141208 Council MINliown of Tillsonburg
Minutes of Council
Meeting Date:
Monday December 8, 2014
6:00PM
Council Chambers
Chair: Mayor Stephen Molnar
MINUTES: Meeting for the Committee "Open Council"
Review Access: e Public 0 Private
MINUTES
Town of Tillson burg
Council Meeting
on
Monday, December 8, 2014 6:00PM
Council Chambers
Chair: Mayor Stephen Molnar
Or~~rs of the Day:
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
Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Parks and Recreation Services
Darrell Eddington, Director of Finance
Jeff Bunn, Deputy Clerk
CALL TO ORDER
The meeting was called to order at 4:30p.m.
CLOSED MEETING SESSION
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council move into Closed Session to consider:
120814
1. a matter in respect of which a council, board, committee or other body may hold a
closed meeting under another act (THI)
2. a proposed or pending acquisition or disposition of land by the municipality or local
board (Broadway).
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MINUTES: Meeting for the Committee "Open Council"
Carried.
At 5:49p.m. Council rose from the Closed meeting session and recessed until 6:00p.m.
ADOPTION OF AGENDA
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Agenda as prepared for the Council Meeting of December 8, 2014, be
adopted.
Carried.
MOMENT OF REFLECTION
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were disclosed.
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Staff were directed to update the Minutes of November 24, 2014 to include Councillor
Mel Getty in the attendance list.
Minutes of the Meeting of November 24, 2014 [3
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the Minutes of the Council Meeting of November 24, 2014, be received.
Carried.
INTRODUCTIONS
The Director of Finance introduced Andrew Jones, Manager of Finance/Deputy
Treasurer.
The Director of Operations introduced Terry Dooling, Manager of Roads.
INFORMATION ITEMS
1. Township of Pelee, Resolution regarding Canada Post Door to Door Service [)
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MINUTES: Meeting for the Committee "Open Council"
2. County of Huron Resolution Home to Home Postal Delivery CJ
3. Request for Nominations for the 2015-2019 ROMA Board CJ
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receive the correspondence from the Rural Ontario Municipal Association
(ROMA).
Carried.
4. Delegation Requests for the Conference of the Ontario Good Roads Association
(OGRA) and Rural Ontario Municipal Association
(ROMA) IJl
5. Request for Nominees, Ontario Volunteer Recognition Program 2015
EDI'i.o. ·~
Request for nominations. pdf
DELEGATIONS
6. Long Point Region Conservation Authority 2015 Draft Budget CJ
Presented By: Cliff Evanitski, General Manager, LPRCA
Cliff Evanitski presented the 2015 draft budget for the Long Point Region Conservation
Authority.
PUBLIC MEETINGS
7. Applications for Official Plan Amendment. Draft Plan of Subdivision and Zone
Change, SB 14-03-7 & ZN 7-14-08 (Glendale West Subdivision). CJ
Presented By: Eric Gilbert, County Development Planner
The Development Planner gave an overview of the applications.
Thomas Looby, the applicant and the Vice President of Hayhoe Homes, were in
attendance and spoke to the benefits of residential developments in the community.
Mr. Looby stressed that development on the subject property had been outlined in the
Official Plan since 1979, and was not recently decided.
Opportunity was given for the public to speak in favour or against the application.
Andrew Gilvesy, CJDL Engineering, spoke to the impact of lot grading on both the
Soccer fields and on the proposed development.
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MINUTES: Meeting for the Committee "Open Council"
Mr. Gilbert noted that an amended version of the report would be brought to County
Council. The amended version reads sidewalks will only be required on the South side
of Glendale Drive, as noted in condition 17 of the proposed development.
Brent Shepherd, the lead Pastor at Bethel Pentecostal Church, spoke in favour of the
application.
Michael Papiano was in attendance to speak against the application. Mr. Papiano
distributed photos of the London Soccer Club which show 24 foot fencing surrounding
adjacent properties.
Sebastian Fardella, President, Tillsonburg Soccer Club (TSC), spoke against the
application on behalf of the Board of Directors/Executive of the TSC.
Mr. Fardella noted concern with the suggestion that there is no existing buffer-zone
between the fields and subject property.
Mr. Fardella also asked for clarification of whether the parkland contribution or cash
in-lieu thereof was a legal opinion or that opinion of Town staff.
He noted that the soccer club was not against the application but were against the
design.
Mr. Stein, spoke against the application. Mr.Stein noted that the decommissioning of the
pound to the south of the proposed development would negatively impact the habitats of
fish and natural ecosystem.
Mr. Shepherd made further comments acknowledging the challenge of keeping stray
balls on the field during a soccer game.
Mr. Shepherd also noted that the subject lands are currently private property and any
discussions should include the notion that any access to the property is trespassing.
John Bamford, the current land owners to the Northern property to the subject land,
noted that though there is no concerns currently with stray balls, moving forward the
Town and the Soccer Club should be cautions that the lands are private and any
unapproved access is considered trespassing.
Bob McCormick spoke in regards to the application, advising Council to be cautious of
any decision.
Council passed the following resolution:
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT ZN 7-14-08, zone change Application, OP 14-06-7, Official Plan Amendment and
SB 14-03-7, draft plan of subdivision approval be deferred until the January 12, 2015
Council Meeting to permit the parties to negotiate for the safe separation of properties.
Carried.
Council recessed at 8:24 p.m. and reconvened at 8:30 p.m.
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MINUTES: Meeting for the Committee "Open Council"
FINANCE
8. FIN 14-44 Additional Reserve Contribution 1J1
Presented By: Darrell Eddington, Director of Finance
Council requested that the total contribution to reserves in 2014 be provided to Council
during the budget process.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres?
THAT Council receives report FIN 14-44 Additional Reserve Contribution;
AND THAT Council approves the additional estimated 2014 contribution to reserves in
the amount of $332,364.
Carried.
9. FIN 14-43 Bank Signing Authorities CJ
Presented By: Darrell Eddington, Director of Finance
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receives report FIN14-43 Bank Signing Authorities.
AND THAT Council appoints the following as designated signing authorities for the
Town's general banking needs:
Mayor Stephen Molnar or Deputy Mayor Dave Beres; and one of the following:
Director of Finance/Treasurer, Darrell Eddington; or
Manager of Finance/Deputy Treasurer, Andrew Jones.
Carried.
OPERATIONS
10. OPS 14-19, Ontario Community Infrastructure Fund, Formula-Based Component CJ
Presented By: Kevin De Leebeeck, Director of Operations
Moved By: Councillor Esseltine Seconded By: Councillor Adam
THAT Council receive Operations Report OPS 14-19 Ontario Community Infrastructure
Fund formula based component;
AND THAT Council approve the use of funding to complete asset management projects
to support the continuing development of the Town's Asset Management Plan;
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MINUTES: Meeting for the Committee "Open Council"
AND THAT Council authorize Mayor and Clerk to execute the Ontario Community
Infrastructure Fund Formula-Based Funding Contribution Agreement with Her Majesty
the Queen in Right of Ontario and associated by-law 3862.
