lease Extension and Amendment Agreement for the lease of 90 Concession St. E to the Province of Ontario for use as the Council Meeting – Minutes – December 14, 2015 - 10 - Headquarters for the Oxford County Detachment of the Ontario Provincial Police for 2016-2020; AND THAT a By-law be brought forward for Council consideration. Carried 10. Committee Minutes & Reports 10.1. Accessibility Advisory Committee Minutes September 9, 2015 10.2. Airport Advisory Committee Minutes Minutes, October 8, 2015 10.3. Heritage, Beautification & Cemetery Advisory Committee Minutes Minutes, November 5, 2015 Minutes, October 29, 2015 10.4. Special Awards Committee Minutes November 4, 2015 10.5. Town Hall Steering Committee Minutes November 10, 2015 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Accessibility Advisory Committee Minutes of September 9, 2015, the Airport Advisory Committee Minutes of October 8, 2015, the Heritage, Beautification & Cemetery Advisory Committee Minutes of November 5, 2015 and the Beautification Sub-Committee Minutes of October 29, 2015, the Special Awards Committee Minutes of November 4, 2015, and the Town Hall Steering Committee Minutes of November 10, 2015 as information. Carried 10.6. LPRCA Minutes November 4, 2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the LPRCA Minutes of November 4, 2015 as information. Carried Council Meeting – Minutes – December 14, 2015 - 11 - 11. By-Laws By-Laws from the Meeting of Monday, December 14, 2015 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 11.1. THAT By-Law 3968, To adopt the Accountability and Transparency Policy for the Town of Tillsonburg; AND By-Law 3975, To authorize an agreement between The Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure; AND By-Law 3976, To authorize an agreement between The Corporation of the Town of Tillsonburg and the County of Oxford for a Water Billing Agreement; AND By-Law 3977, To appoint a Committee of Adjustment; AND By-Law 3979, To Adopt a Code of Conduct and to Repeal By-Law 3504, code of conduct 2015, be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 11.2. THAT By-Law 3978, To confirm the proceedings of Council at its meeting held on the 14th day of December, 2015, be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 12. Items of Public Interest 13. Adjournment Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Council Meeting of Monday, December 14, 2015 be adjourned at 8:25 p.m. Carried Table of Contents Agenda 4 Minutes, November 23, 2015 Minutes, November 23, 2015 14 Mike Jaczko, 151 Concession St. - regarding the structure that is being built at 151 Concession St. Delegation, Mike Jaczko 23 Tourism Oxford - Update on Tourism Activities Delegation - Tourism Oxford 24 Presentation 27 Correspondence - Syrian Refugees Correspondence - Syrian Refugees 41 Ontario Municipal Partnership Fund Ontario Municipal Partnership Fund 43 Ombudsman Ontario Letter MunicipalityLetter_EN 47 LPRCA 2016 Draft Budget LPRCA 2016 Draft Budget 50 TVDSB Correspondence - Parental Concerns Protocol Correspondence 57 MYR 15-11, Update - County of Oxford MAYORreportCOOXdec2015 58 CAO 15-19 RFP 2015-013 Consulting Services to Conduct a Space Needs Analysis, Presented By: Marty Klein, Chair Town Hall Task Force CAO 15-19 Results for RFP 15-013 Consulting Services to Conduct a Space Needs Analysis 60 CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street 63 CL 15-30, Amendments to Youth Leadership Grant Policy CL 15-30 66 CL 15-28, Revised Terms of Reference HBC - Terms of Reference 71 CL 15-31, Sub-Committee Appointments CL 15-31 75 CL 15-32 2016 Meeting Calendar CL 15-32 - 2016 Meeting Calendar 76 2016 Meeting Calendar 78 CL 15-27 Accountability and Transparency Policy CL 15-27 Accountability and Transparency Policy 79 Accountability and Transparency Policy 2015 (4)83 CL 15-29 Council Code of Conduct CL 15-29 Council Code of Conduct 89 1 Council Code of Conduct 91 Draft code of conduct 2015 99 Draft APPENDIX A Disclosure Statement 131 Draft APPENDIX B Formal Complaint Form 132 CL 15-24 Bill 8 134 CL 15-33 Committee of Adjustment Appointment CL 15-33 - Committee of Adjustment 139 By-Law 3977 To Appoint a Committee of Adjustment (Council)141 Report DCS 15-53 Branding Project Update – Brand Platform Report DCS 15-53 143 Brand Platform 146 FIN 15-56 County Water Billing Agreement FIN 15-56 County Water Billing Agreement 153 By-Law 3976 To Adopt Water Billing Agreement 154 Schedule A Bylaw 3976 Tillsonburg Billing Agreement 155 FIN 15-53 Additional Reserve Contribution FIN 15-53 Additonal Reserve Contribution 179 2015 Projected Additional Contributions to Reserves 180 RCP 15-54 – Renewal of lease for 90 Concession St. E RCP 15-54 - Renewal of lease for 90 Concession St. E 181 Lease Extension and Amendment Agreement 2016- 2020 183 Legal Opinion on Agreement 188 Accessibility Advisory Committee Minutes September 9, 2015 189 Airport Advisory Committee Minutes Minutes, October 8, 2015 191 Heritage, Beautification & Cemetery Advisory Committee Minutes Minutes, November 5, 2015 194 Minutes, October 29, 2015 196 Special Awards Committee Minutes November 4, 2015 198 Town Hall Steering Committee Minutes November 10, 2015 202 LPRCA Minutes November 4, 2015 204 By-Law 3968, To adopt the Accountability and Transparency Policy for the Town of Tillsonburg. By-Law 3968 209 Accountability and Transparency Policy 2015 (4)210 By-Law 3975, Lease Extension Agreement, 90 Concession Street By-Law 3975 216 2 L10767 - 90 Concession St E, Tillsonburg - SOUTH REGION - LEAA - 110215....217 By-Law 3976 To Authorize an Agreement Between the Town the County of Oxford for Water Billing. By-Law 3976 To Adopt Water Billing Agreement 222 Schedule A Bylaw 3976 Tillsonburg Billing Agreement 223 By-Law 3977 To Appoint a Committee of Adjustment By-Law 3977 To Appoint a Committee of Adjustment (Council)247 By-Law 3978, To confirm the proceedings of Council at its meeting held on the 14th day of December, 2015 By-Law 3978 249 By-Law 3979, To Adopt a Code of Conduct and to Repeal By- Law 3504. By-Law 3979 To Adopt the Code of Conduct 250 Draft code of conduct 2015 251 3 = 1. Call to Order 2. Adoption of Agenda Moved By: Seconded By: Proposed Resolution #1 THAT the Agenda as prepared for the Council meeting of Monday, December 14, 2015, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Council Meeting of November 23, 2015 Minutes, November 23, 2015 Moved By: Seconded By: Proposed Resolution #2 THAT the Minutes of the Council Meeting of November 23, 2015, be approved. 6. Delegations and Presentations 6.1. Special Awards Presentation - Samuel Cull Presented By: Mayor Molnar & Councillor Brian Stephenson, Special Awards Committee The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, December 14, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 4 Council Meeting – Agenda - 2 - 6.2. 151 Concession Street Delegation By: Mike Jaczko Delegation, Mike Jaczko Moved By: Seconded By: Proposed Resolution #3 THAT Council receives the delegation by Mike Jaczko regarding 151 Concession Street as information. 6.3. Cultural Advisory Committee Grant Request - Family Day Event Moved By: Seconded By: Proposed Resolution #4 THAT Council receives the delegation by the Cultural Advisory Committee as information. 6.4. Tourism Oxford - Update on Tourism Activities Presented By: Meredith Maywood Delegation - Tourism Oxford Presentation Moved By: Seconded By: Proposed Resolution #5 THAT Council receives the presentation by Meredith Maywood regarding an Update on Tourism Activities, for information. 7. Information Items 7.1. Correspondence - Syrian Refugees Correspondence - Syrian Refugees 7.2. Ontario Municipal Partnership Fund Ontario Municipal Partnership Fund 7.3. Ombudsman Ontario Letter MunicipalityLetter_EN 7.4. LPRCA 2016 Draft Budget LPRCA 2016 Draft Budget 5 Council Meeting – Agenda - 3 - 7.5. TVDSB Correspondence - Parental Concerns Protocol Correspondence Moved By: Seconded By: Proposed Resolution #6 THAT Council receives items 7.1 to 7.5 as information. 8. Mayor 8.1. MYR 15-11, Update - County of Oxford MAYORreportCOOXdec2015 Moved By: Seconded By: Proposed Resolution #7 THAT Council receives Report MYR 15-11 for information. 9. Reports from Departments 9.1. Chief Administrative Officer 9.1.1. CAO 15-19 RFP 2015-013, Consulting Services to Conduct a Space Needs Analysis Presented By: Marty Klein, Chair Town Hall Task Force CAO 15-19 Results for RFP 15-013 Consulting Services to Conduct a Space Needs Analysis Moved By: Seconded By: Proposed Resolution #8 THAT Council receives Report CAO 15-19 Results for RFP 2015-013 Consulting Services to Conduct a Space Needs Analysis; AND THAT the Town Hall Steering Committee recommends to Council the award of RFP 2015-013 to KNY Architects Inc., of Burlington, Ontario at a total cost of $22,500.00 (exclusive of HST) being the highest scoring proposal received; AND FURTHER THAT Council provide 2016 pre-budget approval in the amount of $25,000 in order to proceed with the space needs analysis in advance of the approval of the 2016 budget. 6 Council Meeting – Agenda - 4 - 9.1.2. CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street CAO 15-20 - Quotation for Building Condition Assessment - 83 Rolph Street Moved By: Seconded By: Proposed Resolution #9 THAT Council receives report CAO-15-20, Quotation - Building Condition Assessment – 83 Rolph Street; AND THAT Council authorize the allocation of $7750.00 from reserves for the purpose of obtaining a Building Condition Assessment of 83 Rolph Street. 9.2. Clerk’s Office 9.2.1. CL 15-30, Amendments to Youth Leadership Grant Program CL 15-30 Moved By: Seconded By: Proposed Resolution #10 THAT Council receives Report CL 15-30, Amendments to Youth Leadership Grant Program; AND THAT Council endorses the amendments to the Youth Leadership Grant Program. 9.2.2. CL 15-28, Heritage, Beautification & Cemetery Advisory Committee Revised Terms of Reference CL 15-28, HBC - Terms of Reference Moved By: Seconded By: Proposed Resolution #11 THAT Council receives Report CL 15-28, Heritage, Beautification & Cemetery Advisory Committee Revised Terms of Reference; AND THAT Council endorses the revised Terms of Reference of the Heritage, Beautification and Cemetery Advisory Committee. 7 Council Meeting – Agenda - 5 - 9.2.3. CL 15-31, Beautification Working Group Sub-Committee Appointment CL 15-31 Moved By: Seconded By: Proposed Resolution #12 THAT Council receives Report CL 15-31, Beautification Working Group Sub- Committee Appointment; AND THAT Council endorses the appointment of Matthew Fenn by the Heritage, Beautification & Cemetery Advisory Committee to the Beautification Working Group Sub-Committee. 9.2.4. CL 15-32 2016 Meeting Calendar CL 15-32 - 2016 Meeting Calendar 2016 Meeting Calendar Moved By: Seconded By: Proposed Resolution #13 THAT Council receives Report CL 15-32, 2016 Meeting Calendar; AND THAT the following regular Council Meetings be re-scheduled or cancelled for 2016: Monday, February 22, 2016 is re-scheduled to Thursday, February 25, 2016, due to the annual OGRA/ROMA Conference; Monday June 13, 2016 is re-scheduled to Thursday June 16, 2016 due to the annual AMCTO Conference; Monday, July 25, 2016 is cancelled; Monday, August 22, 2016 is cancelled; Monday, October 10, 2016 is re-scheduled to Tuesday, October 11, 2016, due to Thanksgiving and; Monday, December 26, 2016 is cancelled; AND THAT this information be forwarded appropriately, including the County of Oxford, MP and MPP, as well as posted on the Town of Tillsonburg website and at the Tillsonburg Customer Service Centre. 8 Council Meeting – Agenda - 6 - 9.2.5. CL 15-27 Accountability and Transparency Policy CL 15-27 Accountability and Transparency Policy Accountability and Transparency Policy 2015 Moved By: Seconded By: Proposed Resolution #14 THAT Council receives Report CL 15-26 Accountability and Transparency Policy; AND THAT the By-Law be brought forward for Council consideration. 9.2.6. CL 15-29 Council Code of Conduct CL 15-29 Council Code of Conduct Council Code of Conduct Draft code of conduct 2015 Draft APPENDIX A Disclosure Statement Draft APPENDIX B Formal Complaint Form CL 15-24 Bill 8 Moved By: Seconded By: Proposed Resolution #15 THAT Council receives Report CL 15-29 Council Code of Conduct; AND THAT the By-Law be brought forward for Council consideration. 9.2.7. CL 15-33 Committee of Adjustment Appointment CL 15-33 - Committee of Adjustment By-Law 3977 To Appoint a Committee of Adjustment (Council) Moved By: Seconded By: Proposed Resolution #16 THAT Council receives Report CL 15-33 Committee of Adjustment Appointment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an Appointment By-Law be brought forward for Council’s consideration. 9 Council Meeting – Agenda - 7 - 9.3. Development and Communication Services 9.3.1. Report DCS 15-53 Branding Project Update – Brand Platform Report DCS 15-53 Brand Platform Moved By: Seconded By: Proposed Resolution #17 THAT Council receives Report DCS 15-53 Branding Project Update – Brand Platform; AND THAT the Brand Platform prepared for the Town of Tillsonburg by Ifourone Design and the Branding Task Force be approved in principle subject to the completed brand package being brought back to Council for final approval. 9.4. Finance 9.4.1. FIN 15-56 County Water Billing Agreement FIN 15-56 County Water Billing Agreement By-Law 3976 To Adopt Water Billing Agreement Schedule A Bylaw 3976 Tillsonburg Billing Agreement Moved By: Seconded By: Proposed Resolution #18 THAT Council receives report FIN 15-56 County Water Billing Agreement; AND THAT Council consider By-Law 3976 for three readings. 9.4.2. FIN 15-53 Additional Reserve Contribution FIN 15-53 Additonal Reserve Contribution 2015 Projected Additional Contributions to Reserves Moved By: Seconded By: Proposed Resolution #19 THAT Council receives report FIN 15-53 Additional Reserve Contribution; AND THAT Council approves the additional estimated 2015 contribution to reserves in the amount of $317,357. 10 Council Meeting – Agenda - 8 - 9.5. Recreation, Culture & Park Services 9.5.1. RCP 15-54 – Renewal of lease for 90 Concession St. E RCP 15-54 - Renewal of lease for 90 Concession St. E Lease Extension and Amendment Agreement 2016-2020 Legal Opinion on Agreement Moved By: Seconded By: Proposed Resolution #20 THAT Council receives Report RCP 15-54 – Renewal of lease for 90 Concession St. E.; AND THAT Council authorizes the Lease Extension and Amendment Agreement for the lease of 90 Concession St. E to the Province of Ontario for use as the Headquarters for the Oxford County Detachment of the Ontario Provincial Police for 2016-2020; AND THAT a By-law be brought forward for Council consideration. 10. Committee Minutes & Reports 10.1. Accessibility Advisory Committee Minutes September 9, 2015 10.2. Airport Advisory Committee Minutes Minutes, October 8, 2015 10.3. Heritage, Beautification & Cemetery Advisory Committee Minutes Minutes, November 5, 2015 Minutes, October 29, 2015 10.4. Special Awards Committee Minutes November 4, 2015 10.5. Town Hall Steering Committee Minutes November 10, 2015 Moved By: Seconded By: Proposed Resolution #21 THAT Council receives the Accessibility Advisory Committee Minutes of September 9, 2015, the Airport Advisory Committee Minutes of October 8, 2015, the Heritage, Beautification & Cemetery Advisory Committee Minutes of 11 Council Meeting – Agenda - 9 - November 5, 2015 and the Beautification Sub-Committee Minutes of October 29, 2015, the Special Awards Committee Minutes of November 4, 2015, and the Town Hall Steering Committee Minutes of November 10, 2015 as information. 10.6. LPRCA Minutes November 4, 2015 Moved By: Seconded By: Proposed Resolution #22 THAT Council receives the LPRCA Minutes of November 4, 2015 as information. 11. Notice of Motions 12. By-Laws By-Laws from the Meeting of Monday, December 14, 2015 Moved By: Seconded By: Proposed Resolution #23 12.1. THAT By-Law 3968, To adopt the Accountability and Transparency Policy for the Town of Tillsonburg, Accountability and Transparency Policy 2015 ; AND By-Law 3975, To authorize an agreement between The Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure; AND By-Law 3976, To authorize an agreement between The Corporation of the Town of Tillsonburg and the County of Oxford for a Water Billing Agreement, Schedule A Bylaw 3976 Tillsonburg Billing Agreement; AND By-Law 3977, To appoint a Committee of Adjustment; AND By-Law 3979, To Adopt a Code of Conduct and to Repeal By-Law 3504, code of conduct 2015, be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 12 Council Meeting – Agenda - 10 - Moved By: Seconded By: Proposed Resolution #24 12.2. THAT By-Law 3978, To confirm the proceedings of Council at its meeting held on the 14th day of December, 2015, be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 13. Items of Public Interest 14. Adjournment Moved By: Seconded By: Proposed Resolution #25 THAT the Council Meeting of Monday, December 14, 2015 be adjourned at _____ p.m. 13 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Darrell Eddington, Director of Finance Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services Tricia Smith, Deputy Clerk Regrets: Donna Wilson, Town Clerk 1. Call to Order The meeting was called to order at 6:04 p.m. 2. Closed Session Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Broadway; Airport Agricultural Lease; Boundary Road Maintenance Agreement). Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 23, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 14 Council Meeting – Minutes - 2 - 3. Adoption of Agenda Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, November 23, 2015, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of November 9, 2015 Minutes, November 9, 2015 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of November 9, 2015, be approved. Carried 7. Delegations and Presentations 7.1. Volunteer Achievement Award Presentation to Dianne Hodges Presented By: Mayor Stephen Molnar & Ann Loker Mayor Stephen Molnar and Ann Loker, Chair of the Special Awards Committee, presented Dianne Hodges with the Volunteer Achievement Award. 7.2. Designated Parking Space Agreement, 71 Washington Grand Avenue - Len Ladoucer Correspondence Delegation, Len Ladoucer Len Ladoucer appeared before Council to speak to the Designated Parking Space Agreement for 71 Washington Grand Avenue. Mr. Ladoucer made a request to Council to reduce the number of designated parking spaces to one and allow for the second space to be used by the public. 15 Council Meeting – Minutes - 3 - 7.3. Designated Parking Space Agreement , 71 Washington Grand Avenue - Michelle Jackson Delegation, Michelle Jackson Michelle Jackson appeared before Council to speak to the Designated Parking Space Agreement for 71 Washington Grand Avenue. She noted that her property does not have a driveway or garage to allow for on-site parking and the reduction of designated parking spaces from two to one would make selling her property more difficult. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegations by Len Ladoucer and Michelle Jackson regarding the Designated Parking Space Agreement for 71 Washington Grand Avenue, as information. Carried 7.4. Community Transportation Pilot Project Update Presented By: John Preston Delegation, John Preston Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Community Transportation Pilot Project Update as information. Carried John Preston appeared before Council to provide an update on the Community Transportation Pilot Project. A Special introductory rate of $2/rider each way will be offered to residents of Hickory Hills during the first month of operation. Pick up times and locations will be provided once registrations are confirmed. Two new programs are being introduced including the Taxi Bus for Workers group ride program and the Regional Rideshare Program. 8. Information Items 8.1. The Ontario Medal for Young Volunteers & Ontario Volunteer Service Awards The Ontario Medal for Young Volunteers 16 Council Meeting – Minutes - 4 - Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives item 8.1 as information. Carried Council directed staff to circulate the correspondence regarding the Ontario Medal for Young Volunteers and Ontario Volunteer Service Awards to the Special Awards Committee for the creation of a Town Volunteer List, and to the Council Advisory Committees and Glendale High School. 9. Reports from Departments 9.1. Clerk’s Office 9.1.1. CL 15-26, Committee Appointments CL 15-26, Committee Appointments By-Law 3966 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives report CL 15-26 Committee Appointments; AND THAT Wendy Cameron be appointed to the BIA Board of Directors, replacing Joe McIntyre; AND THAT By-Law 3965, to amend By-Law 3901, being a By-Law to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), be brought forward for Council consideration; AND THAT Christine Nagy be appointed as the Tillsonburg Horticultural Society representative to the Heritage, Beautification & Cemetery Advisory Committee; AND THAT By-Law 3966, to amend Schedule A of By-Law 3876, be brought forward for Council consideration. Carried 9.2. Finance 9.2.1. FIN 15-47 Purchasing Policy FIN 15-47 Purchasing Policy By-Law 3967 To Adopt Purchasing Policy Schedule A By Law 3967 Purchasing Policy 17 Council Meeting – Minutes - 5 - The Director of Finance reported to Council that under the new Purchasing Policy, the Town may reach out to proponents through more than one newspaper and website. Staff will be hosting an upcoming session on e-bidding for local and non-local vendors. Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 15-47 Purchasing Policy; AND THAT a By-Law to establish a Purchasing Policy be brought forward for Council’s consideration. Carried 9.3. Operations 9.3.1. OPS 15-40 Oak Park Phase 2012 Subdivision Agreement OPS 15-40 Oak Park Phase 2012 Subdivision Agreement OPS 15-40 Attachment 1 - Oak Park Phase 2012 Subdivision Agreement Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report OPS 15-40 Oak Park Phase 2012 Subdivision Agreement; AND THAT a By-law authorizing the Mayor and Clerk to enter into the Subdivision Agreement between the Town and Landmark Homes Inc. be brought forward for Council consideration. Carried 9.3.2. OPS 15-41 Broadway Street Rehablitation OPS 15-41 Broadway Street Rehablitation OPS 15-41 Attachment 1 - Broadway Street Rehabilitation Agreement Staff will have a follow-up discussion with the Ministry of Transportation regarding the Ontario’s Connecting Links program and the rehabilitation work along Broadway Street north of North Street and will report back to Council prior to the signing of the construction agreement. 18 Council Meeting – Minutes - 6 - Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 15-41 Broadway Street Rehabilitation; AND THAT Council authorizes 2016 Pre-Budget Approval in the amount of $435,000 for the coordination of rehabilitation work with the MTO along Broadway Street north of North Street; AND THAT a By-Law authorizing the Mayor and Clerk to enter into the Broadway Street Rehabilitation Agreement with the MTO be brought forward for Council consideration. Motion to Defer Main Motion: Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT the motion be deferred until all of the 2016 budget requests and information have been reviewed, which would be at the last budget meeting scheduled for December 2, 2015. Defeated Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 15-41 Broadway Street Rehabilitation; AND THAT Council authorizes 2016 Pre-Budget Approval in the amount of $435,000 for the coordination of rehabilitation work with the MTO along Broadway Street north of North Street; AND THAT a By-Law authorizing the Mayor and Clerk to enter into the Broadway Street Rehabilitation Agreement with the MTO be brought forward for Council consideration. Carried 9.4. Recreation, Culture & Park Services 9.4.1. RCP 15-49 – CSC Boiler Replacement RCP 15-49 - CSC Boiler Replacement Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 15-49 – CSC Boiler Replacement; 19 Council Meeting – Minutes - 7 - AND THAT T.A. Thomson Electrical Contractors be awarded the contract to replace boilers at the Customer Service Centre at their quoted price of $14,800.00 (plus HST); AND THAT the replacement costs be funded from the unused portion of the allocation approved for roof and brick repairs at the Customer Service Centre. Carried 10. Committee Minutes & Reports 10.1. Development Committee Minutes Minutes, October 13, 2015 Brian Tree, Vice President of Unifor Local 88, was invited by Council to speak to the Trans-Pacific Partnership. Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Development Committee Minutes of October 13, 2015; AND THAT Council support in principle the Trans-Pacific Partnership resolution subject to the Federal Government developing a strategy related to the transition period for the automotive sector in order to mitigate impacts. Carried 10.2. Special Awards Committee Minutes Minutes, September 16, 2015 10.3. Town Hall Steering Committee Minutes Minutes, October 22, 2015 10.4. Heritage, Beautification & Cemetery Advisory Committee Minutes HBC Minutes, October 1, 2015 HBC Minutes, September 3, 2015 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Special Awards Committee Minutes of September 16, 2015, the Town Hall Steering Committee Minutes of October 22, 2015, and the Heritage, Beautification & Cemetery Advisory Committee Minutes of September 3, 2015 and October 1, 2015 as information. Carried 20 Council Meeting – Minutes - 8 - 10.5. LPRCA Minutes LPRCA Minutes, October 7, 2015 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the LPRCA Minutes of October 7, 2015 as information. Carried 11. Notice of Motions 12. By-Laws By-Laws from the Meeting of Monday, November 23, 2015 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.1. THAT By-Law 3965, To amend By-Law 3901, being a By-Law to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby established by The Corporation of the Town of Tillsonburg; AND THAT By-Law 3966, To amend Schedule A of By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg; AND THAT By-Law 3967, To adopt the Town of Tillsonburg Purchasing Policy; AND THAT By-Law 3969, To authorize a Subdivision Agreement with Landmark Homes Inc. to allow for the development of lands consisting of 18 lots described as Lots 59-67 & 87-95 of Plan 41M-143 in the Town of Tillsonburg, County of Oxford; AND THAT By-Law 3970, To authorize an Agreement between The Corporation of the Town of Tillsonburg and Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the “Ministry”), be read for a first, second and third and final reading and that the Mayor and Deputy Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21 Council Meeting – Minutes - 9 - Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.2. THAT By-Law 3971, To confirm the proceedings of Council at its meeting held on the 23rd day of November, 2015, be read for a first, second and third and final reading and that the Mayor and Deputy Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 13. Items of Public Interest 14. Adjournment Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, November 23, 2015 be adjourned at 8:19 p.m. Carried 22 23 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or tsmith@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 24 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 25 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 26 Tourism Oxford Update 27 Importance of Tourism in Oxford Visitor Spending 72 Million Avg. $79 pp # 4 Elgin Oxford 900,000 Nights 440,000 Avg. 2.3 28 What we do •1. i. A County that Works Together > Strengthen, diversify and broaden the economic/prosperity base through: •Strengthening tourism-supportive initiatives •Promotion of local agriculture and “buy local” food initiatives •1.ii. A County that Works Together > Enhance the quality of life for all of our citizens by: •Promoting community participation and life-long involvement in recreational and cultural activities An external service that develops and coordinates strategies and marketing to support the growth of the tourism industry in Oxford County. An external service that provides information to tourists. Development •Training •Support •New Products Marketing: •Tourists •Visiting Friend & Family (VFR) 29 It is about helping visitors… Directly Print Online 30 …helping partners… 31 …and working with partners 32 Regional: Marketing & Partnerships 33 Changes: We Moo-ved 34 Changes: Online Presence 35 Changes: Advertising Package 2016 - 2017 36 Changes: Focusing on Priorities Touring 37 Marketing: Influencers & Writers 38 Marketing: Engagement 39 Marketing: Your Role Every year 550,000 friends & family visit Oxford County residents When you host visiting friends & family you have a big impact on where they go, what they do and where they dine. Spend time with them in Oxford County. 40 MIN15-68224 November 27, 2015 Dear Heads of Council: I’m aware that many municipal leaders have questions about their possible involvement in helping to resettle Syrian refugees. While many details remain to be worked out by the federal government, the overall plan is taking shape nicely. Let me share with you a few of the things we know so far. • We expect that the first wave of refugees coming to Canada will number about 10,000 by year end. • Of these the majority will be privately sponsored. These refugees will be settled and cared for by their sponsors. • A much smaller number will be government assisted. These refugees will be assisted by federally-funded Refugee Assistance Program agencies located in six urban centres: Toronto (serving the Greater Toronto Area including Peel, York and Durham Regions), Ottawa, London, Windsor, Hamilton and Kitchener- Waterloo. These communities account for about 90% of immigrant and refugee landings to Ontario. • We expect the government assisted refugees will be located primarily in those urban centres, to make it as easy as possible to provide them with services. • An additional 15,000 refugees are expected to come to Canada by the end of February 2016. • Ontario played a leadership role early on, with an additional $8.5-million in funding to help sponsors and settlement organizations. We continue to play a leadership role in helping to coordinate these efforts. Federal, provincial and municipal representatives are hard at work on pinning down more details and engaging directly with the municipalities likely to be most affected. … /2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel. 416-585-7000 Fax 416-585-6470 www.ontario.ca/MAH Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. 416-585-7000 Téléc. 416-585-6470 www.ontario.ca/MAH 41 -2- • I’ve spoken with a number of mayors in the last few days and been overwhelmed by the outpouring of generosity. Everyone is eager to help. This is a proud moment for our province and our country. • The federal government has established a website, Welcome Refugees [http://www.cic.gc.ca/english/refugees/welcome/index.asp] for up-to-date information. Ontario has also established a Syrian Refugee page [www.ontario.ca/syrianrefugees] with information on how people can help. • Our province has also established a central co-ordinating function here led by Joan Andrew, a very able former deputy minister of Citizenship and Immigration. You can reach her at 416-325 4764 or joan.andrew@ontario.ca. I’m very proud of the way our province is stepping up to show hospitality, and I’m grateful to all of you for your many efforts. As plans continue to evolve, I’ll do my best to keep you informed. And I or Joan will be happy to receive your suggestions and offers of resources as we go forward. Kindest personal regards, Ted McMeekin Minister 42 43 44 45 46 November 30, 2015 Greetings, With the New Year fast approaching, our Office would like to provide you with information about the expansion of the Ombudsman’s jurisdiction to municipalities. As of January 1, 2016, the Ombudsman can begin accepting, resolving and investigating complaints about municipalities under the Public Sector and MPP Accountability and Transparency Act, 2014. The Ombudsman’s jurisdiction will extend to municipalities, local boards and municipally-controlled corporations, with some exceptions as set out in regulation. The Ontario Ombudsman is an independent officer appointed by the Legislative Assembly of Ontario to conduct impartial investigations into individual and systemic issues relating to the administrative conduct of public bodies. The Ombudsman’s services are available to anyone free of charge. As we do with the tens of thousands of provincial complaints we handle every year, we will work to resolve complaints about municipalities wherever possible. We resolve most complaints without the need for an investigation or report. We are an office of last resort, meaning individuals should exhaust any available appeal mechanisms (such as the Ontario Municipal Board) before complaining to the Ombudsman. The Ombudsman also strongly encourages municipalities to resolve local issues at the local level, and to create their own complaint resolution mechanisms, which may include appointing accountability officers such as integrity commissioners, ombudsman and auditors general. If internal complaint mechanisms are unable to resolve the problem and the Ombudsman determines that an investigation is warranted (either into an individual complaint issue or a broader systemic one), relevant municipal sector entities will be notified by our Office and required to co-operate with our investigation. The Ombudsman may report findings and recommendations publicly. However, the Ombudsman cannot overturn any decisions of a municipal sector entity, and recommendations are not binding. The Ombudsman’s Office has 40 years of experience in resolving and investigating administrative problems throughout the provincial government. We handle more than 23,000 complaints each year by applying alternate dispute resolution strategies – resolving over half of all cases in less than two weeks. At the same time, almost all of the Ombudsman’s recommendations for systemic change have been accepted by the government in the past 10 years, resulting in administrative improvements that have positively affected millions of Ontarians (e.g., expansion of newborn screening, a more secure lottery system, better monitoring of unlicensed daycares). We have always received excellent co-operation from the public bodies we oversee. We have recently reached out to the Association of Municipalities of Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario and other stakeholders to share information about our Office’s role. Today, we are also inviting you to complete a brief online survey (information attached) that will help us in responding to any complaints we may receive about your municipality. Please note 47 2 that we are seeking contact information for officials who have direct responsibility for areas related to complaint resolution, as opposed to protocol officers or communications staff. Although we are happy to deal with these officials for communications-related matters, when we are make inquiries about complaints, we communicate directly with staff who have the most relevant information about the matter at issue. For more information about how we work and our new mandate with respect to municipalities, you might wish to review our Frequently Asked Questions at https://ombudsman.on.ca/About-Us/MUS-FAQ.aspx and our new brochure, Complaints about Municipalities, at http://www.ombudsman.on.ca/Resources/Brochure.aspx. We also have an Open Meeting Law Enforcement Team which deals with complaints that municipal meetings have been improperly closed to the public under the Municipal Act. For more information on the activities of the Open Meeting Law Enforcement Team, please see our OMLET Annual Report here: https://ombudsman.on.ca/Investigations/Municipal-Meetings/Municipal-Annual-Reports.aspx. Our latest Annual Report, published in July for the 2014-2015 fiscal year, also provides a good overview of our work. It can be found online here: https://ombudsman.on.ca/Resources/Reports/2014-2015- Annual-Report.aspx?lang=en-CA. You can also receive information about our office monthly by subscribing to our e-newsletter at https://ombudsman.on.ca/Newsroom/E-Newsletter.aspx. My team and I would be happy to answer questions, provide copies of our publications, or connect you with our colleagues who will be working on municipal cases. Please contact us by emailing thewatchdog@ombudsman.on.ca, or call our Communications Officers: Laura Nadeau (416-586-3402) or Cynthia McQueen (416-586-3525). Sincerely, Linda Williamson Director of Communications, Office of the Ombudsman of Ontario Encl. 48 3 MUNICIPALITY CONTACT SURVEY As noted in our letter, in anticipation of the Ontario Ombudsman’s new jurisdiction over municipalities as of January 1, 2016, our Office would appreciate receiving some information about your municipality to assist us in responding to any complaints we may receive. We kindly ask that you complete the online, confidential survey here: https://www.surveymonkey.com/r/XQCMLTS The information gathered will be used by our staff to inquire about relevant processes and, where necessary, to provide referrals to complainants. After January 1, 2016, should any complaints remain unresolved after relevant processes have been exhausted within your municipality, you may refer individuals to the Ombudsman’s office at https://ombudsman.on.ca/Make-A-Complaint.aspx. Should you have any questions about the survey, our Office, or anything else relating to our work and new role relating to municipalities, please email our Communications team at thewatchdog@ombudsman.on.ca and we will be happy to assist you. Our Communications Officers would also be happy to answer your questions, or refer you to someone who can: Laura Nadeau (416-586-3402) or Cynthia McQueen (416-586-3525). 49 Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 ˖ Fax 519-842-7123 Email: conservation@lprca.on.ca ˖ www.lprca.on.ca A Member of the Conservation Ontario Network December 4, 2015 File:1.4.5.1 David Calder, Chief Administrative Officer Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A7 Re: 30-Day Notice to Affected Municipalities – 2016 Draft LPRCA Budget Dear Mr. Calder, At a Special Board of Directors meeting held on Wednesday, December 2nd, the Draft 2016 Operating and Capital Budgets for LPRCA were approved. Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to consider and provide comment regarding the draft budget. The Regulation also requires that the notice be accompanied by the financial information used to determine that levy. As such, please find attached the following information on LPRCA’s budgets for its member municipalities: 1. 2016 Draft Consolidated Budget Summary 2. 