Carried.
RECREATION, CULTURE AND PARKS
11. RCP 14-34-Bridges at Tillsonburg Tobogganing Agreement Renewal 2014-2015 k:l
Presented By: Rick Cox, Director of Recreation, Culture and Parks
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receive Report RCP 14-34-Bridges at Tillsonburg Tobogganing
Agreement Renewal 2014-2015 for information;
AND THAT Council authorize staff to operate the facility for the 2014-2015 season.
Carried.
13. RCP 14-42-Trans-Canada Trail Expansion via the South Oxford Link CJ
Presented By: Rick Cox, Director of Recreation, Culture and Parks
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receive Report RCP 14-42-Trans-Canada Trail Expansion via the South
Oxford Link for information;
AND THAT Council agrees in principle with entering into a partnership with the
Township of Norwich, the Township of Southwest Oxford, and the County of Oxford
for the purpose of applying for funds to establish the South Oxford Link;
AND THAT the partnership agreement and the requirement for Town funds come back
to Council for approval in 2015.
Carried.
STAFF INFORMATION REPORTS
14. FIN 14-451nsurance RFP ~
Staff were asked to follow-up regarding the level of coverage with the new insurance
plan, specifically related to equipment and vehicles.
15. RCP 14-44 Awarding Services Contract for Cultural Improvement Alliance Project c:l
Staff were directed to bring back an information report outlining the function of the
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MINUTES: Meeting for the Committee "Open Council"
Cultural Improvement Alliance Project.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives report FIN 14-45 Insurance RFP as information;
AND THAT Council receives report RCP 14-44 Awarding Services Contract for Cultural
Improvement Alliance Project Assistant as information.
Carried.
NOTICE OF MOTION
RESOLUTIONS
16. Council Meetings to be Rescheduled for the 2015 Calendar Year [J
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the following regular Council Meetings be re-scheduled or cancelled for 2014:
Monday, February 23 , 2015 is re-scheduled to Thursday, February 26, 2015, due to the
annual OGRA/ROMA Conference;
Monday June 8, 2015 is re-scheduled to Thursday June 11, 2015 due to the annual
AMCTO Conference;
Monday, July 27, 2015 is cancelled;
Monday, August 24, 2015 is cancelled;
Monday, October 12, 2015 is re-scheduled to Tuesday, October 13, 2015, due to
Thanksgiving, and
Monday, December 28, 2015 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.
17. Appointment to Conservation Authorities CJ
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receive the correspondence from the County regarding appointments to
Conservation Authorities;
AND THAT Council recommend Deputy Mayor Beres as the Town of Tillsonburg
representative to Long Point Region Conservation Authority for the 2015-2018 term.
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MINUTES: Meeting for the Committee "Open Council"
Carried.
CLERK
18. CL 14-33, Council Appointments to Committees and Boards [)
Presented By: Donna Wilson, Town Clerk
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receive Report CL 13-33 Council Appointments to Boards and
Committees;
AND THAT the following appointments shall be for the current term of council;
THAT Councillor Stephenson be appointed to the Cultural Advisory Committee;
AND THAT Councillor Hayes be appointed to the Development Committee;
AND THAT Councillor Esseltine be appointed to the Heritage and Beautification &
Cemeteries Advisory Committee;
AND THAT Councillor Rosehart be appointed to the Museum Advisory Committee;
AND THAT Councillor Esseltine be appointed to the Parks Recreation Advisory
Committee;
AND THAT Councillor Adam be appointed to the Business Improvement Area Board;
AND THAT Councillor Stephenson be appointed to the Accessibility Advisory
Committee;
AND THAT Mayor Molnar and Councillor Rosehart be appointed to the Police Service
Board;
AND THAT Councillor Adam be appointed to the Tillsonburg Non-Profit Housing
Corporation;
AND THAT Deputy Mayor Beres and Councillor Hayes be appointed to the Otter Valley
Corridor Committee.
Carried.
BY-LAWS
18. By-Laws for the Meeting of December 8, 2014
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
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MINUTES: Meeting for the Committee "Open Council"
THAT By-Law 3862, To enter into an Agreement with the Province for OCIF Funding.~;
and
By-Law 3865, To appoint a Manager of Finance/Deputy Treasurer CJ; and
By-Law 3864, To confirm the proceedings of Council at its meetings held on the 8th day
of December, 2014, be read for a first and second time and this constitutes the first and
second reading thereof. li!
Carried.
At 9:26p.m. Council moved into Closed Session.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council move into Closed Session to consider:
1. a proposed or pending acquisition or disposition of land by the municipality or local
board (Broadway).
Carried.
At 10:25 p.m. Council rose from Closed Session and resumed the Regular Council
meeting.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3862, To enter into an Agreement with the Province for OCIF Funding.~;
and
By-Law 3865, To appoint a Manager of Finance/Deputy Treasurer CJ: and
By-Law 3864, To confirm the proceedings of Council at its meetings held on the 8th day
of December, 2014, be given third and final reading and the Mayor and Clerk be and are
hereby authorized to sign the same, and place the Corporate Seal thereunto. CJ
Carried.
ITEMS OF PUBLIC INTEREST
ADJOURNMENT
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT the meeting be adjourned at 10:27 p.m.
Carried.
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MINUTES: Meeting for the Committee "Open Council"
Approval Received: (0 of 1)
Donna WilsonfTillsonburg (Tuesday December 09,
2014 04:06 PM)
Town of Tillsonburg
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MINUTES: Meeting for the Committee "Open Council"
Review Access: Public
,Orders oftbe Day:
ATIENDANCE
Mayor Dave Beres
Deputy Mayor Mark Renaud
Councillor Brenda Carroll
Councillor Marty Klein
Councillor Chris Rosehart
Councillor Brian Stephenson
Councillor Mel Getty
Staff:
David Calder, CAO
Donna Wilson, Town Clerk
Kevin De Leebeeck, Director of Operations
MINUTES
Town ofTillsonburg
Council Meeting
on
November 24, 2014 6:00PM
Council Chambers
Chair: Mayor Dave Beres
Rick Cox, Director of Parks and Recreation Services
Jeff Bunn, Deputy Clerk
Regrets:
Darrell Eddington, Director of Finance
CALL TO ORDER
The meeting was called to order at 6:00p.m.
ADOPTION OF AGENDA
Moved By: Councillor Rosehart Seconded By: Councillor Getty
THAT the Agenda as prepared for the Council Meeting of November 24, 2014, be adopted.
Carried.
MOMENT OF REFLECTION
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Minutes of the Meeting of November 10, 2014 CJ
Moved By: Councillor Getty Seconded By: Councillor Rosehart
THAT the Minutes of the Council Meeting of November 10,2014, be approved.
Carried.
INFORMATION ITEMS
Page 1 of3
112414
Link to Agenda: (
http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 18/06/20 15
MINUTES: Meeting for the Committee "Open Council" Page 3 of3
Presented By: David Calder, CAO
David Calder, Chief Administrative Officer, presented Deputy Mayor Renaud, Councillor Carroll, Councillor Getty and Councillor Klein
with a framed picture of Annandale House, for their years of service on Council.
Mr. Calder also presented Mayor Beres with an inscribed gavel as a token of appreciation for serving as Mayor of the Town of
Tillson burg.
ITEMS OF PUBLIC INTEREST
BY-LAWS
9. By-Laws for the Meeting of November 24. 2014
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT By-law 3861, to confirm the proceedings of Council at its meetings held on the 24th day of November,
2014, be read for a first and second time and this constitutes the first and second reading thereof. C.
Carried.
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
By-Law 3856, to confirm the proceedings of Council at its meetings held on the 24th day of November, 2014, be
given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place
the Corporate Seal thereunto. t'),
Carried.
ADJOURNMENT
1 Moved By: Deputy Mayor Renaud
THAT the meeting be adjourned at 7:37PM
Carried.
Town ofTillsonburg
Approval Received: (1 ofl)
Donna Wi1son/Tillsonburg (Wednesday November 26, 2014 10:09 AM)
http:/ /notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GA/eGenda50.nsf/... 18/06/2015
The Corporation of the Township ofPelee
COUNCIL RESOLUTION
Date: December 1, 2014
Resolution 2014-/ L-j2
Movedby: fjl.{
I
The Corporation of the Township ofPelee hereby reques
eliminating home to home postal services;
WHEREAS Canada Post has proposed a plan to end residential home delivery in Canada;
AND WHEREAS the lack of home delivery will disadvantage many seniors and people
with mobility issues which will be compounded during inclement weather;
THEREFORE BE IT RESOLVED THAT the Township of Pelee does not support the
proposed plan to eliminate residential home to home delivery and herein petition Canada
Post to reconsider this plan immediately and retain this valuable service for communities;
AND FURTHER THAT a copy of this resolutions be forwarded to the Association of
Municipalities of Ontario (AMO), Federation of Canadian Municipalities (FCM),
municipalities on the County of Essex, as well as local MP, MPP and representatives of
Canada Post and its unions to encourage others to speak up against this plan.
RESOLUTION RESULT RECORDED VOTE ~
CARRIED rYES; NO
DEFEATED '---...-/
DEFERRED
REFERRED
PECUNIARY
INTEREST DECLARED
RECORDED VOTE
(SEE RIGHT)
WI~WN
MAYOR -,RICK \VIA SSE / CAO-WAYNE MILLER
'() (Vvv/1 ~----~ -v
The above is a certified to be true copy of resolution number 2014-( 4 2-
'
Wayne Miller ~---~ CAO/Clerk/Treasurer
25 November, 2014
Canada Post
955 Highbury Ave
London, ON
N5Y 1A3
Att: Deepak Chopra, Chief Executive Officer,
Andy Paterson, Municipal Relations,
Dean Woronski, President, CUPW,
and
Ontario Municipalities (viae mail)
Re: Reconsider Decision to Eliminate Home to Home Postal Delivery
Please note that the Corporation of the County of Huron passed the following motion at the
November 24th meeting:
Moved by: Councillor Van Diepenbeek and Seconded by: Councillor Vincent
THAT:
The Council ofthe County of Huron approve the following motion:
WHEREAS Canada Post has proposed a plan to end residential home delivery in Canada;
AND WHEREAS the lack of home delivery will disadvantage many seniors and people
with mobility problems and will be compounded during inclement weather;
THEREFORE BE IT RESOLVED THAT the County of Huron does not support the proposed
plan to eliminate residential home to home delivery and herein petition Canada Post to
reconsider this plan immediately and retain this valuable service for communities.
AND FURTHER THAT a copy of this resolution be forwarded to the Association of
Municipalities of Ontario (AMO), Federation of Canadian Municipalities (FCM),
municipalities in Ontario, as well as to our local MP, MPP and representatives of Canada
Post and its unions to encourage others to speak up against this plan.
OFFICE OF THE WARDEN
Corporation of the County of Huron, 1 Court house Square, Goderich, Ontario N7 A 1M2 CANADA
Tel: 519.524.8394 Fax: 519.524.2044 Toll Free: 1.888.524.8394 (519 area only) www.huroncounty.ca
To:
Rural Ontario
Municipal Association Repre$8.nling Rural Ontario
December 1, 2014
REQUEST FOR NOMINATIONS for the 2015-2019 ROMA Board
To be elected at the 2015 Annual Conference
From:
Heads and Members of Council
Ron Eddy, ROMA Chair
Please be advised that in accordance with the Rural Ontario Municipal Association's
Policies and Procedures, the Chair is requesting nominations for Zone Representatives
to the 2015-2019 ROMA Board. The term of the ROMA Board is four years.
In order to qualify for nomination and election for Zone Representative position, the
attached Nomination Form must be received by the deadline. These Zone
Representatives serve on the ROMA Board along with elected members of the AMO
Rural Caucus.
Attached please find:
• A Nomination Form
• A list of the current ROMA Board
• Click here for a link to the Zone map and list of zone municipalities:
http://www.roma.on.ca/About-Us/Zone-Map.aspx
The names of all qualified individuals who are duly nominated will appear on the
ballot for election to the ROMA Board. All candidates will be contacted to confirm
their nomination and will be sent further information as to the election process.