2016 Draft Statement of Operations 3. Five-year Draft Capital Budget 2016-2020 4. LPRCA Draft 2016 Municipal Levy - Consolidated 5. Five Year Summary by Municipality of Levy Apportioned by CVA % 6. Capital Levy by Municipality Apportioned by CVA % LPRCA is requesting any comment regarding the Draft 2016 Budget to be forwarded to this office no later than noon Wednesday, January 6th, 2016. The weighted vote for the Final 2015 LPRCA Budget will take place the evening of Wednesday, January 13th, 2016 as part of the regular meeting of the LPRCA Board of Directors. On behalf of the LPRCA Board of Directors, I would respectfully request the opportunity to present the draft budget to your council at its earliest convenience. If you have any questions or need further information, please feel free to contact myself at 519-842-4242, ext. 225. Sincerely, Cliff Evanitski General Manager 50 Attachment 1 2015 2016BudgetDraft Budget $$$% Total Operating Expenditures 3,742,996 3,818,867 75,871 2%87.0% Total Capital Expenditures *174,086 568,200 394,114 226%13.0% 3,917,082 4,387,067 469,985 12%100.0% SOURCES OF REVENUE Municipal Levy - Operating 1,135,137 1,412,680 277,542 24%32.2% Municipal Levy - Capital 174,086 269,000 94,914 55%6.1% 1,309,223 1,681,680 372,456 28% **Municipal Levy - Special - 65,000 65,000 1.5% Subtotal Municipal Levy 1,309,223 1,746,680 437,456 33%39.8% Provincial Funding 50,530 62,196 11,666 23%1.4% MNR Grant 67,300 68,240 940 1%1.6% MNR WECI & Municipal Funding 77,200 77,200 1.8% Federal Funding 23,987 89,844 65,857 275%2.0% User Fees 1,847,682 1,982,224 134,542 7%45.2% Community Support 373,412 283,684 (89,728) (24%)6.5% Deferred Revenue/Reallocation 77,000 77,000 1.8% Contribution from(to) Reserves 244,947 (0) (244,948) (100%)0.0% TOTAL REVENUE 3,917,082 4,387,067 469,985 12%100.0% *The Capital Expenditures in the 2016 Draft Budget are proposed to be funded by Municipal Levy of $269,000, Special Levy of $65,000, WECI $77,200, Federal Natural Disaster Mitigation Program $80,000 and $77,000 prior year reallocated capital levy. Application for WECI will be completed early in 2016 and the Federal program has been applied to in 2015 and a response has not been received. **Municipal Levy - Special is for Norfolk County and relates to the proposed Shoreline Mapping Project Long Point Region Conservation Authority 2016 Change from 2016 Draft Consolidated Budget Summary % of Draft Budget2015 Budget 51 Attachment 2 2015 2016 Budget Draft Budget $$$% Program: Watershed Planning and Technical Services 217,325 230,041 12,715 6%- (19,682) Watershed Flood Control Services 287,437 261,707 (25,731) (9%)- (22,670) Healthy Watershed Services 267,481 189,141 (78,340) (29%)(4,030) 2,329 Communication and Marketing Services 117,245 122,296 5,051 4%- 8,151 Backus Heritage and Education Services 508,587 536,677 28,090 6%- (999) Public Forest Land Management Services 222,183 250,397 28,213 13%(59,603) No levy Private Forest Land Management Services 210,506 131,448 (79,058) (38%)- No levy Conservation Parks Management Services 619,378 693,355 73,977 12%(179,324) No levy Other Conservation and Land Management Services 431,721 498,457 66,736 15%- 101,786 Corporate Services 861,132 905,349 44,217 5%242,957 208,629 Total Program Expenditures 3,742,996 3,818,867 75,871 2%(0) 277,542 Objects of Expenses: Staff Expenses 2,405,172 2,471,882 66,710 3% Staff Related Expenses 58,916 56,771 (2,145) (4%) Materials and Supplies 348,278 293,438 (54,840) (16%) Purchased Services 858,445 925,134 66,689 8% Equipment 23,225 25,850 2,625 11% Other 48,960 45,792 (3,168) (6%) Total Expenditures 3,742,996 3,818,867 75,871 2% Sources of Revenue: Municipal Levy - Operating 1,135,137 1,412,680 277,542 24% Provincial Funding 50,530 62,196 11,666 23% MNR Grant 67,300 68,240 940 1% MNR WECI & Municipal Funding - - - Federal Funding 23,987 9,844 (14,143) (59%) User Fees 1,847,682 1,982,224 134,542 7% Community Support 373,412 283,684 (89,729) (24%) Contribution from (to) Reserves 244,947 (0) (244,947) (100%) Total Revenue 3,742,996 3,818,867 75,871 2% Long Point Region Conservation Authority Statement of Operations 2016 Change from Contribution (to) from Reserves Increase to Levy2015 Budget 52 Attachment 3 PROGRAMS AND PROJECTS Flood Control Structure Repairs and Studies(levy $129,500)206,700$ 200,000$ 192,500$ 187,500$ 150,000$ $936,700 $0 Database Software -$ 27,000$ $27,000 Digital Elevation Model (levy $12.000)12,000$ $12,000 Norfolk County Shoreline Mapping (levy $9,000)154,000$ 68,000$ $222,000 Hydro Upgrades 40,000$ 40,000$ $80,000 Water Systems Upgrades 50,000$ 20,000$ $70,000 Museum Pavilion Replacement $2,000 $2,000 Shingle Mill Building Replacement $2,500 $2,500 Pool Deck Concrete Replacement $18,000 $18,000 New Natural Gas Furnace Installation at Homestead $10,000 $10,000 Security Fence Around Maintenance Barn and Workshop $10,000 $10,000 $15,000 $15,000 New Comfort Station in Campground $45,000 $45,000 $45,000 $45,000 $25,000 $25,000 Deer Creek CA Campsite Upgrades $12,000 $12,000 Haldimand CA Hydro Upgrades $18,000 $32,000 $50,000 Haldimand CA Fire Pit Rings $5,000 $5,000 Norfolk CA Road Improvements $16,000 $16,000 Norfolk CA Water Intake Upgrades $40,000 $40,000 Waterford North CA Comfort Station/Showers $55,000 $55,000 Waterford North CA Hydro Update $40,000 $40,000 $40,000 $70,000 $190,000 Vehicle Replacement ( 1 pick-up)$27,000 $42,000 $30,000 $32,000 $131,000 Equipment Replacement ( 1 front mount lawnmower)$25,000 $23,000 $25,000 $28,000 $101,000 Communication and Marketing Services Information Panels $3,500 $3,500 Corporate Services Computer Upgrades $7,500 $3,000 $3,000 $3,000 $3,000 $19,500 Admin Office Parking Lot $60,000 $60,000 $60,000 $180,000 Admin Office Roof $33,000 $33,000 $33,000 $99,000 Admin Office Furniture $48,000 $48,000 Phone System Administration Office Upgrade $10,000 $10,000 SWOOP $12,000 $12,000 Back Door Replacement $3,459 $3,459 568,200$ 666,959$ 534,000$ 408,500$ 318,000$ 2,495,659$ 269,000$ MUNICIPAL SPECIAL LEVY - Capital 65,000$ 77,200$ 80,000$ Reallocation of General Levy - Capital 77,000$ 568,200$ Backus Heritage and Education Services Long Point Region Conservation Authority FIVE YEAR DRAFT CAPITAL BUDGET 2016-2020 CORPORATE SUMMARY 2016 2017 2018 2019 2020 Total OBJECTS OF EXPENSES Watershed Services Dam Safety Reviews Heating and Cooling System Aunt Eries Conservation Parks Management Services Deer Creek CA Comfort Station - Replacement Deer Creek CA Workshop Upgrade Other Conservation and Land Management Services Deferred Revenue MUNICIPAL GENERAL LEVY - Capital Grants - Provincial (MNR) (WECI) Grants - Federal - Natural Disaster Mitigation Plan SOURCES OF REVENUE 53 Attachment 4 PER CAPITA PER CAPITA OPERATING CAPITAL TOTAL (Watershed) (Municipality) Haldimand County $204,043 $38,854 $242,896 $17.39 $7.77 Norfolk County $748,430 $142,515 $890,944 $17.38 $16.51 Norwich Twp.$90,416 $17,217 $107,633 $16.31 $12.07 South-West Oxford Twp.$29,636 $5,643 $35,279 $18.44 $5.53 Tillsonburg $182,448 $34,741 $217,189 $16.45 $16.45 Total Oxford County $302,500 $57,602 $360,102 Brant County $84,213 $16,036 $100,249 $20.03 $3.21 Bayham Municipality $63,434 $12,079 $75,513 $13.38 $13.38 Malahide Township $10,060 $1,916 $11,976 $17.01 $1.70 $1,412,680 $269,000 $1,681,680 $17.11 $10.11 Increase over 2015 $277,544 $94,914 $372,458 Per Capita Increase over 2015 $2.82 $0.97 $3.79 LPRCA 2016 MUNICIPAL LEVY - CONSOLIDATED-Draft MUNICIPALITY LEVY AMOUNTS 54 Attachment 5 LPRCA Draft Operating Levy Draft Capital Levy Draft Total Levy 1,412,680$ $269,000 $1,681,680 Municipality Year Haldimand County 2012 $147,794 14.87%$15,760 14.87%$163,554 14.87% 2013 $148,561 14.84%$18,722 14.84%$167,283 14.84% 2014 $156,682 14.56%$18,953 14.56%$175,635 14.56% 2015 $164,510 14.49%$25,229 14.49%$189,739 14.49% 2016 $204,043 14.44%$39,533 $38,854 14.44%$13,625 $242,896 9.80%$53,157 Norfolk County 2012 $523,982 52.71%$55,875 52.71%$579,857 52.71% 2013 $528,470 52.77%$66,600 52.77%$595,070 52.77% 2014 $569,812 52.94%$68,928 52.94%$638,740 52.94% 2015 $600,471 52.90%$92,089 52.90%$692,560 52.90% 2016 $748,430 52.98%$147,959 $142,515 52.98%$50,426 $890,944 0.00%$198,384 Oxford County*2012 $214,997 21.63%$22,926 21.63%$237,923 21.63% 2013 $216,073 21.58%$27,231 21.58%$243,304 21.58% 2014 $230,399 21.41%$27,871 21.41%$258,270 21.41% 2015 $243,499 21.45%$37,343 21.45%$280,842 21.45% 2016 $302,500 21.41%$59,001 $57,602 21.41%$20,259 $360,102 21.41%$79,260 Brant County 2012 $59,208 5.96%$6,314 5.96%$65,522 5.96% 2013 $59,999 5.99%$7,561 5.99%$67,560 5.99% 2014 $63,662 5.91%$7,701 5.91%$71,363 5.91% 2015 $67,630 5.96%$10,372 5.96%$78,002 5.96% 2016 $84,213 5.96%$16,583 $16,036 5.96%$5,664 $100,249 5.96%$22,247 Bayham Municipality 2012 $41,286 4.15%$4,403 4.15%$45,689 4.15% 2013 $41,511 4.15%$5,231 4.15%$46,742 4.15% 2014 $48,122 4.47%$5,821 4.47%$53,943 4.47% 2015 $50,983 4.49%$7,819 4.49%$58,802 4.49% 2016 $63,434 4.49%$12,451 $12,079 4.49%$4,260 $75,513 4.49%$16,711 Malahide ` Township 2012 $6,779 0.68%$723 0.68%$7,502 0.68% 2013 $6,776 0.68%$854 0.68%$7,630 0.68% 2014 $7,654 0.71%$926 0.71%$8,580 0.71% 2015 $8,044 0.71%$1,234 0.71%$9,278 0.71% 2016 $10,060 0.71%$2,016 $1,916 0.71%$682 $11,976 0.71%$2,698 2016 $1,412,680 $277,544 $269,000 $94,914 $1,681,680 $372,458 Notes: Operating Notes: Capital Notes: Combined 2012 $10.12 per capita 2012 $1.08 per capita 2012 $11.20 per capita 2013 $10.29 per capita 2013 $1.30 per capita 2013 $11.59 per capita 2014 $11.06 per capita 2014 $1.34 per capita 2014 $12.40 per capita 2015 $11.67 per capita 2015 $1.79 per capita 2015 $13.46 per capita 2016 $14.37 per capita 2016 $2.74 per capita 2016 $17.11 per capita Oxford County Apportionment:Oxford County Apportionment:Oxford County Apportionment: Norwich Twp.90,416$ Norwich Twp.17,217$ Norwich Twp.107,633$ South-West Oxford 29,636$ South-West Oxford 5,643$ South-West Oxford 35,279$ Tillsonburg 182,448$ Tillsonburg 34,741$ Tillsonburg 217,189$ 302,500$ 57,602$ 360,102$ 5 Year Summary by Municipality of Levy Apportioned by CVA % Municipal Levy - Operating Municipal Levy - Capital Municipal Levy - Combined Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 55 Attachment 6 LPRCA Haldimand Norfolk Norwich South-West Brant Bayham Malahide Project County County Township Oxford Twp.Tillsonburg County Municipality Township Total Watershed Services 21,738$ 79,734$ 9,632$ 3,157$ 19,437$ 8,972$ 6,758$ 1,072$ 150,500$ Backus Heritage and Education Services 1,878$ 6,887$ 832$ 273$ 1,679$ 775$ 584$ 93$ 13,000$ Conservation Parks Management Services 14,155$ 51,920$ 6,272$ 2,056$ 12,657$ 5,842$ 4,401$ 698$ 98,000$ Other Conservation and Land Management Services -$ -$ -$ -$ -$ -$ -$ -$ -$ Communication and Marketing Services -$ -$ -$ -$ -$ -$ -$ -$ -$ Corporate Services 1,083$ 3,973$ 480$ 157$ 969$ 447$ 337$ 53$ 7,500$ TOTAL 38,854$ 142,515$ 17,217$ 5,643$ 34,741$ 16,036$ 12,079$ 1,916$ 269,000$ 2016 Draft Capital Levy By Municipality Apportioned by CVA % 56 57 COUNCIL REPORT MAYOR’S OFFICE Report Title: UPDATE –County of Oxford Report No.: MYR 15-11 Author: Mayor Molnar Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: RECOMMENDATION: THAT Council receives report MYR 15-11 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION • The official launch of the Future Oxford Community Sustainability Plan took place on October 28, 2015. The next formal public engagement opportunity is at the Future Oxford Expo scheduled for Thursday January 26 at Oxford Auditorium in Woodstock. • CASPO Report 2015-193 (10/28) provided Council with an overview of options for ‘amending such sections of the County Official Plan as may be necessary for prohibiting, restricting, limiting and/or otherwise regulating new landfill sites where such sites are proposed to be established primarily for the importation of waste from outside of the County and not for the purposes of addressing the County’s waste disposal needs. This material was directed to be forwarded to lower tier municipalities for review and comment. 58 • Correspondence from the Town of Tillsonburg, including CAO Report 15-16, a response to the Community Sustainable Plan, was well received by County Council and shows the local initiatives that are being undertaken in support of the comprehensive overall plan. • Draft approval for condominium conversion was granted to the applicant 2442583 Ontario Inc. for three Tillsonburg properties (Lisgar Ave.) as per the earlier recommendation from Tillsonburg Council. • Report PW 2015-60 supported the local request for a 4-way stop at County Road 20 (North Street) and Quarterline Road. • The County has spent considerable time reviewing the 2016 Business Plan and Budget over the past number of weeks. As per an amended recommendation in Report CS 2015-50, there will be a proposed 1.99% increase in the overall requirement from taxation in 2016. • Particular values to Tillsonburg include finalization of North Street project, Potters Road from Simcoe Street to Town limits, additional Water and Waste Water investments (review and studies) and specific grant allocations including the airport, physician recruitment and economic development initiatives. • County Council has deliberated on potential revisions to the Aggregate Resources Act and Report CASPO 2015-242, highlighting the Planning department’s comments, will be forwarded to all lower tiers for review and comment. • At the final Council meeting of 2015, Councillor Sandra Talbot (Woodstock) has been appointed as the Deputy Warden for 2016. FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 12/14/15 Page 2 / 2 CAO 59 STAFF REPORT CAO Report Title: Results for RFP 2015-013 Consulting Services to Conduct a Space Needs Analysis Report No.: CAO 15-19 Author: David Calder, On behalf of the Town Hall Steering Committee Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: NONE RECOMMENDATION: THAT Council receives Report CAO 15-19 Results for RFP 2015-013 Consulting Services to Conduct a Space Needs Analysis. AND THAT the Town Hall Steering Committee recommends to Council the award of RFP 2015- 013 to KNY Architects Inc, of Burlington, Ontario at a total cost of $22,500.00 (exclusive of HST) being the highest scoring proposal received. AND FURTHER THAT Council provide 2016 pre-budget approval in the amount of $25,000 in order to proceed with the space needs analysis in advance of the approval of the 2016 budget. EXECUTIVE SUMMARY Request for Proposal RFP 2015-013 was advertised on the Tillsonburg website, the Tillsonburg News and on Biddingo with a total of five (5) valid proposals received. The Town Hall Steering Committee reviewed and scored the proposals base on the scoring tool noted below: Attributes Experience 10 pts Personnel and Experience 15 pts Methodology and Approach 10 pts Value of Proposed Work 25 pts Resources 20 pts 60 Project Schedule 15 pts Value Added/Anticipated Challenges 5 pts Total Score 100 pts Attributes Weighted Value 70% Price Price Weighted Value 30% The bids from the proposal received varied from varied from $22,000.00 to $49,350.00 (excluding HST). The five (5) proponents were as follows: 1. IN Design Associates Inc. 2. KNY Architects 3. Lundholm Associates 4. Mayhew Inc. 5. Nicholson Sheffield Architects Inc. Based on the review and scoring by the Town Hall Steering Committee the recommendation from the Town Hall Steering Committee is as follows: “That the Town Hall Steering Committee recommends to Council the awarding of RFP 2015- 0013, for Consulting Services to Conduct a Space Needs Analysis, to KNY Architects of Burlington, Ontario in the amount of $22,500.00 (exclusive of HST), pending satisfactory reference checks.” Therefore it is the Town Hall Steering Committee’s recommendation that KNY Architects of Burlington, Ontario be awarded this RFP. Consultation/Communication The Town Hall Steering Committee reviewed and scored all submission for consulting services to conduct a space needs analysis and are recommending KNY Architects subject to satisfactory reference checks. As a result, Town staff checked the references provided for KNY Architects and all comments from previous clients were positive. FINANCIAL IMPACT/FUNDING SOURCE As part of the 2016 Budget submission, staff has included additional funding under Council/Special Projects in the amount of $25,000 for Town Hall studies. In order to proceed Page 2 / 3 CAO 61 with the awarding of the RFP, staff is requesting pre-budget approval in the amount of $25,000 in order to schedule in January 2016 the consultants work on the space needs analysis. Page 3 / 3 CAO 62 Page 1 / 4 CAO STAFF REPORT CAO Report Title: Quotation Building Condition Assessment – 83 Rolph Street Report No.: CAO 15-20 Author: David Calder Meeting Type: COUNCIL MEETING Council Date: December 14, 2015 Attachments: None RECOMMENDATION: THAT Council receives report CAO-15-20, Quotation - Building Condition Assessment – 83 Rolph Street; AND THAT Council authorize the allocation of $7750.00 from reserves for the purpose of obtaining a Building Condition Assessment of 83 Rolph Street. BACKGROUND Council directed staff to obtain a building condition assessment of 83 Rolph Street to assist in determining the condition of various building systems. The building condition assessment would provide the Town with information regarding the condition of such items as roof, exterior cladding, and structure, mechanical and electrical systems. In addition, comment will be provided regarding the parking lot and overall grading of the site. Council will recall that the Thames Valley District School Board at their October 27, 2015, Capital Planning Coordinating Committee decided to defer placing the property on the open market until January 2016. This decision was made at the request of the Town of Tillsonburg and in the spirit of cooperation between the Board and the Town of Tillsonburg. As a result, it is important that the Town make efforts to perform its due diligence in a timely fashion. Staff would note that it has taken longer than anticipated to obtain three quotations from three qualified vendors in accordance with the Town Purchasing By-law. FINANCIAL IMPACTS 63 Page 2 / 4 CAO Council will recall that staff was of the opinion that a building condition assessment would be in the range of $2000 to $5000. The three quotations obtained for the building condition assessment of 83 Rolph Street range in cost from $7,600 to $13, 300. It appears that due to the size of the building and scope of work required to assess such a building, staff underestimated the anticipated cost of such a building condition assessment. Should Council wish to continue with a building condition assessment, staff would recommend the vendor submitting the price of $7,600 ($7,750 with taxes) and that the funding be drawn from Town reserves. 64 Page 3 / 4 CAO 65 STAFF REPORT DEPARTMENT Report Title: Policy Amendment Report No.: CL 15-30 Author: Tricia Smith, Deputy Clerk Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: AMENDED YOUTH LEADERSHIP GRANT GUIDELINES & APPLICATION RECOMMENDATION: THAT Council receives report CL 15-30 Policy Amendment, as information; AND THAT Council endorses the amended Youth Leadership Grant Program Guidelines and Application form. EXECUTIVE SUMMARY At the July 13, 2015 meeting of Council, a request was received from a youth who resides in Southwest Oxford Township for funding under the Tillsonburg Youth Leadership Grant program. At this time, the program guidelines indicated that non-residents were ineligible to apply for funding. The individual had been invited to represent her dance school, which is located in Tillsonburg to be part of the Canadian National Dance Team to compete at the international level. Council waived the requirement for residency and endorsed the application and a recommendation was made for the review of the program guidelines. Minor amendments have been made to the Tillsonburg Youth Leadership Grant program guidelines, to permit youth who reside outside of Tillsonburg, but participate in activities in Tillsonburg and represent the Town at the time of their achievement, to be able to submit an application for funding. A copy of the revised guidelines has been attached to this report for information. COMMUNITY STRATEGIC PLAN IMPACT The Youth Leadership Grant program supports character building opportunities for youth and raises awareness of local success stories, making Tillsonburg an attractive place to live. 66 FINANCIAL IMPACT/FUNDING SOURCE Financial impacts are subject to 2016 budgetary approval. 67 Town of Tillsonburg Youth Entrepreneur Funding Guidelines.docx 1/2 Town of Tillsonburg Youth Leadership Grant Guidelines Purpose The Town of Tillsonburg supports youth in our community in many ways. This program is intended to provide financial support to Tillsonburg youth and youth who participate in activities in Tillsonburg, who represent Tillsonburg at the time of their achievement, and have demonstrated a desire to succeed and improve themselves. The initial grant pool will be a fund of $5,000 available starting in 2013. Unused funds can be carried over into the next budget year, and Council can replenish the fund as part of the annual budget process. Leadership Grants: Youth Leadership Grants are in place to provide the Town with a mechanism to assist an individual youth who resides in Tillsonburg or participates in activities in Tillsonsburg, who has an opportunity to represent Tillsonburg at a local, regional, Provincial, National or International level. The Town of Tillsonburg supports these opportunities and views them as character building opportunities for our young people. The leadership opportunity can be in the areas of entrepreneurship, sport, visual arts, performance arts, volunteerism, scholarship or any other area deemed appropriate by the Trustees. The individual applying for the Grant must fill out the Town of Tillsonburg Youth Leadership Grant application form, providing the Town with all required information. If the individual is applying as part of a larger organization, the application must be accompanied with a letter of support from the organization. Funding will not be approved for expenses that have occurred before the application is reviewed. Funding will only be approved for not for profit opportunities. Applications will be accepted at the Tillsonburg Community Centre Customer Service Desk Located at 45 Hardy Ave. Applications for support through this program are accepted on an ongoing basis until all of the funds have been dispersed. Selection Committee: The Selection Committee will be the Trustees of the Community Trust. A preliminary review will be done by Parks and Recreation Services staff. The Committee will meet in a timely manner when an application has been received to review the Leadership Grant application(s). The Trustees will follow a documented scoring protocol to ensure consistency in evaluating the applications. The Trustees will select recipients for the grant, determine the value of the award, and advise the applicants of their decision. PRS Quarterly Reports will include the list of successful applicants. Recipients are asked to provide a short report or presentation to inform Council of how the funds were used. 68 Town of Tillsonburg Youth Entrepreneur Funding Guidelines.docx 2/2 Scoring Protocol This protocol may be revised as appropriate, and the protocol applied for the current intake will be available on the Town website along with the application forms. 1.Eligibility Youth who reside in Tillsonburg or participitate in activities in Tillsonburg, who represent Tillsonburg at the time of their achievement, are eligible to apply for funds. 2.Scale of event/opportunity Local gets 1, SCOR Region gets 2, Provincial gets 3, National gets 4, International gets 5 3.References/endorsements 1 point per reference up to 5 4.Other funds secured none = 1, less than matching = 3, matching = 5, more than matching = 8, more than 2x match = 10 5.Subjective merit/presentation of request up to 20 points (average of committee member scores). Total score is out of 40. Score of 20 or less = no funds awarded. Score of 21-35 - request is weighted at 1 Score above 35 - request is weighted at 2 The dollar value of grant awards are determined by Community Trustees, and can be of any amount up to the current amount in the grant pool but cannot exceed the amount requested. 69 Town of Tillsonburg Youth Leadership Grant (Youth Leadership Grants will be given to Tillsonburg youth and youth that participate in programs in Tillsonburg who represent Tillsonburg at the time of their achievement, who are between the ages of 13-19) Name of individual: _________________________________________ Program: _________________________________________ Name of Coach/Mentor (if applicable):________________________________ Name of Sponsor (if applicable):______________________________________ Contact person: ___________________________________________ Contact Information: (please include phone number / numbers and email address) ______________________________________________________________________ ______________________________________________________________________ Please provide a detailed summary of needs. Include the following information. Description of event / project / purpose of award Age of Youth involved Time frame of event/project/purpose of award Grant amount requested Budget outline How does this benefit Tillsonburg Please provide a letter of support from the local organization sponsoring your participation in this opportunity. (Please attach summary to application for submission) ________________________________ Print name of Applicant ________________________________ ______________________ Signature of Applicant DATE 70 STAFF REPORT DEPARTMENT Report Title: Revised Terms of Reference Report No.: CL 15-28 Author: Tricia Smith, Deputy Clerk Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: HBC REVISED TERMS OF REFERENCE RECOMMENDATION: THAT Council receives report CL 15-28 Revised Terms of Reference, as information. EXECUTIVE SUMMARY At the November 5, 2015 meeting, the Heritage, Beautification and Cemetery Advisory Committee reviewed and revised their Terms of Reference. The revision reflects the expanded role of the committee in the beautification of public spaces, including trees; the inclusion of natural areas and parks as part of the conservation, protection and preservation of heritage resources; and the extension of the term for committee members to (4) years to coincide with the term of council. The committee recommended the removal of the Goals from the body of the Terms of Reference and will report back to Council once the revised Goals for 2016-2018 term have been approved. A copy of the Revised Terms of Reference is attached for council’s information. COMMUNITY STRATEGIC PLAN IMPACT Committees demonstrate culture & community by making Tillsonburg an attractive place to live. FINANCIAL IMPACT/FUNDING SOURCE Financial impacts are subject to 2016 budgetary approval. 71 Attachment A Tillsonburg Heritage, Beautification & Cemetery Advisory Committee TERMS OF REFERENCE Mandate: To advise and make recommendations to Council on all matters with respect to architectural and historical significance, beautification of public spaces, including trees, and Tillsonburg cemeteries. To advise Council of new and relevant legislation and funding initiatives; to make recommendations and assist with the development of education programs; and to liaise with the community and other organizations to promote Tillsonburg heritage, beautification and cemeteries. 1.0 Role of the Tillsonburg Heritage, Beautification & Cemetery Advisory Committee: 1.1 To make recommendations to council regarding designation of buildings, natural areas, and parks as well as plaques and monuments with historical or architectural significance to ensure the conservation, protection and preservation of heritage resources in accordance with the Ontario Heritage Act, R.S.O. 1990, c.O.18. 1.2 To advise and develop working relationships with owners of heritage designated properties. 1.3 To make recommendations to Council regarding beautification of public spaces including both naturalized and cultivated areas as well as heritage trees. 1.4 To assist Council in enhancing and beautifying the Town of Tillsonburg by recommending and/or implementing community based beautification projects. 1.5 To make recommendations to Council with regard to the preservation, maintenance and development of Tillsonburg cemeteries. 2.0 Organization of the Committee The Committee should be composed of people who demonstrate a strong commitment to the terms of reference and include a cross section of individuals in an effort to bring to the committee, relevant technical and professional expertise, as well as strong advocacy, communication and organizational skills. 2.1 Vacancies for citizen appointments to the Heritage, Beautification & Cemetery Advisory Committee shall be advertised in local newspapers and on the Town website as per Town's procedures for Committees of Council. Revised on December 14, 2015 72 2.2 Committee Members will be appointed by Council. 2.3 The term of a Committee Member is four (4) years. 2.4 Additional members may be appointed throughout the term. 2.5 A Committee Member may apply for a re-appointment for three consecutive terms, in order to ensure transfer of knowledge and continuity amongst Committee Members. 2.6 One member will be appointed by vote of the committee at the first meeting of each term to chair the meetings for that term. The committee will also, at this time, select a vice- chair and secretary for the same duration. 2.7 A Municipal staff person shall interact in an advisory manner to the committee. 3.0 Meetings 3.1 The Committee will hold a minimum of eight (8) meetings a year. 3.2 The date and time of the regular meetings will be established at the first meeting of each term. 3.3 Meetings will have a formal agenda. 3.4 Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail, or fax) to Committee Members prior to each meeting. 3.5 A majority of Council appointed Committee Members will constitute quorum for the transaction of business. 3.6 The members may meet occasionally informally to discuss issues as warranted. 4.0 Role of the Chair: The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1 Calling the meetings to order. 4.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3 Creating an agenda in consultation with the Secretary. 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 4.6 Representing the Committee on other committees when necessary. 4.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law 4.8 In the absence of the Chair, these responsibilities will be undertaken by the Vice-Chair. 5.0 Role of the Secretary: The Secretary is responsible for ensuring a complete up to date record for the Committee. 5.1 In liaison with the Chair, arrange date, time and venue for meetings. Revised on December 14, 2015 73 5.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3 Circulate draft minutes to the members. 5.4 Keep a complete up to date record of the committee minutes. 6.0 Role of Members: Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1 Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2 Review all information supplied to them. 6.3 Prepare information for use in the development of materials for the Committee. 6.4 Promote the role of the Committee. 6.5 Offer input to committee reports to Council. 6.6 Attend training as required to effectively perform their role as a committee member. 6.7 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0 Role of Municipal Staff: The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 7.1 Acting as an information resource. 7.2 Orientation of Committee members at the first meeting after Council appointment. 7.3 Assist the Committee in its reporting to Council (see Sec. 7.0). 7.4 Provide correspondence to the Committee. 7.5 The Clerk will maintain a list of designated properties situated in the municipality in accordance with Sec. 27 of the Ontario Heritage Act, R.S.O. 1990, c.O.18. 8.0 Reports to Council: The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1 Verbally by a Council representative. 8.2 Verbally by the Chair or the designated representative. 8.3 Minutes from the Committee meetings 8.4 Written reports, including annual and end-of-term reports Revised on December 14, 2015 74 STAFF REPORT DEPARTMENT Report Title: Sub-Committee Appointment Report No.: CL 15-31 Author: Tricia Smith, Deputy Clerk Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: RECOMMENDATION: THAT Council receives report CL 15-31, Sub-Committee Appointment; AND THAT Council endorses the appointment of Matthew Fenn by the Heritage, Beautification & Cemetery Advisory Committee to the Beautification Working Group Sub-Committee. EXECUTIVE SUMMARY At the October 1, 2015 meeting, the Heritage, Beautification & Cemetery Advisory Committee passed a resolution to form a Beautification Working Group sub-committee, which would consist of representatives from the Tillsonburg Horticultural Society, Tillsonburg BIA, Garden Gate and the Town of Tillsonburg to plan, design and implement a town-wide beautification project. The Heritage, Beautification & Cemetery Advisory Committee appointed Matthew Fenn, of Tillsonburg Garden Gate to the Beautification Working Group sub-committee and is requesting that Council endorse his appointment to permit full voting privileges on the sub-committee. Mr. Fenn is not currently appointed to a Town committee and acts in an advisory capacity on the sub-committee at this time. COMMUNITY STRATEGIC PLAN IMPACT Committees demonstrate culture & community by making Tillsonburg an attractive place to live. FINANCIAL IMPACT/FUNDING SOURCE None. 75 STAFF REPORT CLERK Report Title: 2016 Meeting Calendar Report No.: CL 15-32 Author: Donna Wilson, Clerk Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: 2016 MEETING CALENDAR RECOMMENDATION: THAT the following regular Council Meetings be re-scheduled or cancelled for 2016: Monday, February 22 , 2016 is re-scheduled to Thursday, February 25, 2016, due to the annual OGRA/ROMA Conference; Monday June 13, 2016 is re-scheduled to Thursday June 16, 2016 due to the annual AMCTO Conference; Monday, July 25, 2016 is cancelled; Monday, August 22, 2016 is cancelled; Monday, October 10, 2016 is re-scheduled to Tuesday, October 11, 2016, due to Thanksgiving, and Monday, December 26, 2016 is cancelled; EXECUTIVE SUMMARY Each year at the December Council meeting the Clerk’s office provides a calendar of the meetings for the upcoming year. Although typically all council meetings are scheduled on the first and third Monday of each month there are a few holidays and events that require those meetings to be rescheduled or cancelled. The attached calendar indicates the meeting schedule for 2016 and includes the rescheduled meetings and cancelled meetings for 2016. Once Council has approved and passed the motion to re-schedule or cancel those meetings, then the motion and the calendar will be provided to the County of Oxford Clerk’s Office as well as the County of Oxford’s Planning office in order for the County to schedule planning meetings accordingly. The calendar will also be posted on the Town’s Website. 76 IMPACT ON COMMUNITY STRATEGIC PLAN Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – the calendar provides Council and the public with regular updates on meeting schedules. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact associated to the meeting schedule calendar. Page 2 / 2 CAO 77 2016 MEETING CALENDAR March June September December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 3 4 1 2 3 1 2 3 6 7 8 9 10 11 12 5 6 7 8 9 10 11 4 5 6 7 8 9 10 4 5 6 7 8 9 10 13 14 15 16 17 18 19 12 13 14 15 16 17 18 11 12 13 14 15 16 17 11 12 13 14 15 16 17 20 21 22 23 24 25 26 19 20 21 22 23 24 25 18 19 20 21 22 23 24 18 19 20 21 22 23 24 27 28 29 30 31 26 27 28 29 30 25 26 27 28 29 30 25 26 27 28 29 29 30 Tillsonburg Council Oxford County Council Tillsonburg Budget Deliberations November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 August Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 January Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 78 STAFF REPORT CLERKS OFFICE Title: ACCOUNTABILITY AND TRANSPARENCY POLICY Report No.: CL 15-27 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee Date: DEC 14, 2015 Attachments: ACCOUNTABILITY AND TRANSPARENCY POLICY RECOMMENDATION THAT Council receives Report CL 15-26 Accountability and Transparency Policy; AND THAT the By-Law be brought forward for Council consideration. BACKGROUND Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, was passed and given Royal Assent in December, 2014. The Ministry of Municipal Affairs & Housing (MMAH) also recently reviewed in consultation with stakeholders The Municipal Act, The Municipal Elections Act and the Municipal Conflict of Interest Act. The main themes of the reviews were: 1. Accountability and Transparency 2. Municipal Financial Sustainability 3. Responsive and Flexible Municipal Government The purpose of this report is to ensure that the Town of Tillsonburg is in compliance with the mandatory policy provisions of the Municipal Act (c.270) as well as the values and principles identified in the Town’s Community Strategic Plan, received by Council in September, 2014. Section 270 of the Municipal Act requires municipalities to adopt and maintain policies. The following six areas are required, the brackets indicate the municipalities compliance: 1) Its sale and other disposition of land. (By-Law 3549 10/24/11) 2. Its hiring of employees. (Personnel Policy August 2014) 3. Its procurement of goods and services. (By-Law 3765 11/11/13) 1 CAO 79 4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. (Currently contained in Town’s procedural By-law) 5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. (this policy) 6. The delegation of its powers and duties. (By by-Law as required). A draft Accountability and Transparency Policy (the policy) is attached as Schedule “A” to this report for Council’s consideration. The policy is to outline the means by which the municipality will try to ensure that it is accountable and transparent to the public. DISCUSSION / ANALYSIS While the Municipal Act, 2001, as amended by Bill 130, requires municipalities to adopt an accountability and transparency policy, the provisions do not include any details on the parameters of an accountability and transparency policy nor an appropriate structure for the policy. A continually evolving list of existing policies and procedures that relate to accountability and transparency has been outlined in the policy. The draft policy outlines principles for the Town to adopt to ensure accountability and transparency in its governance and operations. Tillsonburg’s current mission, vision and core values all strongly promote accountability and transparency with the theme of working with and for the public to provide quality services in a highly ethical and professional manner. A number of categories are identified for the implementation procedures for the policy. Tillsonburg currently has a number of policies, procedures and practices in place under each of these categories which are outlined below for Council’s information. Legislated Requirements: The following are some of the provincial statutes that govern how the Town conducts its business: 1. Municipal Act 2. Planning Act 3. Development Charges Act 4. Assessment Act 5. Building Code Act 6. Safe Drinking Water Act 7. Municipal Conflict of Interest Act 8. Provincial Offences Act 9. Municipal Freedom of Information and Protection of Privacy Act 10. Public Sector Salary Disclosure Act 11. Cemeteries Act 12. Vital Statistics Act 13. Marriage Act 14. Fire Protection and Prevention Act 15. Emergency Management and Civil Protection Act 16. Municipal Elections Act 17. Gaming Control Act & Order in Council (Lotteries) 2 CAO 80 18. Employment Standards Act 19. Occupational Health & Safety 20. Health Protection & Promotion Act 21. Highway Traffic Act 22. Homes for the Aged & Rest Homes Act 23. Social Housing Reform Act Fiscal Accountability and Reporting The following are examples of some of the policies, procedures and practices currently in place to ensure fiscal accountability: 1. Annual Budget process and approvals 2. External/internal Audit 3. Annual Financial Statement 4. Annual Financial Information Return 5. Development Charges By-law 6. Fees for Municipal applications, services & permits By-law 7. Sale of Real Property By-law 8. Purchasing Policy and Procedures 9. Asset Management Policy 10. Municipal Performance Management Program Open Government The following policies, procedures and practices are currently in place to ensure that the Town is transparent in its operations and residents are aware of how decisions are made and carried out and are able to participate in the decision making process: 1. Procedural By-law 2. Public Distribution of Council Agendas and Reports on the Town’s website 3. Planning and Public Meeting Notices in accordance with the Planning Act and the associated Ontario Regulations 4. Public Distribution of Council Information Package on the Town’s website 5. Records Retention By-law 6. Records & Information Management Policy and Procedures 7. Policy for Appointments to Boards & Committees 8. By-laws for the Establishment of all Boards & Committees with Terms of Reference 9. Freedom of Information Request Forms on the Town’s website Internal Accountability and Ethical Standards The Town of Tillsonburg has established the following policies, procedures and practices that govern internal accountability and promote high ethical standards: 1. Roles & Responsibilities of Council and Staff 2. Customer Service Standards 3. Code of Conduct for Town Employees 4. Harassment and/or Discrimination in the Workplace 5. Professional Training & Development 6. Corporate Recruiting 7. Occupational Health & Safety policies 3 CAO 81 8. New Employee Orientation 9. Employee Evaluation policies INTERDEPARTMENTAL IMPLICATIONS: The Accountability and Transparency Policy applies to the political process and decision making and to the administrative management of the Town. It includes all operations of the Town. This policy will recognize and further promote the principles of accountability and transparency outlined therein. CONSULTATION/COMMUNICATION Staff has consulted with a number of municipalities regarding best practices for an Accountability and Transparency Policy. Municipalities consulted were the County of Simcoe, County of Norfolk, County of Lambton, Town of Aurora, Town of Orangeville, Town of Collingwood, Township of Severn, Town of Wasaga Beach and the City of Vaughn. FINANCIAL IMPACT/FUNDING SOURCE There will be no financial impacts from the adoption of this policy. CORPORATE STRATEGIC PLAN Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are aware of ongoing initiatives and appropriate contacts. The Accountability and Transparency policy will provide citizens with key performance indicators for this initiative. 