Zone Representative nominations must be submitted no later than 4:00p.m. on
Monday, january 26, 2015 to:
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, ON M5H 3C6
Fax: (416) 971-6191
Attention: Pat Vanini, Executive Director
If you have any questions, you may e-mail pvanini@amo.on.ca
This information is available on the ROMA website www.roma.on.ca and the AMO
website www.amo.on.ca
Rural Ontario
Municipal Association Reproooriling Ruml Dnteoo
MEMBERS OF THE 2011 -2015 ROMA BOARD
OFFICERS
Chair:
Immediate Past Chair:
First Vice Chair:
Second Vice Chair:
ZONE REPRESENTATIVES
Zone 1:
Zone 2:
Zone 3:
Zone 4:
Zone 5:
Zone 6:
Zone 7:
Zone 8:
Zone 9:
AMO RURAL CAUCUS*
Ron Eddy, Mayor, County of Brant
Bill Vrebosch, Mayor, Township of East Ferris
vacant
Chris White, Mayor, Township of Guelph Eramosa
Bill Bilton, Councillor, Township of Dawn-Euphemia
Chris White, Mayor, Township of Guelph Eramosa
Ron Eddy, Mayor, County of Brant
Allan Thompson, Regional Councillor, Region of Peel
vacant
Jim Sheedy, Councillor, Township of Laurentian Valley
vacant
vacant
Bill Vrebosch, Mayor, Township of East Ferris
Ron Eddy, Mayor, County of Brant
Ronald Holman, Mayor, Township of Rideau Lakes
Bill Vrebosch, Mayor, Township of East Ferris, Caucus Chair
Chris White, Mayor, Township of Guelph Eramosa
Chris Wray, CAO/Cierk-Treasurer, Municipality of Wawa
* AMO Rural Caucus positions on the AMO Board of Directors effective August 2014 to August 2016
NOTICE
The Government of Ontario
Process for Ministers' and Parliamentary Assistants' Delegations at the
OGRAIROMA Combined Conference
Sunday February 22 -Tuesday February 24, 2014
Toronto, Ontario
Individual Ministers and Parliamentary Assistants are being asked to participate in municipal delegations.
Please note that not all Ministers and Parliamentary Assistants will be taking delegations. If your
municipality wishes to meet with a Minister or Parliamentary Assistant, we ask that you complete and
submit the online form. Please note all request forms must include the name of a contact person who is
knowledgeable about the issue and available to respond to ministry inquiries in a timely manner.
The Ministry of Municipal Affairs and Housing (MMAH) will respond to delegation requests for the Minister
of Municipal Affairs and Housing. MMAH will advise other Ministers and Parliamentary Assistants of
delegation requests and decisions on delegations will be made and given to you by the Ministers
requested. To assist in expediting your delegation request, we ask that you use the Municipal Delegation
Request Form rather than going through your MPP or directly to the Ministers' Offices.
In order to facilitate municipalities in planning their delegation schedules we will advise municipalities of
their delegation times prior to the conference. As a result, no delegation requests will be accepted
after the DEADLINE of FRIDAY, January 16, 2014.
Municipalities will be contacted by the respective Ministries about their requests and, if applicable, the
meeting time and location, approximately one week before the Conference.
To request a delegation meeting with a Minister, please include all the issues that you wish to discuss
with that Minister on a single form. If you are requesting delegation meetings with more than one Minister,
each meeting request should be made on a separate form. We ask that delegates not meet with more
than one Minister on a given issue. To make the most of the delegation time available (delegations
usually run 15 minutes}, please ask to discuss your issue only with the Minister or Parliamentary Assistant
responsible for that issue.
Thank you.
Vinothini Kajendran
Municipal Programs and Education Branch
Ministry of Municipal Affairs and Housing
Telephone: 416-585-6280
E-mail : vinothini.kajendran@ontario.ca
Ministry of Cltlilenshlp,
Immigration and International
Trade
Ontario Honours and Awards
Secretariat .
400 University Avenue, 41h Floor
Toronto, Ontario M7A 2R9
November 2014
Dear friends:
Mlnlstt\re des Affalres clvlques, de
!'Immigration et du Commerce
international
Secretariat des distinctions et prix
de !'Ontario
400, avenue University, 4° etage
Toronto (Ontario) M7A 2R9
f')r--
t?ontario
I am pleased to invite you to participate in two of Ontario's volunteer recognition programs for 2015.
The Ontal'io govemment recogllizes voltinteers from all sectors through the following programs:
The Ontario Medal fot• Young Volunteel's w presented to young volw1teers between the ages of 15
and 24 for their actions and dedication to improve the quality of life in their communities and
beyond.
Deadline for nominations is Janua•'Y 15
The Ontario VoluntccJ• Se1·vice Awal'ds -in recognition of continuous years of service to a single
community organization.
Deadline for nominations is January 25
Nomination forms and additional information are available on the Ministry of Citizenship,
Immigration and Intemational Trade website at W\VW.ontario.ca/honoursandawards
You may also contact the Ontario Honours and A wards Secretariat by phone at:
416w314-7526 or lw877-832-8622; by ITY at 416w327w2391.
Please take this opportunity to nominate volunteers for the appropl'iate awat·d program and feel free to
share this letter with othet·s that would be interested in participating in these worthwhile programs.
By submitting a nomination, you can help ensme that volunteers receive the recognition they deserve:· .
Additionally, please find a bookmark enclosed which invites you to visit the ServiceOntario for
Not-for-profits site, a new government resource to help stal't and manage not-for-profits.
Thank you for participating.
Y Olll"S tmly,
Michael Chan
Minister
42.054A
Long Point Region Conservation Authority
4 Elm St., Tillsonburg, Ontario N4G OC4
519-842-4242 or 1-888-231-5408 ·Fax 519-842-7123
Email: conservation@lprca.on.ca • www.lprca.on.ca
November 14, 2015
David Calder, Chief Administrative Officer
Town of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg ON N4G 5A7
File:1.4.5.1
Re: 30-Day Notice to Affected Municipalities -2015 Draft LPRCA Budget
Dear Mr. Calder,
At a Special Board of Directors meeting held on Wednesday, November 12th, the Draft 2015
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. 2015 Draft Consolidated Budget Summary
2. 2015 Draft Statement of Operations
3. Four-year Draft Capital Budget 2015-2018
4. LPRCA Draft 2015 Municipal Levy-Consolidated
5. Five Year Summary by Municipality of Levy Apportioned by CVA%
6. Capital Levy by Municipality Apportioned by CVA%
Assuming you receive this letter in a timely fashion, LPRCA would expect any comment
regarding the Draft 2015 Budget to be forwarded to this office no later than noon, Friday,
December 19th, 2014.
The weighted vote for the Final2015 LPRCA Budget will take place the evening of
Wednesday, January 141h, 2015 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.