4 CAO 82 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 1 of 6 SCHEDULES 1.0 PURPOSE/ APPLICATION This policy applies to all operations within the Corporation of the Town of Tillsonburg and is prepared in accordance with Section 270 (1) 5 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. The Act requires that all municipalities adopt and maintain a policy with respect to “the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public”. The purpose of this policy is to provide guidance on how the Corporation of the Town of Tillsonburg ensures municipal matters are approached in an accountable and transparent manner. 2.0 DEFINITIONS In this policy, the terms “accountability” and “transparency” have the following meaning: Accountability: The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large. Transparency: The principle that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to examination by its stakeholders. 3.0 POLICY STATEMENT Council of the Town of Tillsonburg acknowledges that it is responsible to provide good government for its stakeholders in an accountable and transparent manner, guided by the following principles: 1. Encouraging public access and participation to ensure that decision making is responsive to the needs of its constituents and receptive to their opinions; 2. Delivering high quality services to our citizens; and 3. Promoting the efficient use of public resources. 83 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 2 of 6 SCHEDULES Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the municipality adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the municipality will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public. 4.0 CORPORATE VALUES As part of the Tillsonburg vision in the Communtiy Strategic Plan, the Town has adopted the following corporate core values: strong leadership, effective communication and accountability. Through implementing this plan the Town shall continue to promote accountability and transparency. The following strategic issues form the basis of the Town’s Community Strategic Plan. • Excellence in Local Government • Economic Sustainability • Demographic Balance • Culture & Community EXCELLENCE IN 5. POLICY REQUIREMENTS The principles of accountability and transparency shall apply equally to the political process and decision making and to the administrative management of the municipality. Legislated Requirements The Town is accountable and transparent to its stakeholders by fulfilling various legislative responsibilities and disclosure of information, and shall conduct its business within its jurisdiction in accordance with the Provincial Statues, Ontario Regulations and any other applicable laws including but not limited to the Municipal Act, 2001, Municipal Conflict of Interest Act; Provincial Offences Act; Municipal Freedom of Information and Protection of Privacy Act; Public Health Information and Protection of Privacy Act; and Public Sector Salary Disclosure Act. 84 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 3 of 6 SCHEDULES Financial Accountability, Oversight and Reporting The Town of Tillsonburg will be open, accountable and transparent to stakeholders in its financial dealings as required under the Act and has taken a leadership approach to accountability and transparency in areas of financial accountability, oversight and reporting. Some examples of how the municipality provides such accountability and transparency are as follows: • External audit and reports • Annual published financial statements • Quarterly financial statements • Annual budget reports • Annual financial information return • Asset management • Purchasing/procurement practices • Sale of land practices and procedures • Budget process open to the public Financial policies and reserve funds include: • Reserve Policy • Purchasing Policy • Investment Policy • Cultural Grant Guidelines Performance Measures and Reporting The Town is accountable to taxpayers by using various results-orientated tools to measure progress on performance and the achievement of corporate service standards and goals. The performance measurement and reporting framework is provided by a number of different initiatives, which need to be adhered to and maintained even through changes in administrative and political leadership. 85 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 4 of 6 SCHEDULES The Town has been participating in the Municipal Performance Measurement Program (MPMP) since 2001. Various departments have been generating different types of performance reporting to meet other statutory reporting requirements and for their own internal management purposes. The primary components of performance measurement includes:  Financial Information Return (FIR)  Town of Tillsonburg Annual Budget and Business Plan Report.  Quarterly Financial Reports to Council  Town of Tillsonburg Strategic Plan Open Government The Town of Tillsonburg shall provide governance in an open manner through communication, consultation and collaboration. All policies, procedures and practices shall ensure that its operations are transparent and that mechanisms are in place to make residents aware of how decisions are made and carried out and are able to participate in the decision making process. All meetings of Council and its committees shall be open to the public when and as required under the Act, and members of the public will have an opportunity to make delegations or comments in writing on specific items at these meetings as outlined in the Town’s Procedural By-law. Council meetings are publicly advertised in advance, with the rationale for discussing matters in camera being disclosed. Town information shall be readily available to the public subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act. The following are policies, procedures and practices that ensure the Town is transparent in its operations and that its residents are not only aware of how decisions are made and carried out, but that they are able to participate as well:  Procedural By-law  Public Posting and Distribution of Council Agenda Meeting Documentation  Public Engagement Policy  Purchasing Policy 86 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 5 of 6 SCHEDULES  Sale of Land Policy  Road Naming Policy  Committees of Council Policy  Committee/Staff Liaison Policy  Records Retention By-law  Site Plan Approval Procedures Internal Accountability and Ethical Standards The Town of Tillsonburg’s administrative practices shall be in accordance with Tillsonburg’s core values outlined in this policy. Its policies and procedures shall ensure internal accountability and promote the high ethical standards of the Town. The municipality’s administrative practices ensure specific accountability on the part of its employees through the following initiatives:  Human Resources Policies and Procedures  Respect in the Workplace  Code of Conduct  Performance Management Programme  Recruitment and Selection (including the hiring of immediate relatives)  Code of Conduct for Council  Municipal Election Procedures 6.0 MONITORING/CONTRAVENTION This policy shall be reviewed within the first year of a new Council term or at such other time as may be deemed appropriate to ensure its effectiveness. The Town Clerk shall be responsible for receiving complaints and/or concerns related to this policy. 87 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 6 of 6 SCHEDULES Upon receipt of a complaint and/or concern, the Town Clerk shall notify:  In the case of staff, the Department Head responsible for the areas;  In the case of a closed meeting, the Closed Meeting Investigator/Ontario Ombudsman; and  In the case of Council, the Head of Council/CAO or Integrity Commissioner. 88 STAFF REPORT CLERKS OFFICE Title: COUNCIL CODE OF CONDUCT Report No.: CL 15-29 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee Date: DEC 14, 2015 Attachments: COUNCIL CODE OF CONDUCT DISCLOSURE STATEMENT COMPLAINT FORM REPORT CL 15-24 BILL 8 RECOMMENDATION THAT Council receives Report CL 15-29 Council Code of Conduct; AND THAT the By-Law be brought forward to adopt the Code of Conduct for Council consideration. BACKGROUND Council will recall that at the Council Meeting of September 28, 2015 staff provided Report CL 15-24 Bill 8. This report provided information on Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014 which has been proclaimed into force as of January 1, 2016. This report is attached for your review. The report indicated that to ensure compliance with Bill 8 corporate policies such as an Accountability and Transparency policy, an updated Council Code of Conduct, an up to date Procedural By-law and a Records Management policy should be brought to council for their review and endorsement. The Records Management Policy was endorsed by Council at their meeting of November 9, 2015. The Accountability and Transparency Policy is before Council at this meeting as well as the updated Council Code of Conduct. The up to date Procedural By-Law has been drafted and is being reviewed by staff. This by-law should be provided in the first quarter of 2016 for Council’s review. DISCUSSION / ANALYSIS The updated Draft Code of Conduct provides more detail on areas such as conduct at meetings and discreditable conduct. It sets out perimeters of confidential information and the receipt of gifts and 1 CAO 89 benefits. This document also provides for a formal complaint process and the opportunity for resolution of a complaint. If through an investigation it is determined that there is a breach of the Code of Conduct, a report shall be provided to Council with a recommendation and possibly the recommendation for the imposition of a penalty in accordance with subsection 223.4(5) of the Municipal Act, 2001. The penalty may be a reprimand or a suspension of the remuneration paid to the Member of Council for a period of up to ninety (90) days. The code also provides for an annual report of all complaints received for the year The draft policy outlines principles for the Town to adopt to ensure conduct is appropriate in its governance and operations. Tillsonburg’s current mission, vision and core values all strongly promote accountability with the theme of working with and for the public to provide quality services in a highly ethical and professional manner. CONSULTATION/COMMUNICATION Staff has consulted with a number of municipalities regarding best practices for a Council Code of Conduct. Municipalities consulted were the County of Simcoe, City of Barrie, Town of Collingwood, Township of Adjala – Tosorontio, Township of Severn, County of Prince Edward, and the Township of Scugog. FINANCIAL IMPACT/FUNDING SOURCE There will be no financial impacts as a result of the adoption of this policy unless Council decide to retain a local Integrity Commissioner. The cost of an Integrity Commissioner is not known at this time. CORPORATE STRATEGIC PLAN Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – The Council Code of Conduct will provide citizens with key performance indicators for this initiative. 2 CAO 90 Town of Tillsonburg Code of Conduct Policy PURF3SE The p arpose of this policy is to establish guidelines for the ethical behavior of all members of Council, advise »ry committees and local boards of the municipality and to enhance public confidence that the Towri s elected and appointed officials are held to a high standard of conduct. It is intended only to suppb ment the legislative parameters within which the members must already operate. It is not intended to rep ace personal ethics. PROCEDURE: 1.0 Legislative Authority 1.1 Section 223.2 (1) of the Municipal Act, 2001 authorizes the municipality "to establish codes of conduct for members of the council of the municipality and of local boards of the municipality". 1.2 Section 223.2 (2) of the Municipal Act, 2001 further provides that "a by-law cannot provide that a member who contravenes a code is guilty of an offence". 2.0 For the Purposes of this Policy, 2.1 "Member" shall mean all members of Council, advisory committees and local boards of the municipality. 2.2 "Town" shall mean the Town of Tillsonburg. 2.3 "Code" shall mean the Code of Conduct. 3.0 General Conduct 3.1 All Members shall serve their constituents in a conscientious and diligent manner and to the best of their knowledge and ability. 3.2 All Members shall perform their official functions and duties in a fair, impartial and transparent manner. No Member shall knowingly make a false statement; nor will a Member make a statement with the intent to mislead Council. 3.3 No Member shall use the influence of office for any purpose other than the exercise of his or her official duties. 3.4 Members shall endeavour to conduct and convey Council business in an open and public manner with the exception of those matters noted in Section 5.0 below. 91 4.0 Gifts and Benefits 4.1 No Member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below: 4.1.1 Compensation authorized by by-law or by Town Personnel Policy regarding conference and training expenses or by Town Personnel Policy regarding compensation to committee members; 4.1.2 Such gifts or benefits received as an incident of protocol or social obligation that normally accompany the duties of office; 4.1.3 A political contribution otherwise reported by law; 4.1.4 Services provided without compensation by persons volunteering their time; 4.1.5 A suitable memento of a function honouring the Member; 4.1.6 Food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them or by the federal government or by a foreign country; 4.1.7 Food and beverages consumed at banquets, receptions or similar events, if: a) Attendance serves a legitimate purpose; b) The person extending the invitation or a representative of the organization is in attendance; and c) The value is reasonable and the invitations infrequent; 4.1.8 Communication to the offices of a Member, including subscriptions to newspapers and periodicals. 4.2 For the purposes of this section, a fee or advance paid to or a gift or benefit received by a Member's spouse, child, parent or staff of which the Member is aware and that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. 4.3 If the value of the gift or benefit described above exceeds $300, or if the total value received from any one source during the course of a calendar year exceeds $300, the Member shall within 30 days of receipt of the gift or reaching the annual limit, file a disclosure with the Chief Administrative Officer. 92 The disclosure statement must indicate: 4.3.1 nature of the gift or benefit; 4.3.2 source and date of receipt; 4.3.3 circumstances under which it was given or received; 4.3.4 estimated value; and 4.3.5 recipient's intended use of the gift. Any disclosure statements will be a matter of public record. 4.4 Except in the case of 4.1.6 above, a Member may not accept a gift or benefit worth in excess of $500 or gifts or benefits from one source during a calendar year worth in excess of $500. 5.0 Confidentiality 5.1 All information, documentation or deliberation received, reviewed or taken in closed session meetings of Council and its committees or boards are confidential and no Member shall disclose the content of the matter or the substance of the deliberations either directly or indirectly. 5.2 Members shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their office, except when expressly authorized by Council or required by law to do so. 5.3 Members shall not permit any persons other than those who are entitled thereto to have access to information that is confidential. 5.4 Particular care should be exercised in ensuring confidentiality of the following types of information: The security of the property of the municipality or local board; • A proposed or pending acquisition or disposition of land by the municipality or local board; • Personnel matters about an identifiable individual; Information deemed to be "personal information" under the Municipal Freedom of Information and Protection of Privacy Act, 93 Labour relations or employee negotiations • Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • Advice that is subject to solicitor-client privilege; • A matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; Information that infringes on the rights of others; Price schedules in contract tenders or Requests for Proposal submissions if so specified; and • Statistical data required by law not to be released. This list provides examples only and is not exclusive. 5.5 Request for information should be referred to the Clerk to be addressed as either an informal request for access to municipal records or as a formal request under the Municipal Freedom of Information and Protection of Privacy Act. 5.6 Members shall acknowledge that official information related to major decisions and resolutions made by Council will be released to the public and media by Council as a whole or by the Mayor or by the Member so designated by Council. 5.7 Communications, Media Relations, and Confidentiality not limited to Closed Session Meetings of Council Members of Council will accurately and adequately communicate the attitudes and decisions of Council, even if they disagree with the majority decision of Council. Members shall show respect for the decision-making process of Council. Information concerning adopted policies, procedures and decisions of the Council shall be conveyed openly and accurately. Confidential information will be communicated only when and after determined by Council. Members of Council shall understand that the deliberations and discussions of Council which take place before the public in Open Session meetings are available for public consumption. However, discussions and deliberations which take place outside of this context, including but not limited to subcommittees of Council, joint committees comprised of both staff and Councillors, and ad hoc committees of Council, are not always considered as open to the public. As such, 94 discussions and deliberations which take place in such a context are to be respected as confidential, and not for disclosure to the public. For clarity, while the final decisions of subcommittees, ad hoc committees, and joint staff/council committees (and other such bodies) are to be disclosed accurately and adequately to the public in an open council meeting , the deliberations which led to such decisions are to be respected as confidential. 6.0 Use of Town Property, Services and Other Resources 6.1 No Member shall seek or obtain by reason of his or her office any personal privilege or advantage with respect to the use of Town property, equipment, supplies or services not otherwise available to the general public and not consequent to his or her official duties or associated community activities of which Council has been advised. 6.2 No Member shall obtain financial gain from the use of Town developed intellectual property, computer programs, technological innovations or other patentable items, while an elected official or thereafter. All such property remains the exclusive property of the Town of Tillsonburg. 6.3 No Member shall use information gained in the execution of his or her duties that is not available to the general public for any purpose other than his or her official duties. 7.0 Work of a Political/Personal Nature 7.1 No Member shall use Town facilities, services, or property for his or her re-election campaign or for personal business use. 7.2 No Member shall use the services of Town employees for his or her re-election campaign or for personal business during the hours in which the employees are in the paid employment of the Town. 7.3 No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town. 8.0 Conduct at Meetings of Council 8.1 Members shall conduct themselves with decorum at Council. All Members must show courtesy and not distract from business of Council when other Members or staff have the floor. 95 8.2 Members shall foster working relationships with other Members based on mutual trust and respect and shall accept the differing but complementary roles of each Member in achieving the objectives of Council. 8.3 Members shall refrain from public criticism of other members and Town staff in a way that casts aspersions on their professional competence and credibility. 9.0 Use of Town Technology 9.1 Members shall borrow with the provisions of Personnel Policy regarding appropriate use of the Town's technological resources. 10.0 Business Relations 10.1 No Member shall borrow money from any person who regularly does business with the Town unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money. 10.2 No Member shall act as a paid agent before Council or a committee of Council or any board of the Town. 11.0 Conflict of Interest 11.1 All Members shall be aware of their obligation under the Municipal Conflict of Interest Act and shall disclose any potential conflicts under the Act to Council forthwith. 11.2 No Member shall place themselves in a position of obligation to any person or organization which might benefit from special consideration or seek preferential treatment, 11.3 No Member shall give preferential treatment to or influence any administrative or Council decisions involving or affecting any person or organization in which a Member has a financial interest. 12.0 Expenses 12.1 Members shall comply with the provisions of Town Personnel Policy regarding conference and training expenses as well as Town Personnel Policy regarding compensation to committee members. 96 13.0 Influence on Staff 13.1 Members shall be respectful of the fact that staff work for the Town as a body corporate and are charged with making recommendations that reflect their professional expertise and corporate perspective, without undue influence from any individual member or group of Members of Council. 13.2 Members shall not attempt to direct the activities of staff. 13.3 Members shall direct any concerns of staff through the Chief Administrative Officer. 14.0 Foster Respect for the Town and its By-laws and Policies 14.1 Members shall encourage public respect for the Town and its by-laws and policies, even if they disagree with the decision of Council. 15.0 Violence & Harassment 15.1 Members shall abide by the provisions of the Ontario Human Rights Code and Bill 168, amendment to the Ontario Health & Safety Act. Members shall not discriminate on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, religious affiliation, sex, sexual orientation, age, marital status, family status or disability. Members shall not engage in unwarranted comment or conduct against another member that is known or ought to be known to be unwelcome. 15.2 Harassment of another Member, staff or any member of the public is considered misconduct. It is the policy of the Town that all persons be treated fairly and with dignity and respect in the workplace in an environment free of discrimination and of personal and sexual harassment. 15.3 "Harassment" shall be defined as per Town Personnel Policy on workplace harassment and discrimination prevention. 16.0 Alcohol and Drug Use 16.1 Members shall comply with the provisions of Town Personnel Policy regarding improper use of alcohol and prescription medication as well as the banning of illicit drug use. 97 17.0 Complaint Process 17.1 Formal complaints by anyone about the behaviour or an activity by a member of Council, a member of an advisory committee or a member of a local board, that is prohibited by this by-law shall be submitted in writing to the CAO. The CAO shall draft a report in response to the formal complaint and such report shall be submitted to Council for consideration. If deemed necessary by the CAO a qualified external consultant shall be hired to complete a report in response to such complaint. 18.0 Interpretation 18.1 Members seeking clarification of any part of this Code should consult with the Chief Administrative Officer. 98 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 1. Policy Statement Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. 99 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Scope The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include: • Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner; • Members shall be committed to performing their functions with integrity without using the influence of their office; • Members shall avoid all conflicts of interest; • Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny; • Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and, • Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 100 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 2. DEFINITIONS In the Code of Conduct, the terms “child”, “parent” and “spouse” have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council’s review, including any ad hoc, subcommittee or task force. “Clerk” means the Municipal Clerk for the Corporation of the Town of Tillsonburg. “CAO” means the Chief Administrative Officer for the Town of Tillsonburg. "Code of Conduct" means the “Town of Tillsonburg Code of Conduct for Members of Council, Local Boards and Advisory Committees”. "complainant" means a person who has filed a complaint under the Code of Conduct. "complaint" means a purported contravention of the Code of Conduct. 101 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form “Council” means the council of the Town of Tillsonburg. “Integrity Commissioner" shall mean an Integrity Commissioner who may be appointed by the Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in- law, brother-in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled intention to treat as an immediate relative. "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council:  Downtown Tillsonburg Business Improvement Area (BIA) Board of Management  Tillsonburg Police Services Board  Property Standards Appeal Committee 102 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form  Committee of Adjustment "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. “Town” means The Corporation of the Town of Tillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 3 STATUTORY PROVISIONS REGULATING CONDUCT This Code of Conduct operates along with and as a supplement to the existing statutes governing conduct. The following federal and provincial legislation governs the conduct of Members of Council:  Municipal Act  Municipal Conflict of Interest Act  Municipal Elections Act  Municipal Freedom of Information and Protection of Privacy Act 103 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form  Provincial Offences Act  Human Rights Code  Criminal Code  By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 4. APPLICATION This Code of Conduct shall apply to all Members of Council, Committees and Local Boards. 5. CONDUCT AT MEETINGS Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town’s Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 104 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 6 TRANSPARENCY AND OPENNESS IN DECISION MAKING Members will conduct and convey Council or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 7. IMPROPER USE OF INFLUENCE No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one’s status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member’s supposed influence within Council or the Local Board in return for present actions or inaction. 105 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form For the purposes of this provision, “private advantage” does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a ‘broad class of persons’ (such as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council of a Local Board. 8. DISCREDITABLE CONDUCT All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. The Ontario Human Rights Code applies, as does the Town’s Discrimination and Harassment-Free Workplace Policy which recognize the right of every employee to work in an environment that is free from discrimination and harassment, by the employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. 106 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; 107 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 9. CONDUCT RESPECTING STAFF Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has been delegated. Members shall direct requests outside of Council or Local Board approved budget, process or policy, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council or the Local Board as a whole, and the combined interests of all Members as evidenced through the decisions of Council or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council or the Local Board. Accordingly, no Member shall maliciously or falsely injure the 108 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other’s time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or the Local Board. 109 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 10 COMMUNICATIONS AND MEDIA RELATIONS Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information will be communicated only when and after determined by Council or the Local Board. 11 CONDUCT REGARDING CURRENT & PROSPECTIVE EMPLOYMENT No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town or the Local Board. 110 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 12 CONFIDENTIAL INFORMATION Confidential information includes information in the possession of, or received in confidence by the Town or the Local Board that the Town or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as “MFIPPA”), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor- client privilege. The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, “confidential information” also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to 111 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town’s Procedural By-law, a matter that has been discussed at an in- camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential:  items under litigation, negotiation, or personnel matters;  information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence);  information deemed to be “personal information” under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. 112 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessary for the performance of their duties and not prohibited otherwise. 13 GIFTS AND BENEFITS Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below. For these purposes, a fee or advance paid to or a gift or benefit provided with the Member’s knowledge to an immediate relative, friends, or associates, business or otherwise or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; 113 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an official capacity; g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) 114 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1. the nature of the gift or benefit; 2. its source and date of receipt; 3. the circumstances under which it was given or received; 4. its estimated value; 5. what the recipient intends to do with the gift; and 6. whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. 115 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 14 PROFESSIONAL DEVELOPMENT Members have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to:  AMO Conferences  Federal Canadian Municipalities (FCM)  Ontario Small Urban Municipalities (OSUM)  Ministry of Municipal Affairs and Housing Seminars  Provincial Professional Association Training Institutes (OGRA, AMCTO, etc.)  Provincial Municipal Council orientation sessions 116 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. 15 USE OF TOWN PROPERTY, SERVICES AND OTHER RESOURCES Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town’s website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 117 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 16. PUBLIC INPUT Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 17. IMPLEMENTATION At the beginning of each term, Members of Council will be expected to sign the Code of Conduct to convey to each other and all stakeholders that they have read, understand and accept it. A Code of Conduct component will be included as part of the orientation workshop for each new Council. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 118 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18. COMPLAINT PROTOCOL If an Integrity Commissioner is appointed by the Town, the following complaint protocol applies. The Integrity Commissioner will only enforce the Code of Conduct with respect to members of Council. If an Integrity Commissioner is not appointed, the Town’s Chief Administrative Officer and the Mayor shall fill that role. It shall be noted that anywhere an Integrity Commissioner is referred to in the complaint process and one has not been appointed, the role shall be filled by the Town’s Chief Administrative Officer (CAO) and Mayor. Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file a complaint. Complaints must be submitted within six (6) weeks of the matter first becoming known to the complainant and cannot be filed more than six (6) months after the alleged violation occurred. No action will be taken on a complaint received beyond either of the foregoing deadline. A complainant does not have to pursue the informal complaint process set out in Section 18.1 prior to proceeding with the formal complaint process set out in Section 18.2. 119 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18.1 Informal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner/CAO/Mayor as outlined in Section 18.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 18.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: 120 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form a) all formal complaints must be made using the Complaints Form / Affidavit (see Schedule “B”) and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a), b), c) and d) of this section; f) The Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. 121 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner is deemed not to be a complaint with respect to the Code of Conduct, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter – if the complaint is an allegation of a criminal nature consistent with the Criminal Code, that pursuit of such an allegation must be made through the appropriate police service; b) Municipal Conflict of Interest – if the complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, then the matter should be pursued in accordance with the Act through a court application; c) Municipal Freedom of Information and Protection of Privacy – if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, then the matter will be referred to the Municipal Clerk for review under statute; and d) Discrimination or Harassment – if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. 122 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 18.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 18.5 Opportunity for Resolution If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. 18.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner’s ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public 123 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. 124 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 18.7 No Complaints or Reports Prior to Election If the Integrity Commissioner receives a complaint between nomination day as defined in the Municipal Elections Act, 1996 and the date of the inaugural meeting of Council in any year in which a regular municipal election will be held respecting a Member who is seeking re-election and he is of the opinion that it is politically motivated, he may stay the investigation until after the inaugural meeting of the newly-elected Council and shall not be required to adhere to the time calculation referred to in Section 18. 18.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001 Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. 125 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner’s opinion is required for the purposes of the report. When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 19 REPORTING AND GENERAL COMPLIANCE 19.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. 126 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. 127 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 19.2 Annual Report The Integrity Commissioner’s annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 19.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 128 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 19.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 19.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 19.1 of the Code of Conduct. 19.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 19.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out 129 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form therein. When a vacancy occurs, all formal complaints shall be heard by the Chief Administrative Office (CAO) and the Mayor until such time as a new Integrity Commissioner has been appointed. If the municipality has not appointed an Integrity Commissioner, the default complaint investigator shall be the CAO and Mayor for the Town of Tillsonburg. 20 ROLES OF INTEGRITY COMMISSIONER a) Review the Code of Conduct and other Town policies and procedures relating to the ethical behaviour of Council, as requested, to ensure they continue to meet the needs of the Town. b) Provide educational training to members of Council on its Code of Conduct and matters of integrity, as requested; c) Provide advice to members of Council, in respect of its Code of Conduct either collectively or individually (at the members expense as budgeted) and assisting with the general interpretation of the Municipal Conflict of Interest Act, as required; d) Investigate and report on complaints and alleged breaches of the Code of Conduct. It shall be noted that if an Integrity Commissioner has not been appointed the CAO and the Mayor shall not be required to fill the role of (b) and (c) as indicated above. 130 Schedule 'A' - Disclosure Statement Section 13 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200 or if the total value of gifts and benefits received from one source in a calendar year exceeds $500. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit received: ________________________________________________________________________________________ ________________________________________________________________________________________ Source of Gift or Benefit: ________________________________________________________________________________________ ________________________________________________________________________________________ Circumstances under which Gift or Benefit received: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Intended use of the Gift or Benefit (i.e. will be donated/provided to the Town): ________________________________________________________________________________________ ________________________________________________________________________________________ Estimates Value of Gift or Benefit: $___________________________ Date Gift or Benefit was received: ____________________________(MM/DD/YR) ______________________________ _____________________________ Signature of Member Date 131 Schedule ‘B’ Formal Complaint Form/Affidavit I, ________________________________________(full name) of the Town of Tillsonburg, in the Province of Ontario do solemnly swear (affirm and declare) that the following contents of this affidavit as subscribed by me are true and correct: Permanent place of residence: _______________________________________________________________________ Mailing address (if different from above): _______________________________________________________________ I have personal knowledge of the facts as set out in this Affidavit because: (insert reasons e.g. I work for… I attended a meeting at which... etc.) _________________________________________________________________________________________________ _________________________________________________________________________________________________ I have reasonable and probable grounds to believe that ____________________________ (specify name of Member in question) has contravened section(s) ___________________of the Code of Conduct of the Town of Tillsonburg. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule “A” form and check the applicable box below.) _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Schedule A attached  Yes  No This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of Collingwood appointed Integrity Commissioner and for no other purpose. Sworn (or Affirmed) before me at the Town of Tillsonburg, in the County of Oxford, in the Province of Ontario on the __________ day of ___________________________, __________. ______________________________________ ___________________________________ A Commissioner, etc. Signature of Complainant (to be witnessed by Commissioner) NOTE: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (sections 131, 132) or by summary conviction (section 134). Signing a false affidavit may expose you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation. 132 Schedule B - Additional Information to Formal Complaint Form / Affidavit Below is additional information to Appendix B – Formal Complaint Form / Affidavit. If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right corner. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ This Schedule A referred to in the Affidavit of ______________________________ (full name) sworn (or affirmed) before me on this _________ day of _________________________, ____________. __________________________________ A Commissioner for taking affidavits, etc. The personal information collected on this form is collected under the authority of the Municipal Act, as amended and will be used to and is used solely for the purposes related to the complaint, the investigation and subsequent report therein. Questions about this collection should be addressed to the Town Clerk, 519-688-3009 ext, 3224. 133 STAFF REPORT CLERKS OFFICE Title: Bill 8 – Public Sector and MPP Accountability and Transparency Act Report No.: CL 15-24 Author: DONNA WILSON, Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: RECOMMENDATION THAT Council receives Report CL 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. EXECUTIVE SUMMARY Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, was passed and given Royal Assent in December, 2014. In May 2015, it was announced that it will be proclaimed into force as of January 1, 2016. Many of the provisions in the new legislation relate to the themes of openness, transparency, accountability etc., and the legislation allows for an expanded set of powers and protocols for the Office of Ontario’s Ombudsman. Among other things, the new statute will allow the Ontario Ombudsman to oversee the administration, governance, and operation of not just local government, but over the entire “MUSH” sector, being municipalities, universities, school boards and hospitals. Previous to Bill 8, Bill 130 came into force in 2007 and amended the Municipal Act, 2001. Municipalities were given the option to create: • Codes of Conduct • Integrity Official positions: o Integrity Commissioners o Auditor Generals o Local Ombudsmen o Closed Meeting Investigators • Lobbyist registries and registrars 1 CAO 134 Many municipalities have considered and/or are already working with some of the Bill 130 provisions. As an example, a joint Closed Meeting Investigator was established and a joint agreement is accessible to all municipalities in Oxford County. The Town of Tillsonburg currently is not part of this agreement and chose to rely on the Ontario Ombudsmen as our default meeting investigator. Further, Tillsonburg has previously established a Code of Conduct for Councillors which is currently being reviewed. Bill 8 will amend subsection 14(1) of the Ombudsman Act to allow the ombudsman to “investigate any decision or recommendation made or any act done or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his, her or its personal capacity.” Therefore, any member of the public may now bring their concerns about municipalities (including Council or administration) to the Ontario Ombudsman. It should be noted that the Town’s legal counsel and police service board are exempt. Bill 8 does not change the provisions of Section 239 of the Municipal Act regarding closed meetings but the Ontario Ombudsman will remain the default if a municipality does not have its own closed meeting investigator. Similar to the Closed Meeting Investigator provisions, where a municipality does not appoint its own integrity official(s), the Office of the Ontario Ombudsman will become the ‘default’ investigator. As a summary, the amended powers of the Ontario Ombudsman under Bill 8 are as follows: • The Ontario Ombudsman will become the default ombudsman for municipal governments that do not appoint a municipal ombudsman, except in the City of Toronto; • The Ontario Ombudsman will have ‘final oversight’ of individual complaints even where a municipal ombudsman has been appointed, except in the City of Toronto: o Even if a municipal ombudsman has been appointed, the Ontario Ombudsman may investigate complaints if:  the Municipal Ombudsman has completed his/her investigation  a complaint was made to the Municipal Ombudsman and he/she refused to investigate  the time for bringing a complaint to the Municipal Ombudsman has expired o The Ontario Ombudsman will also have oversight of municipal Auditor Generals and Integrity Commissioners; • While the Ontario Ombudsman can also investigate on his own, it is understood that this would be reserved for systemic issues or matters of the broader public good relating to all municipal governments, including the City of Toronto. In accordance with Bill 8, Council should now consider exercising its authority to appoint an Integrity Commissioner and/or Municipal Ombudsman. As noted above, municipalities may continue to appoint and retain their own Integrity Official(s) as provided for in Bill 130, or now through the provisions of Bill 8, simply use the services provided by the Office of the Ombudsman. Currently, the City of Toronto is the only municipality in Ontario to appoint a Municipal Ombudsman and most municipalities simply have relied on existing processes and procedures for handling a variety of matters that might otherwise be investigated by Integrity Official(s). 2 CAO 135 Municipal Integrity Officials could focus on local issues and address them within the local context of the Town and its residents before issues are potentially sent to the Ontario Ombudsman. If a local Integrity Official has taken the necessary steps to conclude an investigation, a complainant can still decide to take the matter to the Provincial Ombudsman, who may review the matter and overrule the decision. However, the Ombudsman’s office has indicated that regardless of whether or not a local Ombudsman has been appointed, the Ombudsman’s office will continue to encourage resolution at the local level before launching an investigation. In accordance with section 223.3 of the Municipal Act, 2001, Integrity Commissioners are responsible for performing, in an independent manner, the application of the code of conduct, procedures, rules, and policies and ethical behavior of members of council and local boards. Section 223.13 of the Municipal Act, 2001 states that local Ombudsman are responsible for investigating, in an independent manner, any decision or recommendation made or act done or omitted in the course of the administration of the municipality and affecting any person or body of persons in his, her or its personal capacity (the same definition as that being added to the Ombudsman Act). If the Provincial Ombudsman does in fact decide to conduct an investigation into a matter, the head of the institution must be informed before the investigation starts, and the institution must be provided an opportunity to make representations to the Provincial Ombudsman if the report or recommendations may adversely affect the institution. The Provincial Ombudsman will make recommendations after an investigation and it will be up to the municipality as to whether or not to adopt the recommendations. Should the municipality wish to appoint its own Integrity Officials, there would be an associated cost. Although Staff currently do not know what the exact cost would be, there might be some opportunity to take part in a shared resource arrangement with other County of Oxford municipalities (similar to the closed meeting investigator arrangement), which could provide a cost savings through economies of scale. On the other hand, there is no charge for the services provided by the Provincial Ombudsman and, even if a local Integrity Commissioner or Ombudsman is appointed, the complaint could still be sent to the Ontario Ombudsman after the local investigation has been concluded. Many municipalities have appointed Integrity Commissioners and the responsibilities, qualifications, and availability is well defined. However, the responsibilities, qualifications, and availability of Municipal Ombudsman is still unknown and municipalities are struggling with defining what the role will look like, what qualifications are required, and what the cost will be. York Region has recently put out a Request for Information to try to address some of the unknowns by “inviting interested Respondents that may be able to fulfill the role of Ombudsman and provide Ombudsman Services, to submit information on Ombudsman Services including identifying and establishing administrative and operational supports.” It may be wise for Council to choose not to appoint Municipal Integrity Officials at this time until the possible process and cost is better known. The Provincial Ombudsman would become the Town’s default Ombudsman as of January 1, 2016, at no cost; however Council would still have the option to appoint Municipal Integrity Officials at any time after that. Staff would continue to monitor developments and possible costs (including opportunities for joint 3 CAO 136 appointment with other municipalities) and bring forward recommendations accordingly. In addition to examining whether or not to appoint a Municipal Ombudsman and/or an Integrity Commissioner, the necessary corporate policies such as an Accountability and Transparency policy, an updated Council Code of Conduct and Procedural By-law and a Records Management Policy will also be brought to Council in the near future for review. Policy updates in response to Bill 8 will likely be required either way. Staff will continue to monitor developments under Bill 8, including the potential improvements to municipal complaints management systems being championed by the Association of Municipalities of Ontario (AMO). Suggested options/resolutions for Council to consider at this time are as follows: Option 1 – Do not appoint Municipal Integrity Officials and direct that the Ontario Ombudsman become the default ombudsman for the Town of Tillsonburg: THAT Council receive Report cl 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. Option 2 – Appoint an Integrity Commissioner only to investigate alleged Council violations of the Code of Conduct: THAT Council directs staff to begin recruitment for the position of Integrity Commissioner; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. Option 3 – Appoint a Municipal Ombudsman only to investigate any decision or recommendation made or act done or omitted in the course of the administration of the municipality: THAT Council directs staff to begin recruitment for the position of Municipal Ombudsman; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. Option 4 Appoint an Integrity Official to act as an Integrity Commissioner and a Municipal Ombudsman: THAT Council directs staff to begin recruitment for the position of Integrity Commissioner and Municipal Ombudsman; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. 4 CAO 137 CONSULTATION/COMMUNICATION At the meeting of the Oxford County Clerks on July 8th, discussion took place in regards to the proposed changes under Bill 8, the Public Sector and MPP Accountability and Transparency Act, particularly the accountability and transparency section. A subcommittee of Clerks was formed to investigate the possible appointment of a joint integrity officer to serve the County of Oxford. As a result, this report is before council for consideration. COMMUNITY STRATEGIC PLAN IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Bill 8 and the review of Corporate Policies provides the public with regular updates on ongoing initiatives and appropriate contacts. The updated policies will provide citizens with key performance indicators for this initiative. FINANCIAL IMPACT/FUNDING SOURCE No financial impact at this time, however if council were to appoint an Integrity Commissioner or Municipal Ombudsman there would be a cost which has not been determined at this point. 5 CAO 138 STAFF REPORT CLERK Report Title: COMMITTEE OF ADJUSTMENT APPOINTMENT Report No.: CL 15-33 Author: DONNA WILSON, CLERK Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: APPOINTMENT BY-LAW RECOMMENDATION: THAT Council receives Report CL 15-33 Committee of Adjustment Appointment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an Appointment By-law be brought forward for Council’s consideration. EXECUTIVE SUMMARY The Planning Act provides that if a municipality has passed a by-law under Section 34 of the Act (a zoning by-law), the council may by by-law constitute and appoint a committee of adjustment for the municipality which shall be composed of a minimum of three persons. The Committee of Adjustment is a quasi-judicial body, operating independently from Council, which must comply with rules of procedure as prescribed in the Planning Act. In accordance with Section 44(3) of the Planning Act, the members of the committee who are members of a municipal council shall be appointed annually. The first year of Council the committee of adjustment which is comprised of all of Council is duly appointed through the swearing in of their position at their Inaugural Meeting of Council. The appointment of Council to the Committee of Adjustment is now required for the year 2016 and will be required for the subsequent years of 2017 and 2018 in order to comply with the Planning Act, R.S.O. 1990. IMPACT ON COMMUNITY STRATEGIC PLAN Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are aware of ongoing initiatives and planning applications. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact to the appointment of the Committee of Adjustment. 139 Page 2 / 2 CAO 140 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3977 Being a By-law to appoint a Committee of Adjustment for the Town of Tillsonburg pursuant to Section 44 of the Planning Act., R.S.O. 1990 c. P. 13. WHEREAS Section 44 of the Planning Act, 1990 allows municipalities who have passed a zoning by-law under Section 34 of the Act, to appoint a Committee of Adjustment for the municipality. AND WHEREAS the Municipality of the Town of Tillsonburg wish to constitute and appoint a Committee of Adjustment. NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Committee of Adjustment for the Corporation of the Town of Tillsonburg shall have all statutory duties listed under Sections 44 and 45 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended. 2. THAT the following members of Council shall be appointed to the Town of Tillsonburg Committee of Adjustment for a term to expire December 31, 2016; Stephen Molnar Dave Beres Maxwell Adam Penny Esseltine Jim Hayes Chris Rosehart Brian Stephenson 3. THAT the Chair of the Committee of Adjustment shall be the Mayor of the Town or Tillsonburg or designate. 4. THAT the Clerk for the Town of Tillsonburg, or designate, is responsible for the Secretary-Treasurer duties of the Committee of Adjustment as prescribed in the Planning Act. 5. THAT all hearings of the Committee of Adjustment shall be called by the Secretary- Treasurer or designate as it is necessary, according to the submission of applications for 141 minor variances and shall take place in Council Chambers during a regular scheduled Council meeting. 6. THAT any by-law inconsistent with this by-law shall be hereby repealed. 7. THAT this by-law shall come into full force and effect upon the day of final passing. READ a first and second time this 14th day of December, 2015. READ a third time and passed this 14th day of December, 2015. _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson 142 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: BRANDING PROJECT UPDATE – BRAND PLATFORM Report No.: DCS 15-53 Author: CEPHAS PANSCHOW (ON BEHALF OF THE BRANDING TASK FORCE) Meeting Type: COUNCIL MEETING Council Date: DECEMBER 14, 2015 Attachments: BRAND PLATFORM RECOMMENDATION: THAT Council receive Report DCS 15-53 Branding Project Update – Brand Platform; AND THAT the Brand Platform prepared for the Town of Tillsonburg by ifourone design and the Branding Task Force be approved in principle subject to the completed brand package being brought back to Council for final approval. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an update on the status of the Town Branding Project and to seek approval for the Brand Platform, which will serve the basis for the design of a new logo and complete brand package. BACKGROUND INFORMATION On July 13, 2015 Council approved the following motion as contained in Report DCS 15-30: “THAT Council receive Report DCS 15-30 Town Branding Project Branding Project Update; AND THAT a Branding Task Force be created as per the attached Terms of Reference.” Subsequent to this, a Branding Task Force was established and the members have been meeting regularly to assist the Town of Tillsonburg and ifourone design, the graphic design consultant selected for the project, to develop a new brand platform for the Town. 143 A Brand Platform is defined as a set of associations that customers make with a particular company and it includes everything from the core message to be communicated to the customer to the brand promise (how we fulfil customer expectations) to target customers and the overall brand look and feel. In terms of next steps for the project, the Task Force anticipates the following schedule:  Approval of Brand Platform by Council - December 14  Brand Image (Logo) Development - Early January  Public Focus Group - January  Brand Platform and Logo Finalization - February  Final Approval of Brand Platform and New Logo - February COMMUNITY STRATEGIC PLAN This initiative is in keeping with the broad strokes of the Community Strategic Plan; namely, demonstrating excellence in local government and improving communication. Further, new branding will also support economic sustainability and demographic balance by ensuring the Town’s public image is attractive to citizens, business owners and new residents. CONSULTATION/COMMUNICATION In Report DCS 15-30, staff recommended that Strategy 3 of the Public Engagement Guidelines be used for this project based on the high profile nature of community branding. Objectives for this strategy are:  To seek public feedback on analysis, alternatives and/or decisions;  To ensure that public concerns and aspirations are consistently understood and considered;  To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution;  To consult, involve or collaborate with the community and key stakeholders. In that regard, extensive public input has been obtained as follows:  Creation of Branding Task Force with representation from: o Downtown Tillsonburg Business Improvement Association (Virginia Armstrong) o Station Arts Centre (Chris Jezovnik) o Tillsonburg District Chamber of Commerce (Marcel Rosehart) o Tillsonburg District Real Estate Board (Lindsay Morgan) o Town of Tillsonburg  Mayor Stephen Molnar  Councillor Max Adam  David Calder Page 2 / 3 CAO 144  Cephas Panschow  Colleen Pepper  Rick Cox  A public Brand Survey that was distributed via email, posted on the Town’s website and included in the Focus on Tillsonburg section of the Tillsonburg News  Three focus groups held on August 27 (2) and Sep 1. The Town received 316 responses to the Brand Survey and this is considered a great response as the only Town survey that is known to have had more respondents was the 2014 Community Strategic Plan consultation, which had a total of 357 responses. FINANCIAL IMPACT/FUNDING SOURCE There is no anticipated budget impact related to this report. Page 3 / 3 CAO 145 Brand Platform about Tillsonburg Tillsonburg is a distinct urban community that exists within a larger rural context. While its population exceeds 15,000, Tillsonburg serves as a regional centre for a surrounding population of over 50,000. With its small-town feel, attractive downtown and access to quality recreation, education and community amenities, Tillsonburg provides a unique environment in which to live, work and play. our vision for the future Tillsonburg is a family-friendly community known for its historic charm, thriving businesses and modern lifestyle amenities. It is a regional hub for employment, recreation and culture. Residents envision Tillsonburg as a desirable place to live and visit. They see Tillsonburg as a supportive community for all demographic groups, with an engaged population and a diverse, modern economy providing a variety of quality employment opportunities. An accountable local government will communicate seamlessly with citizens and other levels of government, and will continuously act to meet the evolving needs of the Town. Tillsonburg will be known as a unique and differentiated community. Its vibrant main street and welcoming atmosphere will attract tourism and help local businesses to thrive. Its status as a hub within the surrounding rural agricultural landscape will set it apart, and its ample green space and trails will provide high quality recreational opportunities. Source: Town of Tillsonburg Community Strategic Plan, August 2014 Town of Tillsonburg Place Brand Project Brand Platform 1 146 Brand Platform our goals A strong place-brand will enable Tillsonburg to: • Be more successful in attracting and retaining talent, trade and tourism • Strengthen our reputation as dynamic place to live, work, and play • Encourage innovative, sustainable economic development • Effectively communicate the values of the town and the character of the people who live here • Deliver a consistent, authentic message about the community to citizens, stakeholders, and potential partners • Nurture and promote civic pride and engagement (i.e. brand ambassadors) our values In Tillsonburg… • We encourage an entrepreneurial spirit; • We enjoy a high quality of life; • We believe in a strong sense of community; and, • We value arts and culture. Town of Tillsonburg Place Brand Project Brand Platform 2 147 Brand Platform our assets Tillsonburg provides many advantages to residents, businesses, investors and visitors. An August 2015 survey asked respondents to identify words/phrases they associated most with Tillsonburg. The results shown are the weighted average, with “0” being the least identifiable and “5” being the most identifiable. Arts & Culture Sense of Community Annandale NHS (3.79) Community Centre (3.97) Station Arts Centre (3.55) Safety (3.95) Festivals & Events (2.75) Family Friendly (3.46) Engagement (3.22) Entrepreneurial Spirit Customer Friendly (3.13) Downtown (2.89) Services (2.96) Industry (2.75) Pet Friendly (2.80) Business Friendly (2.58) Festivals & Events (2.75) Entrepreneurial (2.33) Youth Activities (2.37) Green Initiatives (2.33) Diverse Economy (2.32) Investment Opportunities (2.08) Quality of Life Walking Trails (4.02) Lake Lisgar (3.98) Community Centre (3.97) Location (3.62) Family Friendly (3.46) Recreation (3.33) Education (3.01) Access to Childcare (2.91) Health & Wellness (2.87) Entertainment (1.82) Source: Town of Tillsonburg Place Brand Project Survey, August 2015 The results shown are the weighted average. Town of Tillsonburg Place Brand Project Brand Platform 3 148 Brand Platform our brand story The essence of Tillsonburg is captured in three words – connected, enriched and inspired. Connected • Strong sense of community among residents • Strong history of community engagement and collaboration • Ability to network naturally due to size of the community • Fibre optic infrastructure in industrial areas • Strategic location with good access to markets and transportation Enriched • Variety and quality of recreation and leisure programs, services and facilities • Many opportunities to be meaningfully involved in the community (i.e. organizations, clubs, causes) • Abundance of parks, green spaces and trails • Hospital, health and wellness services • Family-friendly lifestyle without the stresses found in larger urban centres • Arts and cultural amenities • Rural and urban influences combine for a sustainable, comfortable pace Inspired • Enterprising history • Entrepreneurial spirit and rural work ethic evident • Proven leadership in agri-business and related ventures • Track record of “made-in-Tillsonburg” solutions and grassroots initiatives Town of Tillsonburg Place-brand Project Brand Platform 4 149 Brand Platform Connected In Tillsonburg, you can be known by name and valued by the community around you. In Tillsonburg, young leaders can stretch their wings and entrepreneurs succeed. In Tillsonburg, everyday encounters often lead to extraordinary opportunities, and new markets are within easy reach—by road, rail or runway. Enriched In Tillsonburg, you can enjoy the fruits of your labour. Our agricultural heritage means hard work is valued, but so too is rest and relaxation. In Tillsonburg, neighbours are friends, and children can play safely in yards and parks. As a regional hub, Tillsonburg offers high-quality recreational amenities, cultural programs and health/wellness services. In Tillsonburg, you can enjoy a rich, meaningful life at any age. Inspired In Tillsonburg, creative minds converge. In Tillsonburg, residents are known for their ingenuity, passion and persistence. In Tillsonburg, you can make a difference. You can help meet community needs as a businessperson, or leave a legacy as a volunteer. In Tillsonburg, you can champion a cause, or anchor a team. Tillsonburg is a community where you can create your own future. Town of Tillsonburg Place-brand Project Brand Platform 5 150 Brand Platform target audiences The Community Strategic Plan identifies a need to improve economic sustainability and achieve greater demographic balance. Accordingly, the Town’s brand has the following audiences: Talent — The Middle Third (Adults aged 25 – 45) • People looking for a high quality of life for their household • People looking for a safe, active, and accessible community • People looking to put down roots or go “home” • Entrepreneurial-minded people looking create their own future • Workers in manufacturing, business services, health or senior-related services • Commuting professionals with families Trade — Manufacturing, Agri-food, Retail, Technology • Industry looking for market access without associated costs • Industry employing workers in unskilled, skilled and management positions • Industry looking for a large regional employee base • Retail businesses for under-served area with potential for a larger regional market • Businesses that require ultra high-speed connectivity • Industry looking for supportive council and community Tourism — The create-your-own-adventure day tripper • People who value taking the road less traveled and exploring what others overlook including: • History and aesthetic enthusiasts (Annandale National Historic Site; Pioneer Cemetery; architecture; genealogy) • Arts and culture lovers (Station Arts; Otter Valley Playhouse: Oxford Studio Tour; décor and crafts) • festival and event patrons (Christmasfest; Turtlefest) Town of Tillsonburg Place-brand Project Brand Platform 6 151 Brand Platform • sports and recreation participants (teams; tournaments; trails; outdoor recreation) sample messaging Talent — The Middle Third Tillsonburg is home. It’s a community where the pace is comfortable and the people are committed to causes beyond themselves. They seek to enrich their lives through personal connections and meaningful leisure activities. Hard work is valued here and the entrepreneurial spirit is alive and well. Located within an easy drive of major centres, Tillsonburg combines the best elements of rural and urban living. Trade — Manufacturing, Agri-food, Retail, Technology Located in Ontario’s manufacturing heartland, and close to major centres, Tillsonburg is an attractive place for employment and investment. Tillsonburg is where highly- skilled and talented people converge. Our high quality of life is appealing to workers, and our ingenuity and work ethic are legendary. Our entrepreneurial spirit is evident in grass-roots solutions and strong public support. Tourism — The create-your-own-adventure day tripper Tillsonburg is ripe for adventure. Knowledgeable residents and a welcoming atmosphere makes day trips enjoyable and unique. Our arts and culture, festivals and events, National Historic Site, and recreation and leisure programs means there is something for everyone — regardless of interest. Town of Tillsonburg Place-brand Project Brand Platform 7 152 STAFF REPORT FINANCE Report Title: County Water Billing Agreement Report No.: FIN 15-56 Author: Darrell Eddington Meeting Type: COUN CIL MEETING Council Date: DECEMBER 10, 2015 Attachments: BYLAW 3976; SCHEDULE A BYLAW 3976 TILLSONBURG BILLING AGREEMENT RECOMMENDATIONS: THAT Council receives report FIN 15-56 County Water Billing Agreement. AND THAT Council consider By-Law 3976 for three readings. EXECUTIVE SUMMARY In August 2015, the Town submitted a Request for Proposal to the County of Oxford to continue the water billing services at a new rate of $3.66 per metered water service (from $3.93 less average meter reading costs of $0.47) and $3.09 for flat rate service (from $3.01). This agreement begins January 1, 2016 and is for a three year term with a one year extension with mutual agreement. The attached agreement and by-law has been agreed to by the County and Town’s legal counsel. FINANCIAL IMPACT/FUNDING SOURCE N/A. 153 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3976 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE COUNTY OF OXFORD FOR WATER BILLING AGREEMENT WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3649, enacted September 10, 2012; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. 3. AND THAT By-Law 3649, Water Billing Agreement, be and is hereby repealed in its entirety. Read a First and Second Time this 14th day of December, 2015. Read a Third and Final Time and passed this 14th day of December, 2015. Mayor – Stephen Molnar Town Clerk – Donna Wilson 154 BILLING AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ___________ , 2015. Between: THE CORPORATION OF THE TOWN OF TILLSONBURG a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the “Provider” - and - COUNTY OF OXFORD a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the ”Client” WHEREAS the Provider has established a utility billing, collections, and call centre service (herein referred to as the "Service"); AND WHEREAS the Client wishes to subscribe for and receive the Service on the terms and conditions set forth in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1.0 PROVISION OF SERVICE 1.1 Description of Service. The Provider agrees to implement and maintain the Service for the Client as described in Schedule “B” annexed hereto. 1.2 Provider's Representations and Warranties. The Provider hereby represents and warrants to the Client that: 1 155 (a) there are no judgments, decrees, orders, awards or executions outstanding against the Provider or its assets nor are there any suits or actions or legal, administrative, arbitration, governmental or other proceedings or investigations (including appeals and applications for review) affecting the Provider or its assets pending or, to the knowledge of the Provider, threatened which might adversely affect the Provider's right and ability to enter into this Agreement and to observe, perform and discharge each and all of its obligations hereunder; (b) the Provider has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, perform and discharge each and all of the covenants, terms and provisions of this Agreement which are required to be observed and performed by it and such entering into, execution, delivery and performance: (i) has been duly and validly authorized by all necessary corporate action; (ii) does not require the consent of or approval by, or any notification of or filing with, any Person which has not already been obtained or done; (iii) does not constitute a violation of any laws and regulations to which the Provider is subject or any order, writ, injunction or decree applicable to it; (iv) does not constitute a default (or would, with the passage of time or the giving of notice or both, constitute a default) under any contract, agreement or obligation to which the Provider is a party or by which it is bound; and (c) this Agreement has been duly executed and delivered by the Provider and constitutes legal, valid and binding obligations of the Provider enforceable against the Provider in accordance with its terms; (d) the Provider has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable the Provider to grant to the Client each and all of the rights, licences, sub licences and authorities which are being granted by the Provider to the Client pursuant to and in accordance with this Agreement; 2 156 (e) there are no existing restrictions or constraints on the Provider's right and ability to deliver the Service in accordance with this Agreement or on its right to use the utility billing related software in connection therewith; Each and all of the representations and warranties of the Provider contained in this Section 1.2 and elsewhere in this Agreement shall be deemed to be made and given continuously throughout the Initial Term and the Renewal Term during which this Agreement is to continue and shall be deemed to have been relied on by the Client continuously throughout the Initial Term and the Renewal Term. 1.3 Client’s Representations and Warranties. The Client hereby represents and warrants to the Provider that: (a) the Client has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, perform and discharge each and all of the covenants, terms and provisions of this Agreement which are required to be observed and performed by it and such entering into, execution, delivery and performance: (b) has been duly and validly authorized by all necessary corporate action; (c) does not require the consent of or approval by, or any notification of or filing with, any Person which has not already been obtained or done; (d) does not constitute a violation of any laws and regulations to which the Client is subject or any order, writ, injunction or decree applicable to it; and (e) does not constitute a default (or would, with the passage of time or the giving of notice or both, constitute a default) under any contract, agreement or obligation to which the Client is a party or by which it is bound. (f) Shall annually authorize customer adjustments as they pertain to write-off allowances, broken water mains and other ancillary issues. 1.4 Provider's Covenants. The Provider hereby covenants to, and agrees with, the Client that, for so long as this Agreement shall remain in effect: 3 157 (a) the Service shall be provided by the Provider to the Client in compliance with all of the requirements of this Agreement as well as in accordance with all applicable laws (including the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”)), statutes, ordinances and regulations of all governmental entities and other regulatory authorities having jurisdiction over the parties hereto (or either of them) including, but not limited to, “Personal Information” as defined in the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”); (b) the Provider shall at all times provide and perform the Service in a timely, professional, and competent manner and otherwise in accordance with this Agreement and, without limiting the generality of the foregoing, the Provider shall at all times achieve the service level requirements specified in the Schedules attached to this Agreement. The provider will provide access; and (c) the Provider shall do all such acts and things to ensure that its representations and warranties which are set forth in Section 1.2 hereof remain fully true, accurate and correct. 2.0 TERM 2.1 Initial Term. The initial term of this Agreement shall commence on January 1, 2016 (the “Effective Date”) and shall, unless terminated at an earlier date by either of the parties hereto in accordance with the applicable provisions of this Agreement, continue in full force and effect for a three year term (the "Initial Term"). 2.2 Renewal Term. This Agreement will have a one year extension upon mutual agreement of the Provider and the Client’s Directors of Corporate Services and Public Works. 2.3 Notice – the Client and Provider shall provide notification in writing at least six months in advance of the termination date of the Initial Term of this Agreement and any agreed upon Renewal Term hereto indicating their intention to terminate or exercise the option to renew under section 2.2. 4 158 3.0 COMPENSATION 3.1 Fee for Providing Service. As payment in full to the Provider for its providing the Service to the Client upon and in accordance with this Agreement, the Client hereby agrees that it shall pay to the Provider fees in the amounts and upon the terms and conditions outlined in Schedule “C” annexed hereto (the “Fees”). 3.2 Additional Services. If, at any time and from time to time, the Client shall request the Provider to provide any Additional Services (and, as used in this Agreement, "Additional Services" means services which are not included in the services and other matters described in Schedule "B" annexed hereto but which the Provider has the resources and ability to provide), the Provider shall, promptly following its receipt of such request, provide the Client with a written estimate of the cost of providing to the Client the Additional Services so requested by the Client and the Client must approve the estimate so given to it by notice in writing to the Provider prior to the Provider commencing to provide the Additional Services so requested. 3.3 For the purposes of this Section 3, “CPI” means the consumer price index for “All Items” published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. On every anniversary of the Effective Date during the Term (each a “Change Date”), the Fees shall escalate by the average of the annual percentage changes in the CPI in the twelve (12) consecutive months immediately preceding the Change Date (the “Percentage Change”). In the event that the Percentage Change is positive on a Change Date, then the Fees shall be multiplied by the Percentage Change, and the resulting increase shall be added to the Fees and such sum shall be the escalated Fees effective as of that Change Date. The Client agrees that said escalated Fees shall thereafter be payable in accordance with the terms of this Agreement, until the next Change Date. In no event shall the Fees in a given year be less than the Fees for the immediately preceding year. 3.4 In the event that the CPI information necessary to determine the Percentage Change is unavailable as of a Change Date, the Client shall continue to pay the Fees it had been paying immediately prior to said Change Date until such information is made available; at that time the Fees shall escalate in accordance with this Section and the Client shall make a retroactive payment to the Provider equal to the increase. No 5 159 subsequent adjustments or recomputations, retroactive or otherwise, shall be made to the CPI due to any revision that may later be made to the first published figure of the CPI for any month. 4.0 CONFIDENTIAL INFORMATION 4.1 Confidential Information Defined. Except as otherwise expressly provided in this Agreement, each party hereto (the “Receiving Party”) agrees that all information communicated (whether orally or in writing) and all documents provided to it by the other party hereto (the “Disclosing Party”) by any method and in any format or medium whatsoever, and whether before, on or after the Effective Date, shall be deemed to be confidential and proprietary to the Disclosing Party (and all such information together with this Agreement are collectively referred to in this Agreement as the “Confidential Information”). The Receiving Party may use the Confidential Information of the Disclosing Party only in connection with, and for the purposes of, exercising its rights and carrying out and performing its duties and obligations under this Agreement. For greater certainty, all Client Database Files shall be deemed to be included in, and form a part of, the Confidential Information of the Client. 