~ ~
A Member of Conservation Ontario
Long Point Region Conservation Authority
Draft Statement of Operations
Draft 2015 Budget
Budget Budget Increase Contribution
2014 2015 over2014 (to) from Increase to
$ Reserves Levy
Program:
Watershed Planning and Technical Services 208,895 217,325 8,430 7,632
Watershed Flood Control Services 277,631 287,437 9,806 9,806
Healthy Watershed Services 265,011 267,481 2,469 3,724
Communication and Marketing Services 149,919 117,245 (32,674) (32,674)
Backus Heritage and Education Services 487,937 508,587 '20,650 28,877
Public Forest Land Management Services 220,522 222,183 1,661 (37,817) No levy
Private Forest Land Management Services 143,767 210,507 66,740 No levy
Conservation Parks Management Services 597,286 619,378 22,092 (167,640) No levy
Other Conservation and Land Management Service~ 419,785 431,721 11,936 26,718 8,095
Corporate Services 8321808 861,132 28,325 423,685 33,346
Total Program Expenditures 3,603,660 3,742,996 139,436 244,946 58,807
Objects of Expenses:
Staff Expenses 2,348,538 2,405,173 56,635
Staff Related Expenses 63,251 60,365 {2,886)
Materials and Supplies 317,887 346,828 28,941
Purchased Services 812,247 858,445 46,198
Equipment 13,975 23,225 9,250
Other 47,662 48,960 1,298
Total Expenditures 3,603,560 3,742,996 139,436
Sources of Revenue:
Municipal Levy-Operating 1,076,330 1,135,137 58,807
Provincial Grants 131,143 124,974 (6,169)
Federal Grants 16,719 16,842 123
User Fees 1,802,593 1,847,682 45,089
Community Support 375,994 373,414 (2,579)
Contribution from Reserves 200,781 244,946 44,165
Total Revenue 3,603,660 3,742,996 139,436
Attachment 2
LPRCA Draft 2015 MUNICIPAL LEVY· CONSOLIDATED
LEW AMOUNTS PER CAPITA PER CAPITA
MUNICIPALITY OPERATING CAPITAL TOTAL (Watershed) (Municipality)_
Haldimand County $164,510 $25,229 $189,739 $13.70 $6.13
Norfolk County $600,471 $92,089 $692,560 $13.72 $13.03
Norwich Twp. $72,039 $11,048 $83,087 $12.54 $9.28
South-West Oxford Twp. $23,772 $3,646 $27,418 $14.32 $4.30
Tillson burg $147,688 $22,650 $170,337 $12.97 $12.97
Total Oxford County $243,499 $37,343 $280,842
Brant County $67,630 $10,372 $78,002 $15.75 $2.52
Bayham Municipality $50,983 $7,819 $58,802 $10.44 $10.44
Malahide Township $8,044 $1,234 $9,278 $13.23 $1.32
$1,135,137 $174,086 $1,309,223 $13.46 $7.95
Increase over 2014 $58,807 $43,886 $102,693
Per Capita Increase over 2014 $0.60 $0.45 $1.06
Attachment 4
~-,./
2015 Draft Ca12ital lerl Bll: Munici12alitll Aggortioned bl£ CVA %
LPRCA
Haldimand Norfolk Nonllrich South-West Brant Bayham Malahide
Project County County Township Oxford Twp. Ti!lsonburg County Municipality Township Total
Watershed Flood Control Services
Dam Studies and Repairs $ 12,753 $ 46,551 $ 5,585 $ 1,843 $ 11,449 $ 5,243 $ 3,952 $ 624 $ 88,000
Bi!;;ky~ H§r!mg§ §.nd Educ§.tion Services
TINO Village Log Cabins Repair and Chimney Repairs $ 1,159 $ 4,232 $ 508 $ 168 $ 1,041 $ 477 $ 359 $ 57 $ 8,000
Conservation Parks Management Services
Waterford North CA Gatehouse $ 5,797 $ 21,159 $ 2,538 $ 838 $ 5,204 $ 2,383 $ 1,797 $ 283 $ 40,000
Other Conservation and Land Management Services
Vehicle Replacement ( 1 pick-up) $ 3,172 $ 11,577 $ 1,389 $ 458 $ 2,847 $ 1,304 $ 983 $ 155 $ 21,886
Corporate Services
SWOOP $ 1,739 $ 6,348 $ 762 $ 251 $ 1,561 $ 715 $ 539 $ 85 $ 12,000
Computer Upgrades $ 609 $ 2,222 $ 267 $ 88 $ 546 $ 250 $ 189 $ 30 $ 4,200
TOTAL $ 25,229 $ 92,089 $ 1_1'-048 $ 3,646 $ 22,650 $ 10,372 $ . 7,819 $ 1,234 $174,086
Attachment 6
a~rdCoun~ ~ growing stronger. .. together
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
To: Mayor and Members of Town of Tillsonburg Council
From: Eric Gilbert, Development Planner, Community and Strategic Planning
Applications for Official Plan Amendment, Draft Plan of
Subdivision and Zone Change
OP 14-06-7; SB 14-03-7; ZN 7-14-08:
Performance Communities Realty Inc.
REPORT HIGHLIGHTS
• The proposed draft plan of subdivision consists of 72 lots for single detached dwellings,
serviced by municipal water and sanitary services, a block for a place of worship, three
blocks for stormwater management purposes, a municipal services block and three (3)
new local streets.
• Generally, the draft plan is consistent with the relevant policies of the 2014 Provincial
Policy Statement and the Official Plan.
• The northeastern portion of the site is currently designated 'High Density Residential' and
is proposed to be re-designated to 'Low Density Residential' to facilitate the development
of single detached dwellings and a place of worship.
• The subject lands affected by the proposed plan of subdivision are required to be rezoned
from 'Future Development Zone (FD)' & 'Minor Institutional Zone (IN1)' to 'Special Low
Density Residential Type 2 Zone (R2-sp)', 'Special Minor Institutional Zone (IN1-sp)' and
'Passive Open Space Zone (OS1)' to recognize the use of the subject lands for low
density residential development, a place of worship, and a stormwater management block.
• Special provisions are being sought to permit a R2-sp zoning with increased maximum lot
coverage of 45%, reduced exterior side yard width of 4.5 m for corner lots, and provisions
for reduced rear yard depth of 6.0 m and reduced lot depth for a portion of the draft plan.
Special provisions are also being sought to permit a place of worship as a permitted use,
without a maximum floor area.
• The subject property contains a Significant Valleyland and two unenclosed municipal
drains. An Environmental Impact Study (EIS) was completed as part of the applicant's
submission and was reviewed by a third party environmental consultant. Implementation
of the recommendations received from this study and subsequent review have been
included as conditions of draft plan approval.
Page 1 of 17
PROPOSAL:
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
Applications have been received by the County of Oxford and Town of Tillsonburg to amend the
Official Plan and Town's Zoning By-law to facilitate the development of a residential plan of
subdivision comprising 72 lots for single detached dwellings, a block for a place of worship, 3
stormwater management blocks, a municipal services block, and three (3) new local streets.
The subject lands are located on the west side of Quarter Town Line Road, opposite Glendale
Drive in the Town of Tillsonburg. The proposed draft plan of subdivision comprises two parcels
having an approximate area of 9.36 ha (23.13 ac), immediately east of the Tillsonburg Soccer
Park. The subject lands are currently in agricultural production (cash crops). Two municipal
drains, the Honsburger Drain and Bradburn Municipal Drain are present on the property and
continue south to Stony Creek. A small pond is present on the south eastern portion of the
property that is proposed to be decommissioned and returned to a natural watercourse.
Surrounding uses include the Tillsonburg Soccer Park immediately adjacent to the west, single
detached dwellings on larger lots to the south, an elementary school (Monsignor J. H. O'Neil) to
the east, low density residential development to the east and north east, a place of worship to
the north east and vacant land to the north that is currently being cropped. The driveway of the
the Tillsonburg Soccer Club is present at the northern boundary of the site and the former
CASO Railway is further to the north.
The proposed draft plan of subdivision will include three (3) new local streets, including an
extension of Glendale Drive and a crescent and cul-de-sac. As indicated on Plate 4, the
proposed plan of subdivision will also include a block for a place of worship, and a stormwater
management block encompassing the existing pond and a 15 m buffer which will be dedicated
to and maintained by the Town.
An Environmental Impact Statement (EIS) was also submitted by the owners as the subject
lands are located adjacent to significant valleylands and two open municipal drains that provide
flow for Stoney Creek. The study was peer viewed and the recommendations included in the
EIS that relate to the proposed applications are summarized below:
• Establish a 15 m setback of upland vegetation on either side of Honsburger Municipal
Drain protected by a temporary fence during construction and a permanent fence
following construction;
• Eliminate the existing pond to return the channel to a more natural configuration;
• Enhance the function of the Honsburger Municipal Drain as a wildlife corridor by
enriching tree and shrub diversity through plantings of native species;
• Incorporation of a salt management plan, setback design and stewardship measures to
reduce potential for surface water contamination within the Storm Water Management
Plan;
• Soil erosion to be minimized during grading and topsoil stripping through the use of
sediment fencing, hydroseeding and proper storage of topsoil;
• Including the Honsburger Municipal Drain and 15m setback within the proposed Passive
Open Space (OS1) Zoning and the block to be dedicated to the Town;
• Permit possible culvert installation within Block 73 (proposed church site) to enclose the
Bradburn Municipal Drain;
• Permit the extension of Glendale Drive through a portion of a relatively small,
unevaluated wetland located adjacent to Quarter Town Line within the Honsburger
Municipal Drain;
Page 3 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
Section 1.1.2 of the Provincial Policy Statement (PPS) directs that sufficient land shall be made
available through intensification, redevelopment and if necessary, designated growth areas, to
accommodate an appropriate range and mix of employment opportunities, housing and other
land uses to meet projected needs for a time horizon of up to 20 years.
Section 1.4.1 of the PPS sets out policies which are intended to provide for an appropriate
range of housing types and densities required to meet projected requirements of current and
future residents. To accommodate this, planning authorities shall maintain at all times the ability
to accommodate residential growth for a minimum of 10 years through residential intensification,
redevelopment and if necessary, lands which are designated and available for residential
development.
Section 1.6 directs municipalities to efficiently utilize existing infrastructure and public service
facilities prior to the establishment of new facilities.
Section 2.0 (Wise Use and Management of Resources) states that Ontario's long term
prosperity, environmental health and social well-being depend on protecting natural heritage,
water, agricultural, mineral and cultural heritage resources for their economic, environmental
and social benefits. As such, natural heritage features and areas shall be protected for the long
term, and development and site alteration shall not be permitted on adjacent lands unless the
ecological function of the adjacent lands has been evaluated and it has been demonstrated that
there will be no negative impacts on the natural features or on their ecological functions.
Official Plan
The subject lands are designated 'Low Density Residential' and 'High Density Residential'
according to the Town of Tillsonburg Residential Density Plan, as contained in the County of
Oxford Official Plan. As shown on Plate 3, the north east corner of the property is designated
'High Density Residential' and the balance of the subject lands is designated 'Low Density
Residential'. The applicant is proposing to designate the entire site 'Low Density Residential'.
Section 3.2.3 (Natural Heritage System) states that it is an objective of the Official Plan to
protect and enhance the features comprising the Natural Heritage System by prohibiting
incompatible development and controlling the environmental effects of development.
Finally, the policies of Section 1 0.3.3 (Plans of Subdivision and Condominium) provide that
County and Town Council will evaluate applications for a plan of subdivision on the basis of the
requirements of the Planning Act, as well as criteria including, but not limited to, the following:
• Conformity with the Official Plan;
• The availability of community services such as roads, water, storm and sanitary sewers,
waste disposal, recyclable collection, public utilities, fire and police protection, parks,
schools and other community facilities;
• The accommodation of Environmental Resources and the mitigation of environmental
and human-made constraints;
• The reduction of any negative effects on surrounding land uses, transportation networks
or significant natural features;
• The design of the plan to be integrated into adjacent developments, and;
• The design of the plan is to be compatible with the natural features and topography of
the site, and proposals for extensive cut and fill will be discouraged.
Page 5 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
• The post development runoff co-efficient shall be reviewed and revised to correspond to
the proposed re-zoning of the property. The applicant is requesting an R2 zone with an
increased lot coverage up to 45%. Adding in driveways and walkways the runoff co-
efficient will be C=0.55 or more. Also, ensure an appropriate runoff co-efficient is used
for Block 73.
• In the final SWM design, incorporate a 3 meter safety bench, maintenance access with
turnarounds (offset from property line and capable of supporting hydraulic loading),
sediment forebay, and berming as required to achieve the required flow length and
ratio. The area of the SWM facility may have to be increased to accommodate the
required features. Please refer to Table 4.6: Wet Ponds, SWM Planing & Design
Manual, MOE 2003.
• Provide hydraulic calculations for the culvert crossing on Glendale Drive. The culvert
material for this crossing shall be concrete.
• The relocation of the Bradburn Drain, through the Block 73 will be addressed during the
site plan stage, and will require the appropriate processes under the Drainage Act.
• The pro-rated cost of connecting to the water/sewer services that currently serve the
soccer club through the easement are $28,149.94 for the Bethel Temple lands, and
$42,651 for the Bamford lands. These services originally cost $135,000 and the soccer
club paid 50% of the costs.
The Long Point Region Conservation Authority indicated that the proposed development could
potentially have impacts on stormwater drainage, soil erosion and sedimentation. They
recommend that lot grading, soil conservation and stormwater management plans be completed
as conditions of subdivision approval. The final stormwater management pond should provide
enhanced level of quality control as per the provincial standards as well as provide the
appropriate maintenance schedule for the entire stormwater system to ensure continued
efficiency. Staff also requests a post-construction sign off from the consulting engineer to
ensure construction was completed as designed.
The Town of Tillsonburg Building and By-law Services Department indicated that the subdivision
agreement shall include appropriate warning and disclosure clauses that properties adjacent to
the soccer park are subject to noise and lighting levels both existing and in the future related to
this use. The subdivision agreement shall have a requirement that a warning clauses be
included in the property and tenancy agreements and offers of purchase and sale to inform the
occupants of the noise and lighting effects both existing and in the future related to the adjacent
Soccer Park use. Amendments to the Town's Parking By-law may also be warranted to
address possible impacts from the 'Block 7 4' being used as a passenger drop off zone for the
soccer facility.