4.2 Protection of Confidential Information. Each party hereto agrees to use the same means as it uses to protect its own Confidential Information, but in no event less than such means as are reasonable having regard to all then prevailing facts and circumstances, to prevent the disclosure, and to protect the confidentiality of, the other party’s Confidential Information. 4.3 Permitted Disclosure of Confidential Information. A Receiving Party shall not disclose any of the Confidential Information of the Disclosing Party without the prior written consent of the Disclosing Party (which consent may be withheld by the Disclosing Party in its sole discretion), provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s legal counsel and other professional advisers and the Receiving Party’s directors, officers, employees and contractors, but only if and to the extent that such recipients need to have access to such Confidential Information for the purposes of enabling or assisting the Receiving Party to exercise its rights and to carry out and perform its duties and obligations under this Agreement. A Receiving Party, before making any such 6 160 permitted disclosure, shall advise each such legal counsel, professional adviser, director, officer, employee and contractor of the confidentiality obligations set forth in this Article 4.0 and of the need to fully comply therewith. Compliance by each such legal counsel, professional adviser, director, officer, employee and contractor with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining such Person. Notwithstanding the foregoing but subject to Section 4.7 hereof, the Provider may disclose to such other Persons including, without limitation, the Ontario Energy Board and the Independent Electricity Market Operator, those and only those portions of the Client’s Confidential Information that the Provider is required by law to disclose in order to carry out and perform its duties and obligations under this Agreement. 4.4 Exclusions from Confidential Information. Notwithstanding the foregoing, for the purposes of this Agreement, Confidential Information shall not include any information that: (a) is or becomes generally available to the public in circumstances which did not involve a breach of any of the provisions of this Article 4.0; (b) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party, provided that, to the knowledge of the Receiving Party, such source is not bound by a confidentiality agreement with the Disclosing Party or otherwise prohibited from disclosing such information to the Receiving Party by a contractual, legal or fiduciary obligation; (c) was known to the Receiving Party prior to its having been disclosed to the Receiving Party by or on behalf of the Disclosing Party; or (d) was independently conceived, discovered, acquired or developed by the Receiving Party, whether before, on or after the Effective Date. 4.5 Compulsory Disclosure of Confidential Information. In the event that a party hereto becomes legally compelled to disclose any Confidential Information of the other party hereto in accordance with any laws, statutes, ordinances and regulations of any governmental entity and other regulatory authority having jurisdiction over the party so compelled or any court (or other like tribunal) order, subpoena or document discovery 7 161 request, the party so compelled shall immediately provide the other party hereto with written notice thereof so that such other party may seek a protective order or other remedy and/or waive compliance by the party so compelled with this Article 4.0 in relation to the Confidential Information so compelled to be disclosed. If such other party does not obtain such a protective order or other remedy within 15 days following its receipt of any such written notice, the party so compelled may thereafter disclose only that portion of the Confidential Information which it is advised, by written opinion of duly qualified legal counsel, as being legally required to be disclosed and the party so compelled shall use all reasonable best efforts to obtain reliable assurances that confidential treatment will be given to the Confidential Information so disclosed. 4.6 Compliance with PIPEDA and MFIPPA. In the event that any Confidential Information is disclosed, the party making such disclosure shall obtain suitable assurances from the Person to whom such disclosure is being made to ensure compliance with PIPEDA and such other laws and regulations as may then be applicable, including, but not limited to, “Personal Information” as defined in the Municipal of Information and Protection of Privacy Act (“MFIPPA”); 4.7 Survival. The respective obligations of the parties under this Article 4.0 shall forever survive the expiration or other termination of this Agreement. 5.0 FORCE MAJEURE 5.1 Force Majeure Event. Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its duties and obligations under this Agreement (other than an obligation to pay money) if such delay or non-performance is due to any cause beyond its control and which did not occur by reason of the default, negligence or wilful act of the Provider including, but not limited to, any act of God, flood, drought, lightning or fire, wide scale power interruption, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, plague, military operations or riot, and any act, omission or decision of a government (“Force Majeure Event”). 5.2 Occurrence of a Force Majeure Event. If either of the parties hereto shall become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any such failure or delay to perform its duties and obligations under this Agreement, it 8 162 shall immediately give written notice to the other party hereto and such notice shall set forth reasonable details of the Force Majeure Event in question and the period of time which it is estimated that such failure or delay shall continue. The parties hereto shall, as soon as reasonably practicable following the making of such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to agree to a commercially reasonable plan to remedy or overcome any problems arising from the Force Majeure Event. 6.0 TERMINATION AND RENEGOTIATION OF AGREEMENT 6.1 Termination of Agreement by Mutual Written Agreement. This Agreement may be terminated at any time by an agreement in writing which has been duly executed and delivered by both of the parties hereto. 6.2 Termination of Agreement by the Client for Breach by the Provider. In the event that: (a) the Provider shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within thirty (30) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the making of such payment; provided that, 7the foregoing shall not apply to any amounts which the Provider is legitimately and bona fidely disputing its liability to pay. (b) the Provider shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.3(b) shall arise only if the Provider shall fail to fully cure such default or breach to the reasonable satisfaction of the Client within twenty one (21) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Provider shall have commenced and diligently proceeded to cure such default or breach within such 9 163 twenty one (21) day period, the Provider shall have one further period of fifteen (15) days in which to cure such default or breach; or 6.3 Termination of Agreement by the Provider for Breach by the Client. In the event that: (a) the Client shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within 30 days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the making of such payment; provided that, the foregoing shall not apply to any amounts which the Client has been invoiced and is legitimately and bona fidely disputing its liability to pay; (b) the Client shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.4(b) shall arise only if the Client shall fail to fully cure such default or breach to the reasonable satisfaction of the Provider within twenty one (21) days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Client shall have commenced and diligently proceeded to cure such default or breach within such twenty one (21) day period, the Client shall have one further period of 15 days in which to cure such default or breach; or 7.0 DAMAGE LIMITATION 7.1 Limitation for Non-Performance caused by Force Majeure. In no event shall the Provider be liable to the Client for any damages resulting from, or related to, any failure or delay of the Provider to properly perform and discharge its duties and obligations under this Agreement if such delay or failure was due to a Force Majeure Event as outlined in Section 6.1 hereof (and any such delay or failure by reason of a Force Majeure Event shall not constitute a default or breach by the Provider under this 10 164 Agreement). Similarly, in no event shall the Client be liable to the Provider for any damages resulting from, or related to, any failure or delay of the Client to properly perform and discharge its duties and obligations under this Agreement if such delay or failure was due to a Force Majeure Event as outlined in Section 6.1 hereof (and any such delay or failure by reason of a Force Majeure Event shall not constitute a default or breach by the Client under this Agreement). 7.2 No Liability for Consequential Damages. The parties agree that in no case shall the Provider or the Client be liable for any loss of business, consequential or indirect damages. 8.0 INDEMNIFICATION 8.1 Indemnification by the Provider in favour of the Client. (a) The Provider shall, and does hereby, indemnify, defend and hold harmless the Client and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a “Client Indemnitee”) from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”) which may be asserted against or suffered by each Client Indemnitee relating to, or in connection with, or resulting from or arising out of any negligence or willful misconduct of the Provider, its employees or any authorized representatives, including any of its third party contractors, consultants, agents or advisors, in performing the Provider's duties and obligations under this Agreement. For greater certainty, in the event of contributory negligence or other fault of a Client Indemnitee, such Client Indemnitee shall only be indemnified hereunder in the proportion that the Client Indemnitee’s negligence or fault did not contribute to the Indemnifiable Loss in respect of which indemnity is then being sought. (b) The Client shall, for all purposes, be deemed to hold the provisions of subsection 9.1(a) hereof that are for the benefit of the Client Indemnitees that are not a party 11 165 to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Client Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is otherwise entitled under this Article 9.0, the Provider hereby agrees that the Client shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place and stead, of such Client Indemnitee to the same extent as if the Indemnifiable Loss upon which such claim is based had been incurred by the Client directly and for its own account. 8.2 Indemnification by the Client in favour of the Provider. (a) The Client shall, and does hereby, indemnify, defend and hold harmless the Provider and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a “Provider Indemnitee”) from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”) which may be asserted against or suffered by each Provider Indemnitee relating to, or in connection with, or resulting from or arising out of any breach of this Agreement by the Client. For greater certainty, in the event of contributory negligence or other fault of a Provider Indemnitee, such Provider Indemnitee shall only be indemnified hereunder in the proportion that the Provider Indemnitee’s negligence or fault did not contribute to the Indemnifiable Loss in respect of which indemnity is then being sought. (b) The Provider shall, for all purposes, be deemed to hold the provisions of subsection 9.2(a) hereof that are for the benefit of the Provider Indemnitees that are not a party to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Provider Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is 12 166 otherwise entitled under this Article 9.0, the Client hereby agrees that the Provider shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place and stead, of such Provider Indemnitee to the same extent as if the Indemnifiable Loss upon which such claim is based had been incurred by the Provider directly and for its own account. 8.3 Indemnification Procedure. (a) If a Person entitled to indemnity under Section 9.1 or Section 9.2 hereof (such Person being sometimes referred to in this Section 9.3 as the “Indemnified Party”) wishes to assert a claim for indemnity against a Person liable to it under Section 9.1 or Section 9.2 hereof (such liable Person(s) being sometimes referred to in this Section 9.3 as the “Indemnifier”), it can only do so by giving a notice in writing (a “Claim Notice”) to the Indemnifier as soon as is reasonably practicable, which Claim Notice must provide reasonable particulars of the details of the Indemnifiable Loss for which indemnity is then being sought and the amount thereof, such amount being herein called the “Indemnity Amount”. (b) The Indemnifier shall have the period of twenty one (21) days following its receipt of such Claim Notice (such period being herein called the “Cure Period”) in which to cure or rectify, at its sole cost, the matters for which indemnity is being sought, as specified in such Claim Notice, and the Indemnifier shall forthwith do all that is reasonably within its power to do so as to cause or effect such cure or rectification; and, if the matter for which indemnity is sought: (i) has been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, on or prior to the expiration of the Cure Period, the Indemnifier shall have no further liability to the Indemnified Party in respect thereof; or (ii) has not been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, prior to the expiration of the Cure Period, the Indemnifier shall, forthwith upon the expiration of the Cure Period, pay to the Indemnified Party the amount payable in respect of that matter pursuant to this Article 9.0. 13 167 9.0 REMEDIES FOR BREACH 9.1 Application for Court Order. If a party hereto is in breach of or in default under this Agreement, the other party hereto (if itself is not in breach of or in default under this Agreement) shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the party hereto in breach/default from continuing the activity causing the breach/default and/or for an order to specifically enforce the terms of this Agreement so breached/defaulted. 10.0 DISPUTE RESOLUTION 10.1 Parties to try to Resolve Dispute. In the event of a dispute regarding this Agreement, the parties shall attempt, in good faith, to resolve such dispute amicably and promptly within thirty (30) Business Days through the appointment, if required, of a senior representative of each party hereto. 10.2 Arbitration. (a) If pursuant to Section 11.1 hereof, the parties hereto cannot come to a resolution of their dispute within the period of ten (10) Business Days therein referred to, then such dispute shall be submitted to arbitration conducted pursuant to the Arbitration Act, 1991 (Ontario), as then in effect and to the extent not inconsistent with the provisions herein specified. (b) Such arbitration shall be held in Southwestern Ontario and the dispute shall be heard by one arbitrator who has not previously been employed by either party or by any of its affiliates, who does not have a direct or indirect interest in either party or any of its affiliates, who is disinterested in the subject matter and who has expertise and experience in dealing with matters comparable to the subject matter of the dispute. Such arbitrator shall either be mutually agreed by the parties within ten (10) calendar days after agreeing to arbitration, or failing agreement, shall be selected under the rules of the Arbitration Act, 1991 (Ontario). (c) The judgment rendered by the arbitrator may be enforced in any court of competent jurisdiction. All costs of the arbitration shall be paid equally by the parties, unless the award shall specify a different division of the costs. Each 14 168 party shall be responsible for its own expenses, including counsel fees unless the award shall specify differently. Both parties shall be afforded adequate opportunity to present information in support of its position on the dispute being arbitrated. The arbitrator may also request additional information from the parties. (d) Should the parties commence arbitration pursuant to this Section 11.2, the following rules shall apply: (i) the arbitrator shall be bound by the terms of this Agreement and may not detract from or add to its terms; (ii) the parties hereto may by mutual written agreement specify the rules that are to govern the arbitration proceedings and limit the matters to be considered thereat; and (iii) the findings and award of the arbitrator shall be final and conclusive and shall be binding upon the parties hereto and shall not be subject to appeal. (e) Subject to Section 10.1 hereof, each of the parties hereto agrees that it shall not bring a lawsuit concerning any dispute covered by the arbitration provisions of this Section 11.2. 11.0 NOTICES 11.1 All notices and communications sought or, by the terms hereof, required to be given by one party hereto to another shall be given in writing by personal delivery (which delivery may be effected by depositing the notice or communication in question with a responsible courier service for delivery (courier charges fully prepaid) to the addressee thereof), by registered/certified mail (postage fully prepaid) mailed from anywhere within the United States or Canada, or by telecopier, delivered, addressed or telecopier to such other party at the address/telecopier number specified for such party in Schedule "A" annexed hereto (or at such other address and/or telecopier number as may be given by a party hereto to the other by notice in writing from time to time) and such notices or communications shall be deemed to have been received, if sent by personal delivery, upon delivery, if transmitted by telecopier, upon the completion of its 15 169 transmission or, if sent by registered or certified mail, four days following the day of the mailing thereof; provided that, if any such notice or communication shall have been mailed and if regular mail service shall be interrupted by strikes or other irregularities, such notice or communication shall be deemed to have been received four (4) days following the resumption of normal mail service. 12.0 GENERAL CONTRACT PROVISIONS 12.1 No Amendment. This Agreement shall not be amended, superseded or cancelled except by a written instrument signed by all of the parties hereto and any instrument purporting to amend, supersede or cancel this Agreement or any part hereof shall not be binding and shall be of no effect unless and until it has been executed and delivered by all of the parties hereto. 12.2 Assignment of Agreement and Inurement. No party to this Agreement may assign its interest in this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective successors and permitted assigns. 12.3 Authority. Each party hereto represents and warrants to the other party hereto that it has the requisite power and authority to enter into and perform the terms of this Agreement and that it has done and will continue to do all things necessary so that this Agreement will be valid, binding and legally enforceable upon it. 12.4 Business Day. As used in this Agreement, "Business Day" means any day, other than a day that is a Saturday, a Sunday or any other day that is a statutory holiday under the laws of the Province of Ontario or Canada. 12.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original or faxed form and the parties adopt any signatures received by a Receiving facsimile machine as original signatures of the parties to this Agreement; provided, however, that any party providing its signature in such manner shall promptly 16 170 forward to the other party an original signed copy of this Agreement which was so faxed. 12.6 Entire Agreement. This Agreement, including the schedules hereto, constitutes the entire, full and complete agreement and understanding among the parties hereto in respect of the subject matters hereof and supersedes all prior agreements, arrangements and understandings, whether oral or written, among the parties hereto with respect thereto. There are no representations, inducements, promises, statements of intention or agreements, oral or written, among the parties hereto not embodied herein which are of any force or effect with reference to this Agreement or the subject matters hereof. 12.7 Further Assurances. Each party hereto agrees that, forthwith upon the written request of the other party hereto, the party so requested shall execute and deliver such further documents, cause such resolutions to be passed, exercise his vote and influence, and otherwise do and perform and cause to be done and performed any and all such further acts and things as are within his reasonable power to do and as are reasonably necessary or desirable in order to give full effect to each and every part of this Agreement and the matters herein provided for. 12.8 Independent Legal Advice. The parties acknowledge and agree that they have both had the opportunity to seek and obtain independent legal advice in respect of this Agreement, and the parties hereto acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution and delivery. 12.9 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Except as otherwise set forth herein, the parties hereto shall submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute arising under this Agreement. 12.10 No Partnership. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties hereto partners in the conduct of any business or otherwise. 17 171 12.11 Severability. Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction for any reason whatsoever shall, as to such jurisdiction only, be ineffective and severable from this Agreement to the extent of such invalidity, prohibition or unenforceability but such invalidity, prohibition or unenforceability shall not invalidate or otherwise affect the remaining provisions of this Agreement nor shall it affect the validity or enforceability of such provision in any other jurisdiction. 12.12 Waiver. Any party which is entitled to any right or benefit under this Agreement may, and shall be entitled and have the right to, waive any term or condition relating to the application of this Agreement in relation to any matter or transaction, provided that any such waiver shall only be effective in that particular instance and only if it is in writing signed by such party and delivered to the party to whom such waiver is directed. No failure on the part of any party to exercise, and no delay by any party in exercising, any right under this Agreement shall operate as a waiver of such right. 12.13 Number, Gender, “this Agreement”, Division of Agreement, "Person", "including" and "sole discretion". In this Agreement, the use of the singular includes the plural and vice versa; words importing gender include all genders; all verbs shall be construed as agreeing with the required word and/or pronoun; and the words “this Agreement”, “herein”, “hereof”, “hereby”, “hereto”, “hereunder” and like expressions refer to this Agreement as a whole and not to any particular part hereof, unless the context otherwise requires. The division of this Agreement into Articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. As used in this Agreement, “Person” includes a human being, a trust, a partnership (general or limited), a joint venture, a body corporate or politic, a Regulatory Authority, a limited liability company, an association and any other form of incorporated or unincorporated organization or entity; and “including” (and variations thereof) means “including without limitation” and shall not be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it. Wherever in this Agreement it is stated that a Person (including a party to this Agreement) may withhold such Person's consent (or any other matter) in its “sole discretion”, “sole discretion” shall mean such Person's “sole, absolute, arbitrary and unfettered discretion”. 18 172 12.14 Reference to Laws. Any reference in this Agreement to a statute or a provision thereof shall be construed as a reference to that statute or provision as amended, re- enacted or replaced from time to time and shall include subordinate legislation, as amended, re-enacted or replaced from time to time, made under that statute or provision thereof. 12.15 Schedules. Each Schedule shall form an integral part of, and be subject to the terms and conditions of, this Agreement. Without limiting the generality of the foregoing, unless otherwise set out in a Schedule, all capitalized terms used in a Schedule shall have the meanings given to such terms in the main body of this Agreement. 12.16 Conflict of Provisions. In the event of any conflict or inconsistency between the provisions contained in the main body of this Agreement and the provisions of any Schedule hereto, the provisions of the main body of this Agreement, and not such Schedule, shall prevail and govern to the extent of such conflict or inconsistency. 12.17 Construction Principle. The principle of construction whereby, if words of a contract are ambiguous, they should be interpreted against the author of the words and not against the other party, shall not apply. 12.18 Currency and Withholdings. All dollar amounts expressed in this Agreement are expressed in Canadian Dollars and all payments contemplated by this Agreement shall be made in Canadian funds, all of which payments shall be subject to all such withholdings and other deductions as may be required by all applicable laws and regulations. 12.19 Time of Essence. Time is and shall be of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement shall operate as a waiver of this provision. 12.20 Calculation of Time Periods. When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference date in calculating such period shall be excluded. If the last day of such period is a not a Business Day, the period in question shall end on the next Business Day. 19 173 12.21 Cumulative Remedies. Each of the parties hereto acknowledges and agrees that all remedies which it may have at law and in equity are cumulative and that the election of a party hereto to pursue any one or more remedies available to it shall not prevent it from pursuing any other remedies which may be available to it. IN WITNESS WHEREOF this Agreement has been executed by the duly authorized signatories of the parties hereto as of the date first written above. County of Oxford Per: ________________________________ Name: Peter M. Crockett. P.Eng Title: Chief Administrative Officer I have the authority to bind the Corporation Per: ________________________________ Name: Robert Walton. P.Eng. Title: Director of Public Works I have the authority to bind the Corporation Corporation of the Town of Tillsonburg Per: ________________________________ Name: Donna Wilson Title: Clerk I have the authority to bind the Corporation Per: ________________________________ Name: Stephen Molnar Title: Mayor I have the authority to bind the Corporation 20 174 SCHEDULE “A” to the Billing Agreement NOTICES 1. If to the Client, at: County of Oxford (full legal name of company) P.O. Box 1614, 21 Reeve Street (full mailing address) Woodstock, Ontario N4S 7Y3 (519) 539-9800 (telephone number) (519) 421-2207 (fax number) (contact name) CAO (position) 2. If to the Provider, at: Town of Tillsonburg (full legal name of company) 200 Broadway Street Suite 204 Tillsonburg ON N4G 5A7 (full mailing address) (519) 842-9431 (fax number) (519) 688-3009 (telephone number) CAO (contact name and/or position) 175 SCHEDULE “B” Billing Agreement SERVICES PROVIDED TO THE CLIENT 1. The Provider will keep in force for the Term of this Agreement all of the necessary insurance that a prudent person would carry and maintain in respect of the Services performed by the Provider under the terms of this Agreement including, but not limited to, commercial general liability insurance on an occurrence basis to an inclusive limit of not less than two million dollars ($2,000,000.00) per occurrence. Proof of Insurance by means of a valid Certificate of Insurance or equivalent shall be provided to the Client to confirm the above requirements. 2. The Provider shall maintain all water and wastewater accounts by providing the following services: i) Client billing of metered and flat rate water and wastewater on a monthly basis ii) collection for active and finalized accounts in accordance with the Client’s “Receivable Management” Policy iii) provide first point of contact and prepare all relevant service orders and forward to the Client or its Designate for processing iv) update water meter information in the utility related billing software v) implement and test all new rates vi) provide the first and follow-up point of customer contact for: a) final readings and notify Client’s metering agent b) dirty water and notify the Client or its Designate for processing c) rate inquiries d) high water consumption concerns in accordance with the Client’s “Water Leak Adjustment” Procedure e) requests for payment deferrals in accordance with the Client’s “Water Wastewater Payment Deferral” Procedure f) leaking water meters and notify the Client or its Designate for processing g) any miscellaneous water calls vii) reporting – monthly statistics reports in a format approved by the Client viii) provide water reports or access to water reports for consumption histories, high usage complaints, non-conforming customers and other day-to-day matters as required ix) provide, on a quarterly basis, water consumption for wastewater use statistics to the Client By-Law Enforcement Officer 22 176 x) provide, before February 28th of each year, water statistics to support reporting requirements under Ontario Regulation 450/07, Ontario Water Resources Act 3. The Client will be responsible for meter reading services and provide the data to the Provider in an electronic format. The Client will set the reading cycle independently from the electrical billing cycles and the Provider will include this information on the bill. 4. The Provider will remit to the Client monthly revenues on the 15th business day of the following month, less fees incurred for services provided, supported by an invoice supporting the services rendered. 5. The Client or its Designate will provide all services related to water meter repairs or replacements. This includes automatic meter reading (AMR) technology, touch pad installation and connections related to water meter. 6. The Provider shall send to customers one piece of communication per year (inserts to be supplied by the Client according to Provider’s specifications). All communications to be mutually agreed to. 7. The Provider will warehouse water meters and the associated radio read equipment provided by the Client or its Designate. The Client will provide minimum stock values and manufacturer specifics. The Client or its Designate will provide all materials necessary to complete service work. The Provider will collect fees for new water meters specified by the Client. The remittance of this fee will be submitted to the Client with the monthly remittances. 8. Any special billings and/or additional communications will be billed in addition to the normal fee at an amount negotiated with the Client. 9. Regular meetings between the Provider and the Client to ensure quality service is provided to the water and wastewater users in accordance with Client policy, not less than on a quarterly basis. 23 177 SCHEDULE “C” to the Billing Agreement INVOICING AND PAYMENT The Provider shall commence invoicing of the Client's customers as per this Agreement on January 1, 2016. The Provider shall invoice the Client at the end of each calendar month for the services and fees incurred. The Client shall pay for the Service as provided for in the Fee Structure Table below. The Provider will insert additional communications for the Client at a rate of $0.04 per account provided the material meets specifications of the Provider and the regular postage rate is not affected. All other communications will be at a cost recovery basis. Effective January 1, 2016, including all labour, office, hardware, software, software licensing costs, on a per bill basis, the water and wastewater billing costs shall be in accordance with the following fee structure table. Fee Structure Table: Service Period Service Fee Per Bill January 1, 2016 to December 31, 2016 * Metered Water Service Flat Rate Service $3.66 $3.09 Per Bill . *refer to section 3.3 for annual CPI adjustments Fee structure subject to negotiated change with increased utilization and participation in e- billing. Anticipated cost savings will be shared between the Client and Provider. 24 178 STAFF REPORT FINANCE Report Title: Additional Reserve Contribution Report No.: FIN 15-53 Author: Darrell Eddington Meeting Type: COUN CIL MEETING Council Date: DECEMBER 14, 2015 Attachments: 2015 PROJECTED ADDITIONAL CONTRIBUTIONS TO RESERVES RECOMMENDATIONS: THAT Council receives report FIN 15-53 Additional Reserve Contribution. AND THAT Council approves the additional estimated 2015 contribution to reserves in the amount of $317,357. EXECUTIVE SUMMARY Reserves are established by Council for future purposes that extend beyond the current fiscal year. All contributions to and from reserves must be approved by Council in the fiscal year that the transfer is to occur. Staff cannot access the use of reserves without Council approval. The majority of reserve contributions to and from reserves are established and approved by Council at the time the 2015 Business Plans and Budgets were adopted. In addition, there were reserve items approved by Council throughout 2015. However, as a result of projects being carried forward to 2016 and certain other items that need to be contributed to reserves, Council approval is required. As per the attached, there are incomplete 2015 capital projects, an amount pertaining to the Erie Shores Windfarm – Bayham Trail funding, and an amount pertaining to cash in lieu of parking for a total amount of $317,357 to be contributed to reserves. FINANCIAL IMPACT/FUNDING SOURCE N/A. 179 #1 6 4 P o l i c e H V A C - C F W D $ 1 6 , 9 0 0 #2 2 8 T h i r d S t - C F W D $ 5 , 0 0 0 #2 3 0 - C a m d o n C r t - C F W D 85 , 9 0 0 $ #2 4 0 - N o r t h S t P h a s e 2 - C F W D $ 3 9 , 0 0 0 #2 2 8 T h i r d S t - C F W D S t o r m $ 1 5 , 0 0 0 #2 3 0 - C a m d o n C r t - C F W D S t o r m $ 4 5 , 0 0 0 #3 5 1 - S w a n c e D r a i n - C F W D $ 6 2 , 0 0 0 Pa r k s - E r i e S h o r e s W i n d f a r m - B a y h a m T r a i l s $ 1 0 , 8 7 7 Ca s h i n L i e u o f p a r k i n g s p a c e s - 1 3 8 B r o a d w a y $ 3 7 , 6 8 0 To t a l 31 7 , 3 5 7 $ A d d i t i o n a l i t e m s C o n t r i b u t e d t o R e s e r v e s i n 2 0 1 5 H: \ F i n a n c e \ F i n a n c i a l P l a n s \ 2 0 1 6 \ 2 0 1 6 B u s i n e s s S u p p o r t \ 2 0 1 5 P r o j e c t e d Y e a r E n d R e s e r v e s 1 2 / 0 3 / 1 5 18 0 STAFF REPORT RECREATION, CULTURE & PARKS Title: Renewal of lease for 90 Concession St. E Report No.: RCP 15-54 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee Date: DECEMBER 14, 2015 Attachments: • Lease Extension And Amendment Agreement • Legal Opinion on Agreement RECOMMENDATION THAT Council receive Report RCP 15-54 – Renewal of lease for 90 Concession St. E for information; AND THAT Council authorize the Lease Extension and Amendment Agreement to the lease for 90 Concession St. E to the Province of Ontario for use as the Headquarters for the Oxford County Detachment of the Ontario Provincial Police for 2016-2020; AND THAT a By-law be brought forward for Council consideration. EXECUTIVE SUMMARY The lease for the OPP Headquarters at 90 Concession Street East expires on December 31, 2015. A five-year extension has been requested by the Province, at an increased gross rental rated of $23.50 per square foot. Staff recommends approval of the Lease Extension and Amending Agreement. BACKGROUND The Town of Tillsonburg owns the police station at 90 Concession Street. Since 2000, the Town has leased the property to the Province for the purposes of housing the Headquarters for the Oxford County Detachment of the Ontario Provincial Police (OPP). The property is leased on a gross rate per square foot which is fixed for the term of the Agreement. The Town is responsible for utilities, maintenance, and any payments in lieu of taxes. The initial 5-year term leased the building at a rate of $14.95 per square foot was renewed in 2006 for five years at a rate of $18.90. The current 5-year lease renewed at a rate of $20.90 in 2011 and expires on December 31, 2015. Agents from CBRE acting on behalf of the Province requested that the Town consider renewing for a further five years at the current rate as well as accept RCP 15-54 - Renewal of lease for 90 Conc 1/2 181 several other housekeeping amendments to the Agreement to bring the language into compliance with current legislation. Town staff obtained a market rate evaluation of comparable leased properties to provide context for negotiation of an increase to the rate. The study showed that the current rate of $20.90 was above average for the marketplace. In past years, the property has not been subject to payments in lieu of taxes (PILs), however for 2016 and beyond, staff have been advised by MPAC that PILs will be applied to the property. In order to secure revenue to offset this additional cost to the Town, Town staff requested that the Province consider a rate increase or to change the format of the Agreement to a net lease arrangement, so that the cost of utilities and taxes would be passed on to the Province. The CBRE representative advised that the administrative workload for landlords required on an annual basis by the Province for net lease Agreements was prohibitive. Their recommendation was to retain the gross lease format, but to include a rate increase to accommodate the PIL cost. As a result, the draft Agreement prepared by CBRE for approval by the Town and the Province includes a rate increase to $23.50 per square foot. CONSULTATION/COMMUNICATION Staff consulted with a local realtor to evaluate what the market rate is for comparable leased properties. Agents from CBRE prepared the Agreement on behalf of the Province. Town solicitors reviewed the draft. FINANCIAL IMPACT Under the new Agreement, the annual gross rental revenue for the lease is increasing from $20.90 per square foot to $23.50 per square foot, or a total increase of $32,989 per year. There is no additional increase built into the Agreement over the five-year period. COMMUNITY STRATEGIC PLAN (CSP) IMPACT No impact. RCP 15-54 - Renewal of lease for 90 Conc 2/2 182 L10767 L10767 - 90 Concession St E Tillsonburg - SOUTH REGION - LEAA - 110215.....docx03 31 THIRD LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in triplicate as of January 1, 2016. B E T W E E N: THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Landlord”) OF THE FIRST PART - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ECONOMIC DEVELOPMENT, EMPLOYMENT AND INFRASTRUCTURE (the “Tenant”) OF THE SECOND PART WHEREAS: A. By a lease dated October 1, 2000 (the “Original Lease”), the Landlord leased to Her Majesty, the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet (the “Chair”) the premises more particularly described as the entire building, comprising a rentable area of approximately twelve thousand, six hundred and eighty-eight (12,688) square feet (the “Rentable Area of the Premises”), in the building municipally known as 90 Concession Street East (the “Building”), in the Town of Tillsonburg, in the Province of Ontario, as outlined on the plan attached to the Original Lease as Schedule “B” thereto (the “Premises”) for a term of five (5) years, commencing on October 1, 2000 and expiring on September 30, 2005 (the “Original Term”), in addition to other terms and conditions as set out therein. B. Pursuant to the terms of the Original Lease, the Chair was entitled to extend the Original Term for one (1) additional term of five (5) years. C. By Order-in-Council No. 1487/2005, approved and ordered September 21, 2005, all of the powers and duties of the Chair relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister of Public Infrastructure Renewal (“MPIR”). D. MPIR exercised its first right to extend the Original Term by a Lease Extension and Amending Agreement dated October 1, 2005 (the “First Lease Extension and Amending Agreement”) with an extension term commencing on October 1, 2005 and expiring on December 31, 2010 (the “First Extension Term”), in addition to other terms and conditions as set out therein. E. Pursuant to the terms of the First Lease Extension and Amending Agreement, MPIR was entitled to extend the Original Term for three (3) additional term of five (5) years each. F. By Order-in-Council No. 1617/2008, approved and ordered September 17, 2008, all the powers and duties of MPIR relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister of Energy and Infrastructure (“MEI”). 