The Town Director of Recreation. Culture & Parks indicated that the cross section profile of
Block 74 should be done in a way to minimize maintenance year-round and prevent vehicular
access to the Soccer Club. The Recreation, Culture & Parks Department concurs with the
applicant's request to provide cash-in-lieu of parkland for this development rather than a
parkland dedication. Lots adjacent to the soccer park should have a privacy fence that is made
as tall as reasonably possible perhaps using a berm or grade changes as well as fence height.
The County of Oxford Public Health and Emergency Services has indicated that all components
of a sewage system must be located at a distance of at least 15 metres from ponds.
Page 7 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
County should ensure that this type of development is supportive of County and local goals and
targets for intensification and development and can be supported by public facilities and
infrastructure available now and in the future.
Section 1.4.3 states that an appropriate range and mix of housing types and densities shall be
provided to meet projected requirements of current and future residents by promoting densities
for new housing which efficiently use land, resources, infrastructure and public seNice facilities,
and active transportation.
MMAH notes that the proposed amendment is to redesignate the subject lands to /ow-density
housing to accommodate single detached dwellings. MMAH also notes that the Draft Oxford
County Population Housing and Employment Forecasts and Employment Lands Study prepared
by Watson & Associates in December 2013 projects that the average household size will
continue to decrease over the planning horizon due to an aging population. The County and
Town should review the application to ensure that the proposed supports current and future
demand of housing, efficiently uses land, public seNices and infrastructure resources, and
supports a variety of transportation methods.
Section 2.1.1 states that natural features and areas shall be protected for the long term.
Additionally, Section 2. 1.4 states that where natural heritage features exist, no development and
site alteration is permitted unless it has been demonstrated that there will be no negative
impacts on the natural features or their ecological functions. It is noted that a variety of
environmental protection areas, as designated within the County of Oxford Official Plan, exist
within proximity and on the lot of the proposed. The County should consider environmental
protection areas to ensure that natural heritage features are not impacted by development and
site alteration from the proposed application, and avoid or mitigate any impacts where they
exist.
Section 3.1.2 does not pennit development and site alternation within a floodway. It appears
that the eastern portion of the subject land falls within a regulatory flood and fill line. It is
expected that discussion with the ConseNation Authority is conducted prior to any development
or site alteration to mitigate any natural hazards and reduce impacts from development on the
feature, and to obtain approval under their regulatory requirements.
Section 3.1.5 does not permit development in hazardous lands for institutional uses. MMAH
notes that the County of Oxford Official Plan may consider the church to be a minor institutional
use. The proposed site of the church is located on a portion of the subject lands that may be
subject to flooding or erosion hazards. It is expected that discussion with the ConseNation
Authority is conducted prior to any development or site alteration to mitigate any natural hazards
and reduce impacts from development on the feature, and to obtain approval under their
regulatory requirements.
Lastly, the County should ensure that there is an adequate easement connecting the proposed
use directly to a public right-of-way. This is to promote efficient development, land use patterns,
and cost-effective development. The County should also consider access to the proposed
subdivision for fire and emergency seNices.
Canada Post has requested conditions be imposed on the development to ensure that the
Community Mailbox facilities are located appropriately, and to ensure that notice is provided to
prospective lot purchasers regarding the location of the said Community Mailbox facilities.
Page 9 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
accommodating an appropriate range and mix of residential and institutional uses to meet long-
term needs.
The maximum net residential density for an individual development in the Low Density
Residential District is 30 units/ha (12 units/ac.) and the minimum net residential density shall be
15 units/ha (6 units/ac.). Based on the review of the present application, the density is
18 unit/ha (7units/ac.) and is a form of residential development envisioned in the Official Plan
policies.
ii) Plan of Subdivision
With regard to subdivision design, it should be noted that the proposed lot fabric and lot sizes
are similar to other developments in Town including Park Place and Reynolds' Way. Given the
existing single detached residential lots to the east in the Brookside Subdivision, Park Place,
and existing development along Glendale Avenue, the proposed subdivision will be compatible
with existing residential neighbourhoods.
The western boundary of the subdivision will be adjacent to the Tillsonburg Minor Soccer Club
and their facilities, including a club house and a number of soccer pitches. The applicant will be
required to fence the boundary of the residential lots with a 1.8 m (6') wooden privacy fence,
and will provide a pedestrian connection to the soccer facility through proposed Block 74.
Disclosure clauses, warning future homeowners of possible light impacts from the soccer light
standards, impacts of possible stray soccer balls, and noise from the club house and irrigation
equipment will be included in the offers of purchase and sale and be clauses in the subdivision
agreement, registered on title.
Town staff and the applicant have engaged the soccer club in a number of meetings since the
applications were submitted with a view of determining an acceptable compromise to reduce the
ongoing trespass of soccer balls from leaving the soccer facility and ensure that future
homeowners are aware of the possible inconveniences and disruptions that can be reasonably
expected living adjacent to a seasonal soccer facility.
The Tillsonburg Minor Soccer Club has submitted a letter of objection, outlining their concern
with the proposed development (included as an attachment to this report). In their comments
they have requested a parkland buffer 11.0 m wide (36') representing 5% of the total land area
of the subdivision be dedicated to the Town to provide separation between the soccer pitches
and the residential properties to mitigate stray soccer balls from entering the residential
properties. It is not clear how effective the 11 m buffer will be to prevent stray balls from
entering the residential properties in comparison to a 7.3 m (24') fence constructed on the
present property line. The lands proposed to be developed as part of the subdivision plan have
been designated as low and high density residential lands since the first Oxford County Official
Plan was adopted in 1978 and have been zoned either 'Development' or 'Minor Institutional
Zone' since the adoption of the previous Town Zoning By-Law 1994 in 1977. The residential
development on these lands has been clearly contemplated since 1978.
This application was previously circulated to Town and County staff during pre-consultation
meetings in 2010 and 2014 and was ultimately submitted without a parkland block. The
applicant has submitted copies of an agreement between the Town and the previous owner of
the lands, containing clauses with respect to cash-in-lieu of parkland. The agreement specifies
that parkland dedication is considered to be satisfied on the soccer lands, the lands on the
northern side of the railway right-of-way, and the lands currently owned by 1422880 Ontario Inc.