183 - 2 - G. By Order-in-Council No. 1320/2010, approved and ordered September 15, 2010, all the powers and duties of MEI relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, are transferred and assigned to the Minister of Infrastructure (“MOI”). H. MOI exercised its first right to extend the Original Term by a second lease extension and amending agreement dated January 1, 2011 (the “Second Lease Extension and Amending Agreement”) with an extension term commencing on January 1, 2011 and expiring on December 31, 2015 (the “Second Extension Term”), in addition to other terms and conditions as set out therein. I. Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated MOI’s authorities and responsibilities with respect to real property in the name of MOI subject to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands Corporation under the Ministry of Infrastructure Act, 2011 dated June 6, 2011. J. By Order-in-Council No. 1376/2011, approved and ordered July 19, 2011, MOI shall exercise the powers and duties assigned by law to MOI or that may otherwise be assigned to or undertaken by MOI in respect of infrastructure and any other matters related to MOI’s portfolio. K. By Order-in-Council No. 219/2015, approved and ordered February 18, 2015, all the powers and duties of MOI under Order-in-Council No. 1376/2011 relating to infrastructure and real property matters of the Government of Ontario are assigned and transferred to the Minister of Economic Development, Employment and Infrastructure. L. The Tenant has now exercised its second right to extend the Original Term in accordance with the terms of the Original Lease, as amended and extended, with a third extension term commencing on January 1, 2016 and expiring on December 31, 2020 (the “Third Extension Term”), in addition to other terms and conditions as set out herein. M. The Original Lease, as amended and extended, provides that any extensions shall be upon the same terms and conditions of the Original Lease, as amended and extended, except for the amount of the Annual Rent, which shall be determined by mutual agreement. N. The Landlord and the Tenant have agreed on the amount of the Annual Rent for the Third Extension Term. O. The Original Lease, the First Lease Extension and Amending Agreement, the Second Lease Extension and Amending Agreement and this third lease extension and amending agreement (the “Third Lease Extension and Amending Agreement”) are hereinafter collectively referred to as the “Lease”, except as specifically set out herein. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto agree as follows: 1. CONFIRMATION OF RECITALS The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. EXTENSION OF LEASE The parties hereto agree that: (a) The Lease is hereby extended for the Third Extension Term. (b) The Third Extension Term shall commence on January 1, 2016 and expire on December 31, 2020. 3. RENT FOR THE THIRD EXTENSION TERM (a) The Annual Rent payable for the Third Extension Term shall be Two Hundred Ninety- Eight Thousand, One Hundred Sixty-Eight Dollars ($298,168.00) per annum (based on a 184 - 3 - rate of Twenty-Three Dollars and Fifty Cents ($23.50) per square foot of the Rentable Area of the Premises per annum), payable in equal monthly instalments of Twenty-Four Thousand, Eight Hundred Forty-Seven Dollars and Thirty-Three Cents ($24,847.33), each on the first day of each month during the Third Extension Term, the first of such monthly instalments to be due and payable on January 1, 2016. 4. AMENDMENT OF LEASE The extension contemplated in Section 2 of this Third Lease Extension and Amending Agreement is subject to all the covenants and conditions contained in the Original Lease, as amended, renewed and extended from time to time, save and except that: (a) The Tenant shall pay to the Landlord all applicable Sales Taxes assessed on the Rent payable by the Tenant to the Landlord under this Lease. The Sales Taxes shall not be deemed to be Additional Rent under this Lease, but may be recovered by the Landlord as though they were Additional Rent. (b) The Landlord and the Tenant agree that the Tenant shall be granted two (2) further options to extend the term of the Lease for five (5) years each (each a “Further Extension Term”). Each Further Extension Term shall be upon the same terms and conditions of the Original Lease, as extended, renewed or amended, as the case may be, except that there shall be no further right of extension beyond the last Further Extension Term and except for the Annual Rent, which shall for each Further Extension Term be based upon: (i) the Rentable Area of the Premises, and (ii) the Market Rental as of the date which is six (6) months prior to the commencement of the respective Further Extension Term. The Annual Rent for each Further Extension Term shall be determined by mutual agreement as of the date which is six (6) months prior to the expiry of the Third Extension Term or the respective Further Extension Term, as the case may be, or failing such agreement, by arbitration in accordance with Section 6.14 of the Original Lease. The Tenant shall give written notice to the Landlord of its extension of the Lease at least six (6) months prior to the end of the Third Extension Term or the respective Further Extension Term, as the case may be. The Landlord and Tenant acknowledge and agree that the extension rights granted in subsection 4(b) of this Third Lease Extension and Amending Agreement shall supersede the extension rights contained in the First Lease Extension and Amending Agreement and the extension rights contained in the First Lease Extension and Amending Agreement shall be of no further force and effect. (c) The Original Lease is amended as follows: (i) Paragraph (g) of the Summary, as amended, is deleted in its entirety and replaced with the following address for the Tenant for the purposes of delivering notices in accordance with Section 6.17 of the Original Lease: Ontario Infrastructure and Lands Corporation One Stone Road West, 4th Floor Guelph, Ontario N1G 4Y2 Attention: Vice President, Asset Management Fax: (519) 826-3330 With a copy to: Ontario Infrastructure and Lands Corporation 777 Bay Street, Suite 900 Toronto, Ontario M5G 2C8 Attention: Director, Legal Services (Real Estate and Leasing) Fax: (416) 326-2854 And an additional copy to: CBRE Limited 185 - 4 - Global Corporate Services 18 King Street East, Suite 1100 Toronto, Ontario M5C 1C4 Attention: Director, Lease Administration – Ontario Infrastructure and Lands Corporation Fax: (416) 775-3989 (d) The Landlord agrees that upon the request of the Tenant, the Landlord, and any Person hired by the Landlord: (i) to do work on the Premises; or (ii) who requires access to the Premises to do any work, whether to the Premises or otherwise, shall undergo security screening checks in compliance with Ontario Government policies. The Landlord further agrees that any Person hired by the Landlord to supply janitorial services to the Building shall be reputable and all of its employees shall be bonded. (e) All sections, clauses or provisions of the Lease which obligate the Tenant to pay interest to the Landlord for any reason whatsoever are hereby amended to delete the obligation of the Tenant to pay interest to the Landlord, in order to conform with the Tenant’s obligation to comply with the Financial Administration Act, R.S.O. 1990, c.F.12, as amended. 5. GENERAL (a) The Landlord and the Tenant hereby mutually covenant and agree that during the Third Extension Term they shall perform and observe all of the covenants, provisos and obligations on their respective parts to be performed pursuant to the terms of the Lease, as amended and extended hereby. (b) The Lease shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, subject to the express restrictions contained therein. (c) The Landlord and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, and representatives shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Tenant, with the Lease or the exercise of any of the rights or obligations of the Landlord hereunder. The Landlord shall disclose to the Tenant in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a “conflict of interest” means, in relation to the performance of its contractual obligations pursuant to the Lease, the Landlord’s other commitments, relationships or financial interests (a) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (b) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to the Lease. (d) Capitalized expressions used herein, unless separately defined herein, have the same meaning as defined in the Lease, as amended and extended. (e) The provisions of this Third Lease Extension and Amending Agreement shall be interpreted and governed by the laws of the Province of Ontario. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 186 - 5 - (f) The Landlord acknowledges and agrees that the commercial and financial information in this Third Lease Extension and Amending Agreement is subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended. EXECUTED by each of the parties hereto under seal on the date written below. SIGNED, SEALED AND DELIVERED Dated this ___day of ____________, 20__. THE CORPORATION OF THE TOWN OF TILLSONBURG Per: _____________________________ Name: Title: Authorized Signing Officer Per: _____________________________ Name: Title: Authorized Signing Officer Dated this ___day of ____________, 20__. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ECONOMIC DEVELOPMENT, EMPLOYMENT AND INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: _____________________________ Name: Title: Authorized Signing Officer 187 188 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution Moved By: Mike Cerna Seconded By: Michael Kadey THAT the Agenda for the Committee meeting of September 09, 2015, 2015, be adopted. 3. Disclosure of Pecuniary Interest There were no disclosures of pecuniary interest declared. 4. Minutes from the Previous Meeting Proposed Resolution Moved By: Michale Kadey Seconded By: Mike Cerna THAT the Minutes of the Committee meeting of June 3, 2015, as amended, be received. 5. General Business and Reports 5.1. Terms of Reference Tricia Smith, Deputy Clerk made mention that Council is currently requesting that Committees of Council review their Terms of Reference for the coming year. She will circulate a copy of the 2013-2014 Terms of Reference to the committee for review and comments can be received at the December 02, 2015 meeting of the Accessibility Advisory Committee. The Corporation of the Town of Tillsonburg Accessibility Advisory Committee September 9, 2015 3:30 p.m. Annex Boardroom 200 Broadway, Tillsonburg MINUTES 189 Council Meeting – Minutes - 2 - 6. Correspondence 6.1. Tricia made note that the Association of Municipal Clerks & Treasurers of Ontario (AMCTO) accepted nominations for Accessibility Champions as part of the AODA 10th Anniversary celebrations until August 28, 2015. The one-time award will recognize individuals who demonstrate leadership in accessibility and disability issues. Councillor Stephenson indicated that a new Awards Committee has been established by the Town of Tillsonburg. Under this new program, the Accessibility Advisory Committee is welcome to submit a nomination in recognition of an individual who has demonstrated an outstanding level of service in the assistance of a person with a disability. 6.2. The Oxford County Accessibility Advisory Committee has extended an invitation to Accessibility Advisory Committees within the County to attend an upcoming meeting on Thursday, October 15, 2015 at the County Administration Building. The meeting will include a presentation by Alfred Spencer, Executive Outreach Director from the Accessibility Directorate of Ontario, which will highlight the progress the province has taken towards the goal of a barrier-free Ontario by 2025. Attendees are also invited to share and celebrate their accessible success stories during the event. The registration deadline is September 15, 2015. 7. Other Business The Accessibility Advisory Committee would like to place a reminder in the minutes for the September 09, 2015 meeting regarding the resolution passed at the June 03, 2015 meeting which recommends Council requests staff to investigate the costs of Audio Traffic Signals in the Town of Tillsonburg, and that those costs be considered during the 2016 budget deliberations. 8. Next meeting The next meeting of the Accessibility Advisory Committee will be December 02, 2015. 9. Adjournment Proposed Resolution Moved By: Michael Kadey Seconded By: Mike Cerna THAT the September 09, 2015 meeting be adjourned at 4:35 p.m. 190 = Attendance: Henry Atkinson, Euclid Benoit, Andre Brisson, Mel Getty, Geoffrey Lee, Rick Lee, John Prno, Donna Scanlan, Jeremy Stockmans, Richard Van Maele Staff: Cephas Panschow Regrets: Valerie Durston, Annette Murray, Chris Rosehart 1. Call to Order The meeting was called to order by Chair Benoit at 7:00 pm. John Prno acted as Secretary for the meeting. 2. Adoption of Agenda Moved By: Richard Van Maele Seconded By: Jeremy Stockmans Proposed Resolution THAT the Agenda as prepared for the Committee meeting of October 8, 2015, be adopted. Carried 3. Disclosure of Pecuniary Interest None Declared 4. Approval of previous minutes Moved By: Andre Brisson Seconded By: Mel Getty Proposed Resolution THAT the minutes for the September 10, 2015 meeting be approved. Carried 5. Presentations and Deputations None 6. General Business and Reports 6.1. Business Arising 6.1.1. AMO Business Hanger Update The Corporation of the Town of Tillsonburg Airport Advisory Committee 08/10/2015 7:00 pm Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford Minutes 191 Committee Meeting – Minutes - 2 - Cephus Panschow thanked the Committee for indulging staff on short notice with an e- mail discussion prior to the hanger proposal going to Council. A majority of committee members were available to respond and supported the split power and hanger location proposed. The hanger report was approved by Council on September 28, 2015, although no commitment was made on the related taxiway construction date. 6.1.2. Taxiway Rehabilitation Update Cephus Panschow reported that the Taxiway Rehabilitation project is being postponed until 2016 due to higher than anticipated pricing being received from the Contractor. It is expected that when combined with the Town’s general asphalt tender next year, the project pricing will be more reasonable. 6.2. New Business 6.2.1. Review of Excess Lands Map In response to a question raised by Jeremy Stockmans at the last Committee meeting, Cephus Panschow reviewed the airport lands map, and identified the various parcels of agricultural land on the property. Various parcels were discussed for possible future sale. A lengthy discussion took place about the existing capital plan being contingent on revenue from the sale of agricultural land. The committee members expressed concern about selling assets resulting in only short term gain, and wanted to examine other revenue generating options. Moved By: Mel Getty Seconded By: Andre Brisson Proposed Resolution THAT the Airport Advisory Committee is in favour of leasing agricultural land to maintain ongoing revenues, instead of selling it at this point in time. Carried 6.2.2. Airport Capital Budget Review The existing Airport 5 Year Capital Plan was reviewed. Given the pending nature of the Airport Master Plan, only two items will move forward to the 2016 Budget, i.e., the Taxiway Rehabilitation postponed from 2015; and the Hydro Primary Metering project, for which a business case is still being developed. Staff will return with details at a future meeting. 7. Correspondence None 8. Other Business None 192 Committee Meeting – Minutes - 3 - 9. Next meeting 7:00 pm, Thursday November 19, 2015, with the meeting to be utilized for a brainstorming session regarding potential revenue generating possibilities. 10. Adjournment Moved By: Henry Atkinson Proposed Resolution THAT the October 8, 2015 meeting be adjourned at 8:30 pm. 193 = Attendance: Charles Baldwin, Paul DeCloet, Penny Esseltine, Robert Marsden, Sue Saelens, Marian Smith, Paul Wareing, Janet Wilkinson Regrets and Absent: Ken Butcher, Rick Cox, Corey Hill, Trisha Smith, Maurice Verhoeve 1. Call to Order: The meeting was called to order at 9:00 a.m. by Robert Marsden. 2. Adoption of Agenda Moved By: S. Saelens Seconded By: P. Wareing Proposed Resolution: THAT the Agenda as prepared for the Committee meeting of October 1, 2015 be adopted with additions and changes. Carried 3. Disclosure of Pecuniary Interest: None 4. Approval of previous minutes Moved By: P. Esseltine Seconded By: J. Wilkinson Proposed Resolution THAT the minutes for the October 1, 2015 meeting be approved. Carried 5. Presentations and Deputations: 6. General Business and Reports: a) Terms of Reference – document was reviewed and it was decided to remove Goals from the body of the Terms and place them as an Addendum. The Terms of Reference do not change but the Goals do. Suggestions will be returned to Trish Smith for revision and correction. The Goals will be reviewed and approved at the next meeting. b) Update on Tulip Garden planting – no report. Event is Saturday, Nov. 7 at the Cemetery. c) Littering – S. Saelens requested a re-visit on the issue of cigarette butts and trash in the downtown. This had been discussed in previous meetings and the rental of a vacuum was to be investigated. It was also suggested that more garbage containers are needed on the streets. R. Marsden is check with Rick about the possibility of vacuuming and installing more garbage containers. As well, a discussion took place about the leaf pickup procedure in the Town. Residents rake large piles of leaves into the street where cars and/or wind blows them around the streets. This not only looks unkempt but can be a danger to traffic. No action or decision was made with this issue. 7. Correspondence: None 8. Other Business: a) M. Smith presented the information on 2016 Grant Applications and it was decided to send a request to Council for consideration. M. Smith is to compose the letter and forward to the Chair for approval prior to sending to the Deputy Clerk. The Corporation of the Town of Tillsonburg Heritage, Beautification & Cemetery Advisory Committee November 5, 2015 9:00 a.m. Marwood Lounge Tillsonburg Community Centre Minutes 194 Heritage, Beautification & Cemetery Advisory Meeting – Minutes - 2 - Moved By: M. Smith Seconded By: P. DeCl;oet Proposed Resolution: THAT an application letter be sent to Council to request a grant of $5,000 to be used for the Beautification and Keep Tillsonburg Beautiful sub-committees. Carried b) Beautification sub-committee report - P. Esseltine reported on the first meeting of the sub- committee to deal with beautification in the downtown. There is good representation from all the partners and three more meetings are planned before Christmas. c) R. Marsden presented a tree report prepared by an arborist about the health of several old trees at Annandale National Historic Site. There are two tamarack, a butternut and a tulip tree included in the report. Charles and Paul DeCloet were asked to review the report and bring their findings back to the next meeting. d) Cenotaph – black marble plaque has been installed on the cenotaph honouring men and women who were killed in action in the two World Wars. e) There was discussion about the proposed development in the lot north of Kelseys as to whether it was appropriate for the space and fit with the vision for the downtown. P. Esseltine assured the meeting that the developer followed all the guidelines so the only issue is with the lack of parking spaces for the size of the building. No decision or action required by this committee. 9. Next meeting: November 5, 2015 at 9:00 a.m. in the Marwood Lounge. 10. Adjournment Moved By: J. Wilkinson Proposed Resolution: THAT the November 5, 2015 meeting be adjourned at 9:50 a.m. Carried 195 Town of Tillsonburg Beautification Working Group Report from the meeting of October 29, 2015 1. Attending: Christine Nagy, Matt Fenn, Corey Hill, Paul DeCloet, Sue Saelens, Virginia Armstrong, Penny Esseltine, Wendy Cameron, John Kirkland. Regrets: Marian Smith 2. Background information regarding Beautification Working Group It was noted that this Beautification Working Group is a sub-committee of the Town of Tillsonburg Heritage, Beautification and Cemetery Committee and its formation comes from a resolution made at their meeting of October 1 that reads, “That a working group partnership of Tillsonburg Horticultural Society, Tillsonburg BIA, Garden Gate and the Town of Tillsonburg be formed to plan, design and implement a town-wide beautification project. The Heritage, Beautification and Cemetery Committee’s resolution came following a presentation/delegation by Tillsonburg Horticultural Society executive member Christine Nagy who has been working with the BIA on downtown beautification for several years. Christine outlined the “spotty at best” Broadway beautification efforts of the past three years and noted that these efforts require additional town-wide investment in terms of human and financial resources. 3. Purpose/Mandate of Beautification Working Group A draft purpose/mandate for the working group was presented and approved by the sub-committee. It reads as follows: The Town of Tillsonburg Beautification Working Group is a sub-committee of the Heritage, Beautification and Cemetery Committee and acts in an advisory capacity to that committee. The working group will: • Develop strategies for the beautification of public spaces, commercial, and residential neighbourhoods, and entrance gateways to the Town of Tillsonburg including landscaping, streetscaping and possibly banners and seasonal decorations. • Make recommendations to the Heritage, Beautification and Cemetery Committee for an overall vision of the above • Develop and recommend a budget and implementation plan for the above • Develop and recommend an annual operational timeline for the above • Foster civic pride, environmental protection and beautification through community participation. • Organize and participate in new beautification and improvement projects such as but not limited to tree planting and spring clean-up 4. Working Group Composition The composition of the Beautification working Group will be as follows: • Heritage, Beautification and Cemetery Committee (3): Marian Smith, Susan Saelens, Paul DeCloet • BIA (Business Improvement Area) Board (3): Virginia Armstrong, John Kirkland, Wendy Cameron • Tillsonburg Horticultural Society (1): Christine Nagy • Professional Resource Person (1): Matthew Fenn, Tillsonburg Garden Gate • Tillsonburg Council (1): Penny Esseltine 196 • Staff Resource (1): Corey Hill 5. Regular Meeting Day and Time The Beautification Working Group will meet on Thursday mornings starting at 9:00 a.m. The plan is to meet monthly however for the remainder of 2015 the meeting dates are scheduled as follows: - Thursday, November 12, 9:00 a.m. - Thursday, November 26, 9:00 a.m. - Thursday, December 10, 9:00 a.m. 6. Nomination of Chair, Vice-Chair, and Recorder The following persons accepted committee roles as follows: Chair: Christine Nagy Vice-Chair: John Kirkland Recorder: Wendy Cameron 7. Round Table Several opportunities were available during the meeting for those attending to address their expectations of the group. Some of the comments are as follows: • Need to work toward a three to five year plan starting with Broadway and extending to the side streets with professional expertise for maximum impact (Christine) • There is a potential for this to be a stand-alone Town of Tillsonburg committee (Paul) • This group should reference the Central Area Design Study with its comments on façade improvement, green space, connections to walking trails, etc. With the Horticultural Society being a non-profit there is potential for grant applications. The BIA is funded by tax levy and their specific mandate relates to the downtown core. (John) • The scope of the committee is important. It needs to consider entrances, gateways and other areas and not be limited to just the core. There may be budget implications to consider. (Cory) • Information from conferences in Ontario and even the U.S. may help with vision for projects. (Virginia) • Dollars may be an issue. We can potentially look to student volunteer hours, and volunteers or donations of dollars or materials from local companies. (Wendy) • We need to get the community behind beautification projects starting with the downtown and working out way out. (Sue) • This town could look like Stratford or Chicago. We would need to follow through to make sure beautification efforts are continually well-managed and cared for. (Matt) • Beautification in the downtown core is important for the BIA but it’s also important for the entire community. (Penny) • One of the positive comments most commonly heard about downtown beautification efforts is how great the trees look when they are lit up at night. (John) 8. Date of Next Meeting Thursday, November 12, 2015, 9:00 a.m., Marwood Lounge Focus: Refining expectations for Years 1, 2, and 3 and consideration of successful beautification projects in other communities. Bring photos if available. 197 = Attendance Present: Chair Ann Loker, Councillor Brian Stephenson, Mary Anne VanGeertruyde, Sam Lamb Regrets: Mayor Stephen Molnar Staff: Lana Lund 1. Call to Order - 2:03pm 2. Adoption of Agenda Moved By: S.Lamb Seconded By: M.VanGeertruyde Resolution THAT the Agenda as prepared for the Committee meeting of November 4, 2015, be adopted, with the following addition: 6. Other business - Volunteers Under Age 16 ‘Carried’ 3. Disclosure of Pecuniary Interest None 4. Approval of Previous Minutes Moved By: M.VanGeertruyde Seconded By: B.Stephenson Resolution THAT the Committee Minutes for the September 16, 2015 meeting be approved. ‘Carried’ The Corporation of the Town of Tillsonburg Special Awards Committee November 4, 2015 2:00pm Annex Board Room, Corporate Office 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 198 Council Meeting – Agenda - 2 - 5. General Business and Reports i) 2016 Budget Request a) Correspondence dated October 8, 2015 to Director of Finance Chair Loker has submitted the 2016 Budget request to the Director of Finance, and will attend the Budget Meeting before Council to present the request. L.Lund to follow-up with the Director to confirm date/time of the meeting. The Director has confirmed the availability of funds to purchase two gift cards in 2015, for the two volunteers that will be recognized. ii) Review of Redesigned Forms – Volunteer Achievement Awards a) Brochure/Nomination Form The Committee reviewed the redesigned brochure, including nomination form. Moved by B.Stephenson Seconded by M.VanGeertruyde THAT the redesigned ‘Volunteer Achievement Awards’ brochure and nomination form be approved. ‘Carried’ This brochure and nomination form to be used going forward, for the purpose of nominating volunteers. b) Certificate The Committee reviewed the redesigned certificate. Moved by B.Stephenson Seconded by M.VanGeertruyde THAT the redesigned ‘Volunteer Achievement Award’ certificate be approved. ‘Carried’ L.Lund to purchase a supply of black frames and seals, to be used with the certificates. 199 Council Meeting – Agenda - 3 - iii) Roll-out of Brochure and Discussions with Groups Once someone is nominated, we will prepare a bio for presentation purposes so there is appropriate recognition, which will also promote various causes that could use help through volunteers. It would be ideal if we had groups nominating individuals. L.Lund to draft an introductory letter, and a mailout can be done to service clubs. A Committee member can follow-up with them to see if they have any questions, and Committee members can coach people in filling out forms. Since the new form is smaller, we will keep to bullet point style. The mailout will be done following the November 23rd recognition. It was noted that a ‘Volunteer’ must not be getting paid or receiving a stipend for the volunteer work they are being recognized for. iv) Review of Suggested Nominations and Scheduling of Awards Members of the Committee brought forward their nominations. L.Lund recorded them, 10 in total. Dianne Hodges was selected, for recognition at the November 23rd Council Meeting. L.Lund to contact Dianne, arrange through the Clerk’s Office for recognition at the Council Meeting, prepare a bio, prepare a certificate, arrange for a gift card, and arrange for a photo, which will appear in the following Tillsonburg Update ad. There will be 12 nominees per year. Discussion was held regarding selection of 1 of the 12 at the end of the year, and perhaps recognizing that individual at an annual event, i.e. at the Chamber’s annual Citizen of the Year recognition event. As the normal process, once a nominee is selected, - L.Lund to contact the nominee and the sponsor, and schedule recognition for the 2nd Council Meeting of the month; - L.Lund to advise the Clerk’s Office, to include on the Council Agenda; - L.Lund to prepare a certificate and arrange for a gift card; 200 Council Meeting – Agenda - 4 - - Mayor Molnar and a Committee Member to present; - A photo to be taken of the presentation, which will appear in the weekly Tillsonburg Update ad. 6. Other Business S.Lamb noted concerns with the cost of police checks that are often required. Young people, volunteering their time to help with youth activities, may not have the funds to pay for the required checks. 7. Next meeting – December 2, 2015 at 4:00pm in the Annex Board Room, Corporate Office. Scheduling of regular/monthly Special Awards Committee meetings was altered to accommodate other meetings being attended by members of the Committee. 8. Adjournment Moved By: B.Stephenson Resolution THAT the November 4, 2015 meeting be adjourned at 2:50pm. ‘Carried’ 201 = Attendance Present: Marty Klein, Andrew Gilvesy, Rick Strouth, John Veldman Staff: David Calder, Lana Lund Regrets: Mayor Stephen Molnar, Councillor Penny Esseltine 1. Call to Order - 4:03pm 2. Adoption of Agenda Moved By: J.Veldman Seconded By: A.Gilvesy Resolution THAT the Agenda as prepared for the Committee meeting of November 10, 2015, be adopted. ‘Carried’ 3. Disclosure of Pecuniary Interest None 4. Approval of Previous Minutes Moved By: A.Gilvesy Seconded By: J.Veldman Resolution THAT the Minutes for the October 22, 2015 meeting be approved. ‘Carried’ 5. General Business and Reports i) Consulting Services to Conduct a Space Needs Analysis a) RFP-15-013 b) Addendum #1 to RFP-15-013 c) Evaluation Matrix d) In Design Bid Submission e) KNY Architects Bid Submission The Corporation of the Town of Tillsonburg Town Hall Project Steering Committee November 10, 2015 4:00pm Annex Board Room, Corporate Office 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 202 Council Meeting – Agenda - 2 - f) Lundholm Bid Submission g) Mayhew Bid Submission h) Nicholson Scheffield CAO, D.Calder, spoke to Agenda items 5 i)a-g. He noted the closing date for the RFP was October 29th, and Committee members have been provided with the RFP, Addendum, submitted bids, as well as the Evaluation Matrix which the Town has been using for larger tenders. Committee members were given an opportunity to review the attached documents, and another meeting will be scheduled in a few days. 6. Round Table 7. Next meeting – To be confirmed , approximately 1 week. 8. Adjournment Moved By: R.Strouth Resolution THAT the November 10, 2015 meeting be adjourned at 4:25pm. 203 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - November 4, 2015 (as approved at the Board of Directors Meeting held December 2, 2015) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and Tom Southwick Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, L. Minshall and D. McLachlan Absent: Robert Chambers, Craig Grice and John Scholten The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, November 4th, 2015 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS As follow-up, the GM noted that Black Creek has not yet been gated but the posts for the gate have been installed. MOTION A-136/15 moved: R. Geysens seconded: L. Bartlett THAT the minutes of the LPRCA Board of Directors Regular Meeting held October 7th, 2015 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None 204 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - CORRESPONDENCE Member Bartlett invited further input from the Board regarding the Conservation Authorities Act Review letter sent by Haldimand County. MOTION A-137/15 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors receives the correspondence as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved eight applications since the last meeting in September: LPRCA- 132/15, LPRCA-133/15, LPRCA-134/15, LPRCA-135/15, LPRCA-136/15, LPRCA- 140/15, LPRCA-141/15 and LPRCA-142/15. Further detail was provided on LP- 93/15 and LP-103/15. Staff explained that a roof replacement within a regulated area is included in the current regulations. MOTION A-138/15 moved: D. Hayes seconded: T. Southwick That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED b) New Applications The Planning Department sought approval for two applications. Staff was requested to provide further detail on LPRCA-143/15. MOTION A-139/15 moved: R. Geysens seconded: N. Haydt THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-138/15 205 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3 - LPRCA-143/15 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW There are no events scheduled this month. On November 23rd, staff will be participating in the second Eco-System Stresses Workshops held at Backus Heritage Conservation Area. The first workshop identified the top ten stressors for Long Point and this follow-up workshop includes the same 30 to 40 agencies that will be identifying steps that can be taken to reduce these stressors. Tomorrow it will be announced that the Minister of Environment and Climate Change has approved the Long Point Region Source Protection Plan. MOTION A-140/15 moved: N. Haydt seconded: D. Hayes THAT the LPRCA Board of Directors receives the November Calendar of Events Report as information. CARRIED b) GENERAL MANAGER’S REPORT The GM will be participating in an ALUS meeting tomorrow to discuss the expansion of the ALUS program across Elgin County. He is hoping an ad for a full-time Elgin County ALUS Coordinator will be released soon. The GM met with staff from the Ministry of Environment and Climate Change to discuss Source Water Protection implementation funding. MOTION A-141/15 moved: D. Hayes seconded: N. Haydt THAT the LPRCA Board of Directors receives the General Manager’s Report for October 2015 as information. CARRIED c) VITTORIA DAM SAFETY REPORT Staff introduced Soheil Kashi, Senior Water Resources Engineer, AECOM who 206 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4 - presented AECOM’s findings regarding the Vittoria Dam Safety Review. The findings concluded that the overall Hazard Potential was classified as high based on the Loss of Life & Environmental Damage downstream. Mr. Kashi reviewed AECOM’s recommendations and the next steps required in the process, including a Class Environmental Assessment (EA) to determine the best course of action. Staff will review the option of removing stop logs at this time to reduce stress on the dam. MOTION A-142/15 moved: N. Haydt seconded: R. Geysens THAT the Dam Safety Review – Vittoria Dam, prepared by AECOM and dated November, 2015 be received as information. CARRIED d) ELGIN COUNTYSHORELINE MANAGEMENT PLAN LPRCA along with three other conservation authorities, the County of Elgin and their shoreline municipalities collaborated on the Elgin County Shoreline Management Plan. The objective of the Plan is to protect life and property. The report states that erosion is unstoppable but steps can be taken to slow it down. The draft report has been vetted through the Technical Advisory Committee, the County of Elgin, the shoreline municipalities and MNRF. Once the Plan has been approved by each of the Elgin County conservation authority boards, the Shoreline Management Plan will be forwarded to Elgin County Council for approval and incorporation into the County’s Official Plan. MOTION A-143/15 moved: N. Haydt seconded: R. Geysens THAT the Elgin County Shoreline Management Final Report be adopted by the Long Point Region Conservation Authority, and THAT the Elgin County Shoreline Management Plan be incorporated into the Long Point Region Conservation Authority’s own policies for administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, Ontario Regulation 178/06 as it relates to Elgin County, and THAT the Elgin County Shoreline Management Plan be sent to the County of Elgin for adoption. CARRIED e) TIMBER TENDER – DAWES/CHAMBERS/TONTSCH TRACT Staff recommended accepting the highest bid received from L. Pilkey who has completed LPRCA timber operations in the past. The bid was well within the reserve. 207 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5 - Staff was asked how the FSC certification was affecting timber tenders. A report will be brought to the Board early next year. MOTION A-144/15 moved: D. Brunton seconded: N. Haydt THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey for marked standing timber at the Dawes/Chambers/Tontsch Tract for a total tendered price of $155,800.00. CARRIED MOTION A-145/15 moved: D. Brunton seconded: D. Beres That the LPRCA Board of Directors does now enter into an “In Camera” session to discuss: personal matters about an identifiable individual, including Conservation Authority employees; CARRIED MOTION A-146/15 moved: R Geysens seconded: T. Southwick That the LPRCA Board of Directors does now adjourn from the “In Camera” session. CARRIED MOTION A-147/15 moved: D. seconded: D. Brunton THAT the LPRCA Board of Directors approves the GM’s verbal update regarding a personnel matter as information. CARRIED The Chair adjourned the meeting at 8:20pm. _____________________________ ________________________________ Michael Columbus Dana McLachlan Chair Administrative Assistant 208 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3968 A BY-LAW to adopt the Accountability and Transparency Policy. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Accountability and Transparency Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Accountability and Transparency Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this By-Law comes into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14TH DAY OF DECEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 14TH DAY OF DECEMBER, 2015. __________________________ MAYOR – Stephen Molnar __________________________ TOWN CLERK – Donna Wilson 209 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 1 of 6 SCHEDULES 1.0 PURPOSE/ APPLICATION This policy applies to all operations within the Corporation of the Town of Tillsonburg and is prepared in accordance with Section 270 (1) 5 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. The Act requires that all municipalities adopt and maintain a policy with respect to “the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public”. The purpose of this policy is to provide guidance on how the Corporation of the Town of Tillsonburg ensures municipal matters are approached in an accountable and transparent manner. 2.0 DEFINITIONS In this policy, the terms “accountability” and “transparency” have the following meaning: Accountability: The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large. Transparency: The principle that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to examination by its stakeholders. 3.0 POLICY STATEMENT Council of the Town of Tillsonburg acknowledges that it is responsible to provide good government for its stakeholders in an accountable and transparent manner, guided by the following principles: 1. Encouraging public access and participation to ensure that decision making is responsive to the needs of its constituents and receptive to their opinions; 2. Delivering high quality services to our citizens; and 3. Promoting the efficient use of public resources. 210 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 2 of 6 SCHEDULES Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the municipality adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the municipality will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public. 4.0 CORPORATE VALUES As part of the Tillsonburg vision in the Communtiy Strategic Plan, the Town has adopted the following corporate core values: strong leadership, effective communication and accountability. Through implementing this plan the Town shall continue to promote accountability and transparency. The following strategic issues form the basis of the Town’s Community Strategic Plan. • Excellence in Local Government • Economic Sustainability • Demographic Balance • Culture & Community EXCELLENCE IN 5. POLICY REQUIREMENTS The principles of accountability and transparency shall apply equally to the political process and decision making and to the administrative management of the municipality. Legislated Requirements The Town is accountable and transparent to its stakeholders by fulfilling various legislative responsibilities and disclosure of information, and shall conduct its business within its jurisdiction in accordance with the Provincial Statues, Ontario Regulations and any other applicable laws including but not limited to the Municipal Act, 2001, Municipal Conflict of Interest Act; Provincial Offences Act; Municipal Freedom of Information and Protection of Privacy Act; Public Health Information and Protection of Privacy Act; and Public Sector Salary Disclosure Act. 211 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 3 of 6 SCHEDULES Financial Accountability, Oversight and Reporting The Town of Tillsonburg will be open, accountable and transparent to stakeholders in its financial dealings as required under the Act and has taken a leadership approach to accountability and transparency in areas of financial accountability, oversight and reporting. Some examples of how the municipality provides such accountability and transparency are as follows: • External audit and reports • Annual published financial statements • Quarterly financial statements • Annual budget reports • Annual financial information return • Asset management • Purchasing/procurement practices • Sale of land practices and procedures • Budget process open to the public Financial policies and reserve funds include: • Reserve Policy • Purchasing Policy • Investment Policy • Cultural Grant Guidelines Performance Measures and Reporting The Town is accountable to taxpayers by using various results-orientated tools to measure progress on performance and the achievement of corporate service standards and goals. The performance measurement and reporting framework is provided by a number of different initiatives, which need to be adhered to and maintained even through changes in administrative and political leadership. 212 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 4 of 6 SCHEDULES The Town has been participating in the Municipal Performance Measurement Program (MPMP) since 2001. Various departments have been generating different types of performance reporting to meet other statutory reporting requirements and for their own internal management purposes. The primary components of performance measurement includes:  Financial Information Return (FIR)  Town of Tillsonburg Annual Budget and Business Plan Report.  Quarterly Financial Reports to Council  Town of Tillsonburg Strategic Plan Open Government The Town of Tillsonburg shall provide governance in an open manner through communication, consultation and collaboration. All policies, procedures and practices shall ensure that its operations are transparent and that mechanisms are in place to make residents aware of how decisions are made and carried out and are able to participate in the decision making process. All meetings of Council and its committees shall be open to the public when and as required under the Act, and members of the public will have an opportunity to make delegations or comments in writing on specific items at these meetings as outlined in the Town’s Procedural By-law. Council meetings are publicly advertised in advance, with the rationale for discussing matters in camera being disclosed. Town information shall be readily available to the public subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act. The following are policies, procedures and practices that ensure the Town is transparent in its operations and that its residents are not only aware of how decisions are made and carried out, but that they are able to participate as well:  Procedural By-law  Public Posting and Distribution of Council Agenda Meeting Documentation  Public Engagement Policy  Purchasing Policy 213 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 5 of 6 SCHEDULES  Sale of Land Policy  Road Naming Policy  Committees of Council Policy  Committee/Staff Liaison Policy  Records Retention By-law  Site Plan Approval Procedures Internal Accountability and Ethical Standards The Town of Tillsonburg’s administrative practices shall be in accordance with Tillsonburg’s core values outlined in this policy. Its policies and procedures shall ensure internal accountability and promote the high ethical standards of the Town. The municipality’s administrative practices ensure specific accountability on the part of its employees through the following initiatives:  Human Resources Policies and Procedures  Respect in the Workplace  Code of Conduct  Performance Management Programme  Recruitment and Selection (including the hiring of immediate relatives)  Code of Conduct for Council  Municipal Election Procedures 6.0 MONITORING/CONTRAVENTION This policy shall be reviewed within the first year of a new Council term or at such other time as may be deemed appropriate to ensure its effectiveness. The Town Clerk shall be responsible for receiving complaints and/or concerns related to this policy. 214 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY ACCOUNTABILITY AND TRANSPARENCY POLICY APPROVAL DATE: REVISION DATE: Page 6 of 6 SCHEDULES Upon receipt of a complaint and/or concern, the Town Clerk shall notify:  In the case of staff, the Department Head responsible for the areas;  In the case of a closed meeting, the Closed Meeting Investigator/Ontario Ombudsman; and  In the case of Council, the Head of Council/CAO or Integrity Commissioner. 215 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3975 A BY-LAW to authorize an agreement between The Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure WHEREAS the Town of Tillsonburg is desirous of entering into an Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure for the purpose of leasing the municipally owned building, 90 Concession Street, East for use as the Headquarters for the Oxford County Detachment of the Ontario Provincial Police. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Agreement on behalf of the Corporation of the Town of Tillsonburg. 3. THAT this By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 14th DAY OF DECEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF DECEMBER, 2015. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 216 L10767 THIRD LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in triplicate as of January 1, 2016. B E T W E E N: THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Landlord”) OF THE FIRST PART - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ECONOMIC DEVELOPMENT, EMPLOYMENT AND INFRASTRUCTURE (the “Tenant”) OF THE SECOND PART WHEREAS: A. By a lease dated October 1, 2000 (the “Original Lease”), the Landlord leased to Her Majesty, the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet (the “Chair”) the premises more particularly described as the entire building, comprising a rentable area of approximately twelve thousand, six hundred and eighty-eight (12,688) square feet (the “Rentable Area of the Premises”), in the building municipally known as 90 Concession Street East (the “Building”), in the Town of Tillsonburg, in the Province of Ontario, as outlined on the plan attached to the Original Lease as Schedule “B” thereto (the “Premises”) for a term of five (5) years, commencing on October 1, 2000 and expiring on September 30, 2005 (the “Original Term”), in addition to other terms and conditions as set out therein. B. Pursuant to the terms of the Original Lease, the Chair was entitled to extend the Original Term for one (1) additional term of five (5) years. C. By Order-in-Council No. 1487/2005, approved and ordered September 21, 2005, all of the powers and duties of the Chair relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister of Public Infrastructure Renewal (“MPIR”). D. MPIR exercised its first right to extend the Original Term by a Lease Extension and Amending Agreement dated October 1, 2005 (the “First Lease Extension and Amending Agreement”) with an extension term commencing on October 1, 2005 and expiring on December 31, 2010 (the “First Extension Term”), in addition to other terms and conditions as set out therein. E. Pursuant to the terms of the First Lease Extension and Amending Agreement, MPIR was entitled to extend the Original Term for three (3) additional term of five (5) years each. F. By Order-in-Council No. 1617/2008, approved and ordered September 17, 2008, all the powers and duties of MPIR relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister of Energy and Infrastructure (“MEI”). L10767 - 90 Concession St E, Tillsonburg03 31 217 - 2 - G. By Order-in-Council No. 1320/2010, approved and ordered September 15, 2010, all the powers and duties of MEI relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, are transferred and assigned to the Minister of Infrastructure (“MOI”). H. MOI exercised its first right to extend the Original Term by a second lease extension and amending agreement dated January 1, 2011 (the “Second Lease Extension and Amending Agreement”) with an extension term commencing on January 1, 2011 and expiring on December 31, 2015 (the “Second Extension Term”), in addition to other terms and conditions as set out therein. I. Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated MOI’s authorities and responsibilities with respect to real property in the name of MOI subject to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands Corporation under the Ministry of Infrastructure Act, 2011 dated June 6, 2011. J. By Order-in-Council No. 1376/2011, approved and ordered July 19, 2011, MOI shall exercise the powers and duties assigned by law to MOI or that may otherwise be assigned to or undertaken by MOI in respect of infrastructure and any other matters related to MOI’s portfolio. K. By Order-in-Council No. 219/2015, approved and ordered February 18, 2015, all the powers and duties of MOI under Order-in-Council No. 1376/2011 relating to infrastructure and real property matters of the Government of Ontario are assigned and transferred to the Minister of Economic Development, Employment and Infrastructure. L. The Tenant has now exercised its second right to extend the Original Term in accordance with the terms of the Original Lease, as amended and extended, with a third extension term commencing on January 1, 2016 and expiring on December 31, 2020 (the “Third Extension Term”), in addition to other terms and conditions as set out herein. M. The Original Lease, as amended and extended, provides that any extensions shall be upon the same terms and conditions of the Original Lease, as amended and extended, except for the amount of the Annual Rent, which shall be determined by mutual agreement. N. The Landlord and the Tenant have agreed on the amount of the Annual Rent for the Third Extension Term. O. The Original Lease, the First Lease Extension and Amending Agreement, the Second Lease Extension and Amending Agreement and this third lease extension and amending agreement (the “Third Lease Extension and Amending Agreement”) are hereinafter collectively referred to as the “Lease”, except as specifically set out herein. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto agree as follows: 1. CONFIRMATION OF RECITALS The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. EXTENSION OF LEASE The parties hereto agree that: (a) The Lease is hereby extended for the Third Extension Term. (b) The Third Extension Term shall commence on January 1, 2016 and expire on December 31, 2020. 3. RENT FOR THE THIRD EXTENSION TERM (a) The Annual Rent payable for the Third Extension Term shall be Two Hundred Ninety- Eight Thousand, One Hundred Sixty-Eight Dollars ($298,168.00) per annum (based on a 218 - 3 - rate of Twenty-Three Dollars and Fifty Cents ($23.50) per square foot of the Rentable Area of the Premises per annum), payable in equal monthly instalments of Twenty-Four Thousand, Eight Hundred Forty-Seven Dollars and Thirty-Three Cents ($24,847.33), each on the first day of each month during the Third Extension Term, the first of such monthly instalments to be due and payable on January 1, 2016. 4. AMENDMENT OF LEASE The extension contemplated in Section 2 of this Third Lease Extension and Amending Agreement is subject to all the covenants and conditions contained in the Original Lease, as amended, renewed and extended from time to time, save and except that: (a) The Tenant shall pay to the Landlord all applicable Sales Taxes assessed on the Rent payable by the Tenant to the Landlord under this Lease. The Sales Taxes shall not be deemed to be Additional Rent under this Lease, but may be recovered by the Landlord as though they were Additional Rent. (b) The Landlord and the Tenant agree that the Tenant shall be granted two (2) further options to extend the term of the Lease for five (5) years each (each a “Further Extension Term”). Each Further Extension Term shall be upon the same terms and conditions of the Original Lease, as extended, renewed or amended, as the case may be, except that there shall be no further right of extension beyond the last Further Extension Term and except for the Annual Rent, which shall for each Further Extension Term be based upon: (i) the Rentable Area of the Premises, and (ii) the Market Rental as of the date which is six (6) months prior to the commencement of the respective Further Extension Term. The Annual Rent for each Further Extension Term shall be determined by mutual agreement as of the date which is six (6) months prior to the expiry of the Third Extension Term or the respective Further Extension Term, as the case may be, or failing such agreement, by arbitration in accordance with Section 6.14 of the Original Lease. The Tenant shall give written notice to the Landlord of its extension of the Lease at least six (6) months prior to the end of the Third Extension Term or the respective Further Extension Term, as the case may be. The Landlord and Tenant acknowledge and agree that the extension rights granted in subsection 4(b) of this Third Lease Extension and Amending Agreement shall supersede the extension rights contained in the First Lease Extension and Amending Agreement and the extension rights contained in the First Lease Extension and Amending Agreement shall be of no further force and effect. (c) The Original Lease is amended as follows: (i) Paragraph (g) of the Summary, as amended, is deleted in its entirety and replaced with the following address for the Tenant for the purposes of delivering notices in accordance with Section 6.17 of the Original Lease: Ontario Infrastructure and Lands Corporation One Stone Road West, 4th Floor Guelph, Ontario N1G 4Y2 Attention: Vice President, Asset Management Fax: (519) 826-3330 With a copy to: Ontario Infrastructure and Lands Corporation 777 Bay Street, Suite 900 Toronto, Ontario M5G 2C8 Attention: Director, Legal Services (Real Estate and Leasing) Fax: (416) 326-2854 And an additional copy to: CBRE Limited 219 - 4 - Global Corporate Services 18 King Street East, Suite 1100 Toronto, Ontario M5C 1C4 Attention: Director, Lease Administration – Ontario Infrastructure and Lands Corporation Fax: (416) 775-3989 (d) The Landlord agrees that upon the request of the Tenant, the Landlord, and any Person hired by the Landlord: (i) to do work on the Premises; or (ii) who requires access to the Premises to do any work, whether to the Premises or otherwise, shall undergo security screening checks in compliance with Ontario Government policies. The Landlord further agrees that any Person hired by the Landlord to supply janitorial services to the Building shall be reputable and all of its employees shall be bonded. (e) All sections, clauses or provisions of the Lease which obligate the Tenant to pay interest to the Landlord for any reason whatsoever are hereby amended to delete the obligation of the Tenant to pay interest to the Landlord, in order to conform with the Tenant’s obligation to comply with the Financial Administration Act, R.S.O. 1990, c.F.12, as amended. 5. GENERAL (a) The Landlord and the Tenant hereby mutually covenant and agree that during the Third Extension Term they shall perform and observe all of the covenants, provisos and obligations on their respective parts to be performed pursuant to the terms of the Lease, as amended and extended hereby. (b) The Lease shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, subject to the express restrictions contained therein. (c) The Landlord and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, and representatives shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Tenant, with the Lease or the exercise of any of the rights or obligations of the Landlord hereunder. The Landlord shall disclose to the Tenant in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a “conflict of interest” means, in relation to the performance of its contractual obligations pursuant to the Lease, the Landlord’s other commitments, relationships or financial interests (a) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (b) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to the Lease. (d) Capitalized expressions used herein, unless separately defined herein, have the same meaning as defined in the Lease, as amended and extended. (e) The provisions of this Third Lease Extension and Amending Agreement shall be interpreted and governed by the laws of the Province of Ontario. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 220 - 5 - (f) The Landlord acknowledges and agrees that the commercial and financial information in this Third Lease Extension and Amending Agreement is subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended. EXECUTED by each of the parties hereto under seal on the date written below. SIGNED, SEALED AND DELIVERED Dated this ___day of ____________, 20__. THE CORPORATION OF THE TOWN OF TILLSONBURG Per: _____________________________ Name: Title: Authorized Signing Officer Per: _____________________________ Name: Title: Authorized Signing Officer Dated this ___day of ____________, 20__. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ECONOMIC DEVELOPMENT, EMPLOYMENT AND INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: _____________________________ Name: Title: Authorized Signing Officer 221 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3976 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE COUNTY OF OXFORD FOR WATER BILLING AGREEMENT WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3649, enacted September 10, 2012; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. 3. AND THAT By-Law 3649, Water Billing Agreement, be and is hereby repealed in its entirety. Read a First and Second Time this 14th day of December, 2015. Read a Third and Final Time and passed this 14th day of December, 2015. Mayor – Stephen Molnar Town Clerk – Donna Wilson 222 BILLING AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ___________ , 2015. Between: THE CORPORATION OF THE TOWN OF TILLSONBURG a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the “Provider” - and - COUNTY OF OXFORD a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the ”Client” WHEREAS the Provider has established a utility billing, collections, and call centre service (herein referred to as the "Service"); AND WHEREAS the Client wishes to subscribe for and receive the Service on the terms and conditions set forth in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1.0 PROVISION OF SERVICE 1.1 Description of Service. The Provider agrees to implement and maintain the Service for the Client as described in Schedule “B” annexed hereto. 1.2 Provider's Representations and Warranties. The Provider hereby represents and warrants to the Client that: 1 223 (a) there are no judgments, decrees, orders, awards or executions outstanding against the Provider or its assets nor are there any suits or actions or legal, administrative, arbitration, governmental or other proceedings or investigations (including appeals and applications for review) affecting the Provider or its assets pending or, to the knowledge of the Provider, threatened which might adversely affect the Provider's right and ability to enter into this Agreement and to observe, perform and discharge each and all of its obligations hereunder; (b) the Provider has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, perform and discharge each and all of the covenants, terms and provisions of this Agreement which are required to be observed and performed by it and such entering into, execution, delivery and performance: (i) has been duly and validly authorized by all necessary corporate action; (ii) does not require the consent of or approval by, or any notification of or filing with, any Person which has not already been obtained or done; (iii) does not constitute a violation of any laws and regulations to which the Provider is subject or any order, writ, injunction or decree applicable to it; (iv) does not constitute a default (or would, with the passage of time or the giving of notice or both, constitute a default) under any contract, agreement or obligation to which the Provider is a party or by which it is bound; and (c) this Agreement has been duly executed and delivered by the Provider and constitutes legal, valid and binding obligations of the Provider enforceable against the Provider in accordance with its terms; (d) the Provider has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable the Provider to grant to the Client each and all of the rights, licences, sub licences and authorities which are being granted by the Provider to the Client pursuant to and in accordance with this Agreement; 2 224 (e) there are no existing restrictions or constraints on the Provider's right and ability to deliver the Service in accordance with this Agreement or on its right to use the utility billing related software in connection therewith; Each and all of the representations and warranties of the Provider contained in this Section 1.2 and elsewhere in this Agreement shall be deemed to be made and given continuously throughout the Initial Term and the Renewal Term during which this Agreement is to continue and shall be deemed to have been relied on by the Client continuously throughout the Initial Term and the Renewal Term. 1.3 Client’s Representations and Warranties. The Client hereby represents and warrants to the Provider that: (a) the Client has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, perform and discharge each and all of the covenants, terms and provisions of this Agreement which are required to be observed and performed by it and such entering into, execution, delivery and performance: (b) has been duly and validly authorized by all necessary corporate action; (c) does not require the consent of or approval by, or any notification of or filing with, any Person which has not already been obtained or done; (d) does not constitute a violation of any laws and regulations to which the Client is subject or any order, writ, injunction or decree applicable to it; and (e) does not constitute a default (or would, with the passage of time or the giving of notice or both, constitute a default) under any contract, agreement or obligation to which the Client is a party or by which it is bound. (f) Shall annually authorize customer adjustments as they pertain to write-off allowances, broken water mains and other ancillary issues. 1.4 Provider's Covenants. The Provider hereby covenants to, and agrees with, the Client that, for so long as this Agreement shall remain in effect: 3 225 (a) the Service shall be provided by the Provider to the Client in compliance with all of the requirements of this Agreement as well as in accordance with all applicable laws (including the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”)), statutes, ordinances and regulations of all governmental entities and other regulatory authorities having jurisdiction over the parties hereto (or either of them) including, but not limited to, “Personal Information” as defined in the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”); (b) the Provider shall at all times provide and perform the Service in a timely, professional, and competent manner and otherwise in accordance with this Agreement and, without limiting the generality of the foregoing, the Provider shall at all times achieve the service level requirements specified in the Schedules attached to this Agreement. The provider will provide access; and (c) the Provider shall do all such acts and things to ensure that its representations and warranties which are set forth in Section 1.2 hereof remain fully true, accurate and correct. 2.0 TERM 2.1 Initial Term. The initial term of this Agreement shall commence on January 1, 2016 (the “Effective Date”) and shall, unless terminated at an earlier date by either of the parties hereto in accordance with the applicable provisions of this Agreement, continue in full force and effect for a three year term (the "Initial Term"). 2.2 Renewal Term. This Agreement will have a one year extension upon mutual agreement of the Provider and the Client’s Directors of Corporate Services and Public Works. 2.3 Notice – the Client and Provider shall provide notification in writing at least six months in advance of the termination date of the Initial Term of this Agreement and any agreed upon Renewal Term hereto indicating their intention to terminate or exercise the option to renew under section 2.2. 4 226 3.0 COMPENSATION 3.1 Fee for Providing Service. As payment in full to the Provider for its providing the Service to the Client upon and in accordance with this Agreement, the Client hereby agrees that it shall pay to the Provider fees in the amounts and upon the terms and conditions outlined in Schedule “C” annexed hereto (the “Fees”). 3.2 Additional Services. If, at any time and from time to time, the Client shall request the Provider to provide any Additional Services (and, as used in this Agreement, "Additional Services" means services which are not included in the services and other matters described in Schedule "B" annexed hereto but which the Provider has the resources and ability to provide), the Provider shall, promptly following its receipt of such request, provide the Client with a written estimate of the cost of providing to the Client the Additional Services so requested by the Client and the Client must approve the estimate so given to it by notice in writing to the Provider prior to the Provider commencing to provide the Additional Services so requested. 3.3 For the purposes of this Section 3, “CPI” means the consumer price index for “All Items” published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. On every anniversary of the Effective Date during the Term (each a “Change Date”), the Fees shall escalate by the average of the annual percentage changes in the CPI in the twelve (12) consecutive months immediately preceding the Change Date (the “Percentage Change”). In the event that the Percentage Change is positive on a Change Date, then the Fees shall be multiplied by the Percentage Change, and the resulting increase shall be added to the Fees and such sum shall be the escalated Fees effective as of that Change Date. The Client agrees that said escalated Fees shall thereafter be payable in accordance with the terms of this Agreement, until the next Change Date. In no event shall the Fees in a given year be less than the Fees for the immediately preceding year. 3.4 In the event that the CPI information necessary to determine the Percentage Change is unavailable as of a Change Date, the Client shall continue to pay the Fees it had been paying immediately prior to said Change Date until such information is made available; at that time the Fees shall escalate in accordance with this Section and the Client shall make a retroactive payment to the Provider equal to the increase. No 5 227 subsequent adjustments or recomputations, retroactive or otherwise, shall be made to the CPI due to any revision that may later be made to the first published figure of the CPI for any month. 4.0 CONFIDENTIAL INFORMATION 4.1 Confidential Information Defined. Except as otherwise expressly provided in this Agreement, each party hereto (the “Receiving Party”) agrees that all information communicated (whether orally or in writing) and all documents provided to it by the other party hereto (the “Disclosing Party”) by any method and in any format or medium whatsoever, and whether before, on or after the Effective Date, shall be deemed to be confidential and proprietary to the Disclosing Party (and all such information together with this Agreement are collectively referred to in this Agreement as the “Confidential Information”). The Receiving Party may use the Confidential Information of the Disclosing Party only in connection with, and for the purposes of, exercising its rights and carrying out and performing its duties and obligations under this Agreement. For greater certainty, all Client Database Files shall be deemed to be included in, and form a part of, the Confidential Information of the Client. 4.2 Protection of Confidential Information. Each party hereto agrees to use the same means as it uses to protect its own Confidential Information, but in no event less than such means as are reasonable having regard to all then prevailing facts and circumstances, to prevent the disclosure, and to protect the confidentiality of, the other party’s Confidential Information. 4.3 Permitted Disclosure of Confidential Information. A Receiving Party shall not disclose any of the Confidential Information of the Disclosing Party without the prior written consent of the Disclosing Party (which consent may be withheld by the Disclosing Party in its sole discretion), provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s legal counsel and other professional advisers and the Receiving Party’s directors, officers, employees and contractors, but only if and to the extent that such recipients need to have access to such Confidential Information for the purposes of enabling or assisting the Receiving Party to exercise its rights and to carry out and perform its duties and obligations under this Agreement. A Receiving Party, before making any such 6 228 permitted disclosure, shall advise each such legal counsel, professional adviser, director, officer, employee and contractor of the confidentiality obligations set forth in this Article 4.0 and of the need to fully comply therewith. Compliance by each such legal counsel, professional adviser, director, officer, employee and contractor with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining such Person. Notwithstanding the foregoing but subject to Section 4.7 hereof, the Provider may disclose to such other Persons including, without limitation, the Ontario Energy Board and the Independent Electricity Market Operator, those and only those portions of the Client’s Confidential Information that the Provider is required by law to disclose in order to carry out and perform its duties and obligations under this Agreement. 4.4 Exclusions from Confidential Information. Notwithstanding the foregoing, for the purposes of this Agreement, Confidential Information shall not include any information that: (a) is or becomes generally available to the public in circumstances which did not involve a breach of any of the provisions of this Article 4.0; (b) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party, provided that, to the knowledge of the Receiving Party, such source is not bound by a confidentiality agreement with the Disclosing Party or otherwise prohibited from disclosing such information to the Receiving Party by a contractual, legal or fiduciary obligation; (c) was known to the Receiving Party prior to its having been disclosed to the Receiving Party by or on behalf of the Disclosing Party; or (d) was independently conceived, discovered, acquired or developed by the Receiving Party, whether before, on or after the Effective Date. 4.5 Compulsory Disclosure of Confidential Information. In the event that a party hereto becomes legally compelled to disclose any Confidential Information of the other party hereto in accordance with any laws, statutes, ordinances and regulations of any governmental entity and other regulatory authority having jurisdiction over the party so compelled or any court (or other like tribunal) order, subpoena or document discovery 7 229 request, the party so compelled shall immediately provide the other party hereto with written notice thereof so that such other party may seek a protective order or other remedy and/or waive compliance by the party so compelled with this Article 4.0 in relation to the Confidential Information so compelled to be disclosed. If such other party does not obtain such a protective order or other remedy within 15 days following its receipt of any such written notice, the party so compelled may thereafter disclose only that portion of the Confidential Information which it is advised, by written opinion of duly qualified legal counsel, as being legally required to be disclosed and the party so compelled shall use all reasonable best efforts to obtain reliable assurances that confidential treatment will be given to the Confidential Information so disclosed. 4.6 Compliance with PIPEDA and MFIPPA. In the event that any Confidential Information is disclosed, the party making such disclosure shall obtain suitable assurances from the Person to whom such disclosure is being made to ensure compliance with PIPEDA and such other laws and regulations as may then be applicable, including, but not limited to, “Personal Information” as defined in the Municipal of Information and Protection of Privacy Act (“MFIPPA”); 4.7 Survival. The respective obligations of the parties under this Article 4.0 shall forever survive the expiration or other termination of this Agreement. 5.0 FORCE MAJEURE 5.1 Force Majeure Event. Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its duties and obligations under this Agreement (other than an obligation to pay money) if such delay or non-performance is due to any cause beyond its control and which did not occur by reason of the default, negligence or wilful act of the Provider including, but not limited to, any act of God, flood, drought, lightning or fire, wide scale power interruption, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, plague, military operations or riot, and any act, omission or decision of a government (“Force Majeure Event”). 5.2 Occurrence of a Force Majeure Event. If either of the parties hereto shall become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any such failure or delay to perform its duties and obligations under this Agreement, it 8 230 shall immediately give written notice to the other party hereto and such notice shall set forth reasonable details of the Force Majeure Event in question and the period of time which it is estimated that such failure or delay shall continue. The parties hereto shall, as soon as reasonably practicable following the making of such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to agree to a commercially reasonable plan to remedy or overcome any problems arising from the Force Majeure Event. 6.0 TERMINATION AND RENEGOTIATION OF AGREEMENT 6.1 Termination of Agreement by Mutual Written Agreement. This Agreement may be terminated at any time by an agreement in writing which has been duly executed and delivered by both of the parties hereto. 6.2 Termination of Agreement by the Client for Breach by the Provider. In the event that: (a) the Provider shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within thirty (30) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the making of such payment; provided that, 7the foregoing shall not apply to any amounts which the Provider is legitimately and bona fidely disputing its liability to pay. (b) the Provider shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.3(b) shall arise only if the Provider shall fail to fully cure such default or breach to the reasonable satisfaction of the Client within twenty one (21) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Provider shall have commenced and diligently proceeded to cure such default or breach within such 9 231 twenty one (21) day period, the Provider shall have one further period of fifteen (15) days in which to cure such default or breach; or 6.3 Termination of Agreement by the Provider for Breach by the Client. In the event that: (a) the Client shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within 30 days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the making of such payment; provided that, the foregoing shall not apply to any amounts which the Client has been invoiced and is legitimately and bona fidely disputing its liability to pay; (b) the Client shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.4(b) shall arise only if the Client shall fail to fully cure such default or breach to the reasonable satisfaction of the Provider within twenty one (21) days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Client shall have commenced and diligently proceeded to cure such default or breach within such twenty one (21) day period, the Client shall have one further period of 15 days in which to cure such default or breach; or 7.0 DAMAGE LIMITATION 7.1 Limitation for Non-Performance caused by Force Majeure. In no event shall the Provider be liable to the Client for any damages resulting from, or related to, any failure or delay of the Provider to properly perform and discharge its duties and obligations under this Agreement if such delay or failure was due to a Force Majeure Event as outlined in Section 6.1 hereof (and any such delay or failure by reason of a Force Majeure Event shall not constitute a default or breach by the Provider under this 10 232 Agreement). Similarly, in no event shall the Client be liable to the Provider for any damages resulting from, or related to, any failure or delay of the Client to properly perform and discharge its duties and obligations under this Agreement if such delay or failure was due to a Force Majeure Event as outlined in Section 6.1 hereof (and any such delay or failure by reason of a Force Majeure Event shall not constitute a default or breach by the Client under this Agreement). 7.2 No Liability for Consequential Damages. The parties agree that in no case shall the Provider or the Client be liable for any loss of business, consequential or indirect damages. 8.0 INDEMNIFICATION 8.1 Indemnification by the Provider in favour of the Client. (a) The Provider shall, and does hereby, indemnify, defend and hold harmless the Client and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a “Client Indemnitee”) from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”) which may be asserted against or suffered by each Client Indemnitee relating to, or in connection with, or resulting from or arising out of any negligence or willful misconduct of the Provider, its employees or any authorized representatives, including any of its third party contractors, consultants, agents or advisors, in performing the Provider's duties and obligations under this Agreement. For greater certainty, in the event of contributory negligence or other fault of a Client Indemnitee, such Client Indemnitee shall only be indemnified hereunder in the proportion that the Client Indemnitee’s negligence or fault did not contribute to the Indemnifiable Loss in respect of which indemnity is then being sought. (b) The Client shall, for all purposes, be deemed to hold the provisions of subsection 9.1(a) hereof that are for the benefit of the Client Indemnitees that are not a party 11 233 to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Client Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is otherwise entitled under this Article 9.0, the Provider hereby agrees that the Client shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place and stead, of such Client Indemnitee to the same extent as if the Indemnifiable Loss upon which such claim is based had been incurred by the Client directly and for its own account. 8.2 Indemnification by the Client in favour of the Provider. (a) The Client shall, and does hereby, indemnify, defend and hold harmless the Provider and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a “Provider Indemnitee”) from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”) which may be asserted against or suffered by each Provider Indemnitee relating to, or in connection with, or resulting from or arising out of any breach of this Agreement by the Client. For greater certainty, in the event of contributory negligence or other fault of a Provider Indemnitee, such Provider Indemnitee shall only be indemnified hereunder in the proportion that the Provider Indemnitee’s negligence or fault did not contribute to the Indemnifiable Loss in respect of which indemnity is then being sought. (b) The Provider shall, for all purposes, be deemed to hold the provisions of subsection 9.2(a) hereof that are for the benefit of the Provider Indemnitees that are not a party to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Provider Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is 12 234 otherwise entitled under this Article 9.0, the Client hereby agrees that the Provider shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place and stead, of such Provider Indemnitee to the same extent as if the Indemnifiable Loss upon which such claim is based had been incurred by the Provider directly and for its own account. 8.3 Indemnification Procedure. (a) If a Person entitled to indemnity under Section 9.1 or Section 9.2 hereof (such Person being sometimes referred to in this Section 9.3 as the “Indemnified Party”) wishes to assert a claim for indemnity against a Person liable to it under Section 9.1 or Section 9.2 hereof (such liable Person(s) being sometimes referred to in this Section 9.3 as the “Indemnifier”), it can only do so by giving a notice in writing (a “Claim Notice”) to the Indemnifier as soon as is reasonably practicable, which Claim Notice must provide reasonable particulars of the details of the Indemnifiable Loss for which indemnity is then being sought and the amount thereof, such amount being herein called the “Indemnity Amount”. (b) The Indemnifier shall have the period of twenty one (21) days following its receipt of such Claim Notice (such period being herein called the “Cure Period”) in which to cure or rectify, at its sole cost, the matters for which indemnity is being sought, as specified in such Claim Notice, and the Indemnifier shall forthwith do all that is reasonably within its power to do so as to cause or effect such cure or rectification; and, if the matter for which indemnity is sought: (i) has been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, on or prior to the expiration of the Cure Period, the Indemnifier shall have no further liability to the Indemnified Party in respect thereof; or (ii) has not been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, prior to the expiration of the Cure Period, the Indemnifier shall, forthwith upon the expiration of the Cure Period, pay to the Indemnified Party the amount payable in respect of that matter pursuant to this Article 9.0. 13 235 9.0 REMEDIES FOR BREACH 9.1 Application for Court Order. If a party hereto is in breach of or in default under this Agreement, the other party hereto (if itself is not in breach of or in default under this Agreement) shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the party hereto in breach/default from continuing the activity causing the breach/default and/or for an order to specifically enforce the terms of this Agreement so breached/defaulted. 10.0 DISPUTE RESOLUTION 10.1 Parties to try to Resolve Dispute. In the event of a dispute regarding this Agreement, the parties shall attempt, in good faith, to resolve such dispute amicably and promptly within thirty (30) Business Days through the appointment, if required, of a senior representative of each party hereto. 10.2 Arbitration. (a) If pursuant to Section 11.1 hereof, the parties hereto cannot come to a resolution of their dispute within the period of ten (10) Business Days therein referred to, then such dispute shall be submitted to arbitration conducted pursuant to the Arbitration Act, 1991 (Ontario), as then in effect and to the extent not inconsistent with the provisions herein specified. (b) Such arbitration shall be held in Southwestern Ontario and the dispute shall be heard by one arbitrator who has not previously been employed by either party or by any of its affiliates, who does not have a direct or indirect interest in either party or any of its affiliates, who is disinterested in the subject matter and who has expertise and experience in dealing with matters comparable to the subject matter of the dispute. Such arbitrator shall either be mutually agreed by the parties within ten (10) calendar days after agreeing to arbitration, or failing agreement, shall be selected under the rules of the Arbitration Act, 1991 (Ontario). (c) The judgment rendered by the arbitrator may be enforced in any court of competent jurisdiction. All costs of the arbitration shall be paid equally by the parties, unless the award shall specify a different division of the costs. Each 14 236 party shall be responsible for its own expenses, including counsel fees unless the award shall specify differently. Both parties shall be afforded adequate opportunity to present information in support of its position on the dispute being arbitrated. The arbitrator may also request additional information from the parties. (d) Should the parties commence arbitration pursuant to this Section 11.2, the following rules shall apply: (i) the arbitrator shall be bound by the terms of this Agreement and may not detract from or add to its terms; (ii) the parties hereto may by mutual written agreement specify the rules that are to govern the arbitration proceedings and limit the matters to be considered thereat; and (iii) the findings and award of the arbitrator shall be final and conclusive and shall be binding upon the parties hereto and shall not be subject to appeal. (e) Subject to Section 10.1 hereof, each of the parties hereto agrees that it shall not bring a lawsuit concerning any dispute covered by the arbitration provisions of this Section 11.2. 11.0 NOTICES 11.1 All notices and communications sought or, by the terms hereof, required to be given by one party hereto to another shall be given in writing by personal delivery (which delivery may be effected by depositing the notice or communication in question with a responsible courier service for delivery (courier charges fully prepaid) to the addressee thereof), by registered/certified mail (postage fully prepaid) mailed from anywhere within the United States or Canada, or by telecopier, delivered, addressed or telecopier to such other party at the address/telecopier number specified for such party in Schedule "A" annexed hereto (or at such other address and/or telecopier number as may be given by a party hereto to the other by notice in writing from time to time) and such notices or communications shall be deemed to have been received, if sent by personal delivery, upon delivery, if transmitted by telecopier, upon the completion of its 15 237 transmission or, if sent by registered or certified mail, four days following the day of the mailing thereof; provided that, if any such notice or communication shall have been mailed and if regular mail service shall be interrupted by strikes or other irregularities, such notice or communication shall be deemed to have been received four (4) days following the resumption of normal mail service. 12.0 GENERAL CONTRACT PROVISIONS 12.1 No Amendment. This Agreement shall not be amended, superseded or cancelled except by a written instrument signed by all of the parties hereto and any instrument purporting to amend, supersede or cancel this Agreement or any part hereof shall not be binding and shall be of no effect unless and until it has been executed and delivered by all of the parties hereto. 12.2 Assignment of Agreement and Inurement. No party to this Agreement may assign its interest in this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective successors and permitted assigns. 12.3 Authority. Each party hereto represents and warrants to the other party hereto that it has the requisite power and authority to enter into and perform the terms of this Agreement and that it has done and will continue to do all things necessary so that this Agreement will be valid, binding and legally enforceable upon it. 12.4 Business Day. As used in this Agreement, "Business Day" means any day, other than a day that is a Saturday, a Sunday or any other day that is a statutory holiday under the laws of the Province of Ontario or Canada. 12.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original or faxed form and the parties adopt any signatures received by a Receiving facsimile machine as original signatures of the parties to this Agreement; provided, however, that any party providing its signature in such manner shall promptly 16 238 forward to the other party an original signed copy of this Agreement which was so faxed. 12.6 Entire Agreement. This Agreement, including the schedules hereto, constitutes the entire, full and complete agreement and understanding among the parties hereto in respect of the subject matters hereof and supersedes all prior agreements, arrangements and understandings, whether oral or written, among the parties hereto with respect thereto. There are no representations, inducements, promises, statements of intention or agreements, oral or written, among the parties hereto not embodied herein which are of any force or effect with reference to this Agreement or the subject matters hereof. 12.7 Further Assurances. Each party hereto agrees that, forthwith upon the written request of the other party hereto, the party so requested shall execute and deliver such further documents, cause such resolutions to be passed, exercise his vote and influence, and otherwise do and perform and cause to be done and performed any and all such further acts and things as are within his reasonable power to do and as are reasonably necessary or desirable in order to give full effect to each and every part of this Agreement and the matters herein provided for. 12.8 Independent Legal Advice. The parties acknowledge and agree that they have both had the opportunity to seek and obtain independent legal advice in respect of this Agreement, and the parties hereto acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution and delivery. 12.9 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Except as otherwise set forth herein, the parties hereto shall submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute arising under this Agreement. 12.10 No Partnership. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties hereto partners in the conduct of any business or otherwise. 17 239 12.11 Severability. Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction for any reason whatsoever shall, as to such jurisdiction only, be ineffective and severable from this Agreement to the extent of such invalidity, prohibition or unenforceability but such invalidity, prohibition or unenforceability shall not invalidate or otherwise affect the remaining provisions of this Agreement nor shall it affect the validity or enforceability of such provision in any other jurisdiction. 12.12 Waiver. Any party which is entitled to any right or benefit under this Agreement may, and shall be entitled and have the right to, waive any term or condition relating to the application of this Agreement in relation to any matter or transaction, provided that any such waiver shall only be effective in that particular instance and only if it is in writing signed by such party and delivered to the party to whom such waiver is directed. No failure on the part of any party to exercise, and no delay by any party in exercising, any right under this Agreement shall operate as a waiver of such right. 12.13 Number, Gender, “this Agreement”, Division of Agreement, "Person", "including" and "sole discretion". In this Agreement, the use of the singular includes the plural and vice versa; words importing gender include all genders; all verbs shall be construed as agreeing with the required word and/or pronoun; and the words “this Agreement”, “herein”, “hereof”, “hereby”, “hereto”, “hereunder” and like expressions refer to this Agreement as a whole and not to any particular part hereof, unless the context otherwise requires. The division of this Agreement into Articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. As used in this Agreement, “Person” includes a human being, a trust, a partnership (general or limited), a joint venture, a body corporate or politic, a Regulatory Authority, a limited liability company, an association and any other form of incorporated or unincorporated organization or entity; and “including” (and variations thereof) means “including without limitation” and shall not be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it. Wherever in this Agreement it is stated that a Person (including a party to this Agreement) may withhold such Person's consent (or any other matter) in its “sole discretion”, “sole discretion” shall mean such Person's “sole, absolute, arbitrary and unfettered discretion”. 18 240 12.14 Reference to Laws. Any reference in this Agreement to a statute or a provision thereof shall be construed as a reference to that statute or provision as amended, re- enacted or replaced from time to time and shall include subordinate legislation, as amended, re-enacted or replaced from time to time, made under that statute or provision thereof. 12.15 Schedules. Each Schedule shall form an integral part of, and be subject to the terms and conditions of, this Agreement. Without limiting the generality of the foregoing, unless otherwise set out in a Schedule, all capitalized terms used in a Schedule shall have the meanings given to such terms in the main body of this Agreement. 12.16 Conflict of Provisions. In the event of any conflict or inconsistency between the provisions contained in the main body of this Agreement and the provisions of any Schedule hereto, the provisions of the main body of this Agreement, and not such Schedule, shall prevail and govern to the extent of such conflict or inconsistency. 12.17 Construction Principle. The principle of construction whereby, if words of a contract are ambiguous, they should be interpreted against the author of the words and not against the other party, shall not apply. 12.18 Currency and Withholdings. All dollar amounts expressed in this Agreement are expressed in Canadian Dollars and all payments contemplated by this Agreement shall be made in Canadian funds, all of which payments shall be subject to all such withholdings and other deductions as may be required by all applicable laws and regulations. 12.19 Time of Essence. Time is and shall be of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement shall operate as a waiver of this provision. 12.20 Calculation of Time Periods. When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference date in calculating such period shall be excluded. If the last day of such period is a not a Business Day, the period in question shall end on the next Business Day. 19 241 12.21 Cumulative Remedies. Each of the parties hereto acknowledges and agrees that all remedies which it may have at law and in equity are cumulative and that the election of a party hereto to pursue any one or more remedies available to it shall not prevent it from pursuing any other remedies which may be available to it. IN WITNESS WHEREOF this Agreement has been executed by the duly authorized signatories of the parties hereto as of the date first written above. County of Oxford Per: ________________________________ Name: Peter M. Crockett. P.Eng Title: Chief Administrative Officer I have the authority to bind the Corporation Per: ________________________________ Name: Robert Walton. P.Eng. Title: Director of Public Works I have the authority to bind the Corporation Corporation of the Town of Tillsonburg Per: ________________________________ Name: Donna Wilson Title: Clerk I have the authority to bind the Corporation Per: ________________________________ Name: Stephen Molnar Title: Mayor I have the authority to bind the Corporation 20 242 SCHEDULE “A” to the Billing Agreement NOTICES 1. If to the Client, at: County of Oxford (full legal name of company) P.O. Box 1614, 21 Reeve Street (full mailing address) Woodstock, Ontario N4S 7Y3 (519) 539-9800 (telephone number) (519) 421-2207 (fax number) (contact name) CAO (position) 2. If to the Provider, at: Town of Tillsonburg (full legal name of company) 200 Broadway Street Suite 204 Tillsonburg ON N4G 5A7 (full mailing address) (519) 842-9431 (fax number) (519) 688-3009 (telephone number) CAO (contact name and/or position) 243 SCHEDULE “B” Billing Agreement SERVICES PROVIDED TO THE CLIENT 1. The Provider will keep in force for the Term of this Agreement all of the necessary insurance that a prudent person would carry and maintain in respect of the Services performed by the Provider under the terms of this Agreement including, but not limited to, commercial general liability insurance on an occurrence basis to an inclusive limit of not less than two million dollars ($2,000,000.00) per occurrence. Proof of Insurance by means of a valid Certificate of Insurance or equivalent shall be provided to the Client to confirm the above requirements. 2. The Provider shall maintain all water and wastewater accounts by providing the following services: i) Client billing of metered and flat rate water and wastewater on a monthly basis ii) collection for active and finalized accounts in accordance with the Client’s “Receivable Management” Policy iii) provide first point of contact and prepare all relevant service orders and forward to the Client or its Designate for processing iv) update water meter information in the utility related billing software v) implement and test all new rates vi) provide the first and follow-up point of customer contact for: a) final readings and notify Client’s metering agent b) dirty water and notify the Client or its Designate for processing c) rate inquiries d) high water consumption concerns in accordance with the Client’s “Water Leak Adjustment” Procedure e) requests for payment deferrals in accordance with the Client’s “Water Wastewater Payment Deferral” Procedure f) leaking water meters and notify the Client or its Designate for processing g) any miscellaneous water calls vii) reporting – monthly statistics reports in a format approved by the Client viii) provide water reports or access to water reports for consumption histories, high usage complaints, non-conforming customers and other day-to-day matters as required ix) provide, on a quarterly basis, water consumption for wastewater use statistics to the Client By-Law Enforcement Officer 22 244 x) provide, before February 28th of each year, water statistics to support reporting requirements under Ontario Regulation 450/07, Ontario Water Resources Act 3. The Client will be responsible for meter reading services and provide the data to the Provider in an electronic format. The Client will set the reading cycle independently from the electrical billing cycles and the Provider will include this information on the bill. 4. The Provider will remit to the Client monthly revenues on the 15th business day of the following month, less fees incurred for services provided, supported by an invoice supporting the services rendered. 5. The Client or its Designate will provide all services related to water meter repairs or replacements. This includes automatic meter reading (AMR) technology, touch pad installation and connections related to water meter. 6. The Provider shall send to customers one piece of communication per year (inserts to be supplied by the Client according to Provider’s specifications). All communications to be mutually agreed to. 7. The Provider will warehouse water meters and the associated radio read equipment provided by the Client or its Designate. The Client will provide minimum stock values and manufacturer specifics. The Client or its Designate will provide all materials necessary to complete service work. The Provider will collect fees for new water meters specified by the Client. The remittance of this fee will be submitted to the Client with the monthly remittances. 8. Any special billings and/or additional communications will be billed in addition to the normal fee at an amount negotiated with the Client. 9. Regular meetings between the Provider and the Client to ensure quality service is provided to the water and wastewater users in accordance with Client policy, not less than on a quarterly basis. 23 245 SCHEDULE “C” to the Billing Agreement INVOICING AND PAYMENT The Provider shall commence invoicing of the Client's customers as per this Agreement on January 1, 2016. The Provider shall invoice the Client at the end of each calendar month for the services and fees incurred. The Client shall pay for the Service as provided for in the Fee Structure Table below. The Provider will insert additional communications for the Client at a rate of $0.04 per account provided the material meets specifications of the Provider and the regular postage rate is not affected. All other communications will be at a cost recovery basis. Effective January 1, 2016, including all labour, office, hardware, software, software licensing costs, on a per bill basis, the water and wastewater billing costs shall be in accordance with the following fee structure table. Fee Structure Table: Service Period Service Fee Per Bill January 1, 2016 to December 31, 2016 * Metered Water Service Flat Rate Service $3.66 $3.09 Per Bill . *refer to section 3.3 for annual CPI adjustments Fee structure subject to negotiated change with increased utilization and participation in e- billing. Anticipated cost savings will be shared between the Client and Provider. 24 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3977 Being a By-law to appoint a Committee of Adjustment for the Town of Tillsonburg pursuant to Section 44 of the Planning Act., R.S.O. 1990 c. P. 13. WHEREAS Section 44 of the Planning Act, 1990 allows municipalities who have passed a zoning by-law under Section 34 of the Act, to appoint a Committee of Adjustment for the municipality. AND WHEREAS the Municipality of the Town of Tillsonburg wish to constitute and appoint a Committee of Adjustment. NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Committee of Adjustment for the Corporation of the Town of Tillsonburg shall have all statutory duties listed under Sections 44 and 45 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended. 2. THAT the following members of Council shall be appointed to the Town of Tillsonburg Committee of Adjustment for a term to expire December 31, 2016; Stephen Molnar Dave Beres Maxwell Adam Penny Esseltine Jim Hayes Chris Rosehart Brian Stephenson 3. THAT the Chair of the Committee of Adjustment shall be the Mayor of the Town or Tillsonburg or designate. 4. THAT the Clerk for the Town of Tillsonburg, or designate, is responsible for the Secretary-Treasurer duties of the Committee of Adjustment as prescribed in the Planning Act. 5. THAT all hearings of the Committee of Adjustment shall be called by the Secretary- Treasurer or designate as it is necessary, according to the submission of applications for 247 minor variances and shall take place in Council Chambers during a regular scheduled Council meeting. 6. THAT any by-law inconsistent with this by-law shall be hereby repealed. 7. THAT this by-law shall come into full force and effect upon the day of final passing. READ a first and second time this 14th day of December, 2015. READ a third time and passed this 14th day of December, 2015. _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson 248 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3978 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 14th day of December, 2015 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on December 14, 2015, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and the Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14th DAY OF DECEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF DECEMBER, 2015. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 249 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3979 A BY-LAW to adopt the Code of Conduct and to Repeal By-Law 3504. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws regarding Accountability and Transparency of the municipality and its operations and of its local boards and their operations; and WHEREAS Section 223.2(1) of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes municipalities to establish codes of conduct for members of the council of the municipality and of local boards of the municipality; and WHEREAS Section 223.3 (5) of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes penalties for a contravention of the code of conduct; and WHERAS the Council of the Corporation of the Town of Tillsonburg on May 9, 2011, passed By-Law 3504 to adopt a Code of Conduct; and WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3504. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Code of Conduct Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Code of Conduct attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. THAT By-Law 3504 shall be repealed in its entirety. 3. AND THAT this by-law comes into full force and effect on the day of passing. Read a First and Second Time this 14th day of December, 2015. Read a Third and Final Time and passed this 14th day of December, 2015. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson 250 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 1. Policy Statement Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. 251 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Scope The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include: • Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner; • Members shall be committed to performing their functions with integrity without using the influence of their office; • Members shall avoid all conflicts of interest; • Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny; • Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and, • Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 252 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 2. DEFINITIONS In the Code of Conduct, the terms “child”, “parent” and “spouse” have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council’s review, including any ad hoc, subcommittee or task force. “Clerk” means the Municipal Clerk for the Corporation of the Town of Tillsonburg. “CAO” means the Chief Administrative Officer for the Town of Tillsonburg. "Code of Conduct" means the “Town of Tillsonburg Code of Conduct for Members of Council, Local Boards and Advisory Committees”. "complainant" means a person who has filed a complaint under the Code of Conduct. "complaint" means a purported contravention of the Code of Conduct. 253 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form “Council” means the council of the Town of Tillsonburg. “Integrity Commissioner" shall mean an Integrity Commissioner who may be appointed by the Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in- law, brother-in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled intention to treat as an immediate relative. "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council:  Downtown Tillsonburg Business Improvement Area (BIA) Board of Management  Tillsonburg Police Services Board  Property Standards Appeal Committee 254 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form  Committee of Adjustment "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. “Town” means The Corporation of the Town of Tillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 3 STATUTORY PROVISIONS REGULATING CONDUCT This Code of Conduct operates along with and as a supplement to the existing statutes governing conduct. The following federal and provincial legislation governs the conduct of Members of Council:  Municipal Act  Municipal Conflict of Interest Act  Municipal Elections Act  Municipal Freedom of Information and Protection of Privacy Act 255 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form  Provincial Offences Act  Human Rights Code  Criminal Code  By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 4. APPLICATION This Code of Conduct shall apply to all Members of Council, Committees and Local Boards. 5. CONDUCT AT MEETINGS Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town’s Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 256 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 6 TRANSPARENCY AND OPENNESS IN DECISION MAKING Members will conduct and convey Council or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 7. IMPROPER USE OF INFLUENCE No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one’s status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member’s supposed influence within Council or the Local Board in return for present actions or inaction. 257 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form For the purposes of this provision, “private advantage” does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a ‘broad class of persons’ (such as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council of a Local Board. 8. DISCREDITABLE CONDUCT All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. The Ontario Human Rights Code applies, as does the Town’s Discrimination and Harassment-Free Workplace Policy which recognize the right of every employee to work in an environment that is free from discrimination and harassment, by the employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. 258 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; 259 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 9. CONDUCT RESPECTING STAFF Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has been delegated. Members shall direct requests outside of Council or Local Board approved budget, process or policy, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council or the Local Board as a whole, and the combined interests of all Members as evidenced through the decisions of Council or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council or the Local Board. Accordingly, no Member shall maliciously or falsely injure the 260 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other’s time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or the Local Board. 261 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 10 COMMUNICATIONS AND MEDIA RELATIONS Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information will be communicated only when and after determined by Council or the Local Board. 11 CONDUCT REGARDING CURRENT & PROSPECTIVE EMPLOYMENT No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town or the Local Board. 262 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 12 CONFIDENTIAL INFORMATION Confidential information includes information in the possession of, or received in confidence by the Town or the Local Board that the Town or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as “MFIPPA”), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor- client privilege. The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, “confidential information” also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to 263 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town’s Procedural By-law, a matter that has been discussed at an in- camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential:  items under litigation, negotiation, or personnel matters;  information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence);  information deemed to be “personal information” under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. 264 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessary for the performance of their duties and not prohibited otherwise. 13 GIFTS AND BENEFITS Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below. For these purposes, a fee or advance paid to or a gift or benefit provided with the Member’s knowledge to an immediate relative, friends, or associates, business or otherwise or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; 265 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an official capacity; g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) 266 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1. the nature of the gift or benefit; 2. its source and date of receipt; 3. the circumstances under which it was given or received; 4. its estimated value; 5. what the recipient intends to do with the gift; and 6. whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. 267 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 14 PROFESSIONAL DEVELOPMENT Members have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to:  AMO Conferences  Federal Canadian Municipalities (FCM)  Ontario Small Urban Municipalities (OSUM)  Ministry of Municipal Affairs and Housing Seminars  Provincial Professional Association Training Institutes (OGRA, AMCTO, etc.)  Provincial Municipal Council orientation sessions 268 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. 15 USE OF TOWN PROPERTY, SERVICES AND OTHER RESOURCES Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town’s website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 269 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 16. PUBLIC INPUT Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 17. IMPLEMENTATION At the beginning of each term, Members of Council will be expected to sign the Code of Conduct to convey to each other and all stakeholders that they have read, understand and accept it. A Code of Conduct component will be included as part of the orientation workshop for each new Council. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 270 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18. COMPLAINT PROTOCOL If an Integrity Commissioner is appointed by the Town, the following complaint protocol applies. The Integrity Commissioner will only enforce the Code of Conduct with respect to members of Council. If an Integrity Commissioner is not appointed, the Town’s Chief Administrative Officer and the Mayor shall fill that role. It shall be noted that anywhere an Integrity Commissioner is referred to in the complaint process and one has not been appointed, the role shall be filled by the Town’s Chief Administrative Officer (CAO) and Mayor. Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file a complaint. Complaints must be submitted within six (6) weeks of the matter first becoming known to the complainant and cannot be filed more than six (6) months after the alleged violation occurred. No action will be taken on a complaint received beyond either of the foregoing deadline. A complainant does not have to pursue the informal complaint process set out in Section 18.1 prior to proceeding with the formal complaint process set out in Section 18.2. 271 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18.1 Informal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner/CAO/Mayor as outlined in Section 18.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 18.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: 272 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form a) all formal complaints must be made using the Complaints Form / Affidavit (see Schedule “B”) and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a), b), c) and d) of this section; f) The Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. 273 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 18.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner is deemed not to be a complaint with respect to the Code of Conduct, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter – if the complaint is an allegation of a criminal nature consistent with the Criminal Code, that pursuit of such an allegation must be made through the appropriate police service; b) Municipal Conflict of Interest – if the complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, then the matter should be pursued in accordance with the Act through a court application; c) Municipal Freedom of Information and Protection of Privacy – if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, then the matter will be referred to the Municipal Clerk for review under statute; and d) Discrimination or Harassment – if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. 274 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 18.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 18.5 Opportunity for Resolution If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. 18.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner’s ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public 275 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. 276 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 18.7 No Complaints or Reports Prior to Election If the Integrity Commissioner receives a complaint between nomination day as defined in the Municipal Elections Act, 1996 and the date of the inaugural meeting of Council in any year in which a regular municipal election will be held respecting a Member who is seeking re-election and he is of the opinion that it is politically motivated, he may stay the investigation until after the inaugural meeting of the newly-elected Council and shall not be required to adhere to the time calculation referred to in Section 18. 18.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001 Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. 277 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner’s opinion is required for the purposes of the report. When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 19 REPORTING AND GENERAL COMPLIANCE 19.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. 278 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. 279 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 19.2 Annual Report The Integrity Commissioner’s annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 19.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 280 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form 19.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 19.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 19.1 of the Code of Conduct. 19.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 19.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out 281 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT APPROVAL DATE: REVISION DATE: SCHEDULES Schedule A – Disclosure Statement Schedule B - Formal Complaint Form therein. When a vacancy occurs, all formal complaints shall be heard by the Chief Administrative Office (CAO) and the Mayor until such time as a new Integrity Commissioner has been appointed. If the municipality has not appointed an Integrity Commissioner, the default complaint investigator shall be the CAO and Mayor for the Town of Tillsonburg. 20 ROLES OF INTEGRITY COMMISSIONER a) Review the Code of Conduct and other Town policies and procedures relating to the ethical behaviour of Council, as requested, to ensure they continue to meet the needs of the Town. b) Provide educational training to members of Council on its Code of Conduct and matters of integrity, as requested; c) Provide advice to members of Council, in respect of its Code of Conduct either collectively or individually (at the members expense as budgeted) and assisting with the general interpretation of the Municipal Conflict of Interest Act, as required; d) Investigate and report on complaints and alleged breaches of the Code of Conduct. It shall be noted that if an Integrity Commissioner has not been appointed the CAO and the Mayor shall not be required to fill the role of (b) and (c) as indicated above. 282