Page 11 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
Below is a summary table of the applicant's requested zoning for the proposed draft plan of
subdivision:
Proposed Requested Provisions
Zoning
Lots 1-12, 16-R2-10 • 4.5 m (14.76') exterior side yard width in lieu of required
25, 40-49, 55, 7.5 m (24.6');
56, 62-72 • Maximum lot coverage of 45% in lieu of standard
maximum permitted lot coverage of 40%
Lots 13, 26-39, R2-11 • 4.5 m (14.76') exterior side yard width in lieu of required
50-54, 57-61 7.5 m (24.6');
• Maximum lot coverage of 45% in lieu of standard
maximum permitted lot coverage of 40%;
• 6.0 m (19.69') rear yard depth in lieu of required 7.5 m
(24.6');
• Covered decks, patios & porches to be permitted to be
4.5 m (14.76') from rear lot line
Lots 14, 15 R2-12 • Maximum lot coverage of 45% in lieu of standard
maximum permitted lot coverage of 40%;
• 6.0 m (19.69') rear yard depth in lieu of required 7.5 m
(24.6');
• Covered decks, patios & porches to be permitted to be
4.5 m (14.76') from rear lot line;
• Minimum lot depth of 27 m (88.58') in lieu of required 30
m (98.43')
Block 73 IN1-1 • Permit a place of worship with a gross floor area larger
than 650m2 (7,000 ft2)
Block 76 & 77 081
The applicant has stated that the proposed increased permitted lot coverage and reduced
exterior side yard width for all lots within the subdivision will allow for greater flexibility of
housing designs and types, and will allow for covered porches which have been a feature in
many newer homes. The increased lot coverage and impervious surface has been accounted
for in the preliminary storm water management plan. The reduced exterior side yard will be
similar to other properties in Town and is not expected to create any negative impacts as the
lots will all front on local streets and there is sufficient separation between the travelled portion
of the road and the building envelope.
Reduced rear yard depths are being requested for Lots 13-15, 26-39, 50-54, and 57-61. The
reduced rear yard depth will allow the applicant to use varying dwelling designs on lots with
slightly irregular shapes and dimensions that would reduce the building envelope. The applicant
is also requesting special provisions to allow covered decks, patios and porches on these lots to
be located 4.5 m (14.76') from the rear lot line. Town Building and Engineering staff have
reviewed these requests and note that although there will be reduced area available for small
accessory structures (1.5 m net after the 3.0 m drainage easement) they do not have any
concerns with the request.
The reduced lot depth for Lots 14 & 15 has been requested due to the design of the storm water
management pond and required clearances between the pond and the septic system located on
an adjacent residential property outside of the proposed subdivision.
Page 13 of 17
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
Reference Plan 41 R-6637 and Part 4 of Reference Plan 41 R-6678, being Part Lot 8,
Concession 11, (Dereham), Town of Tillson burg to redesignate the subject lands from
High Density Residential to Low Density Residential to facilitate the development of a
residential draft plan of subdivision and place of worship;
And further, that the Council of the Town of Tillsonburg advise the County Council that
the Town supports the application for draft plan of subdivision, File No. 58 14-03-7, as
submitted by Performance Communities Realty Inc., prepared by Cyril J. Demeyere
Consulting Engineers, for lands described as Part 1 of Reference Plan 41 R-6637 and
Part 4 of Reference Plan 41R-6678, being Part Lot 8, Concession 11, (Dereham), Town of
Tillsonburg, showing 72 lots for single detached dwellings, three stormwater
management blocks, a municipal servicing block, place of worship block, and three new
local streets, subject to the following conditions being met prior to final approval of the
plan for registration:
1. This approval applies to the draft plan of subdivision, submitted by· Performance
Communities Realty Inc. (File SB 14-03-7) as prepared by Cyril J. Demeyere Limited
(dated December 1, 2014) and Kim Husted Surveying, as shown on Plate 5 of Report
No. 2014-267, comprised of land described as Part 1 of Reference Plan 41R-6637 and
Part 4 of Reference Plan 41 R-6678, being Part Lot 8, Concession 11, (Dereham), in the
Town of Tillsonburg, and showing 72 lots for single detached dwellings, a block for a place
of worship, two road widening blocks, a municipal service block, and three blocks for
stormwater management purposes, all served by 3 (three) new local streets.
2. The owner agrees in writing to satisfy all requirements, financial and otherwise, of the
Town of Tillsonburg and County of Oxford regarding the construction of roads, installation
of services, including the water, sewer, electrical distribution systems, sidewalks and
drainage facilities, payment for the existing watermain and sewer services, and other
matters pertaining to the development of the subdivision in accordance with the standards
of the Town of Tillsonburg and County of Oxford.
3. Prior to final approval by the County, such easements as may be required for utility or
drainage purposes shall be granted to the appropriate authority.
4. The subdivision agreement shall be registered to the satisfaction of the Town of
Tillson burg against the title of the lands to which it applies.
5. The road allowances included in the draft plan of subdivision shall be dedicated as public
highways.
6. The streets included in the draft plan shall be named to the satisfaction of the Town of
Tillsonburg.
7. Prior to the final approval by the County, all lots/blocks shall conform to the zoning
requirements of the Town of Tillsonburg Zoning By-Law. Certification of lot areas, lot
frontages, and lot depths shall be obtained from an Ontario Land Surveyor retained by the
developer.
8. Prior to final approval, the owner agrees in writing to satisfy all the recommendations in
Summary Recommendations of the Environmental Impact Study (dated November 5,
2014) prepared by Jeff Thompson Environmental Planning and Design Limited., and all
recommendations from the peer review of the EIS prepared by Natural Resource
Solutions Inc., regarding the restoration, construction, design mitigation and monitoring of
the proposed development on matters relating to the preservation of the adjacent
Page 15 of 17
\
I
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Report No: CASPO 2014-267
COMMUNITY AND STRATEGIC PLANNING
Council Date: December 8, 2014
Prior to final approval, the owner agrees in writing to satisfy all requirements of Union Gas
Limited regarding necessary easements and/or agreements for the provision of gas
services and any other matters pertaining to the development of the subdivision.
Prior to final approval, the owner agrees in writing to satisfy the requirements of Canada
Post Corporation with respect to advising prospective purchasers of the method of mail
delivery, the location of temporary Centralized Mail Box locations during construction and,
the provision of public information regarding the proposed locations of permanent
Centralized Mail Box locations.
Prior to the approval of the final plan by the County of Oxford, the owner shall satisfy
Condition Number 9 to the satisfaction of the County of Oxford and the Town of
Tillson burg.
Prior to the approval of the final plan by the County of Oxford, the owner shall provide to
the County clearance from the Tillsonburg Hydro Inc. that Condition Number 18 has been
met to their satisfaction. The clearance letter shall include a brief statement detailing how
the condition has been satisfied.
Prior to the approval of the final plan by the County of Oxford, the owner shall provide to
the County clearance from Union Gas Limited that Condition Number 20 has been met to
their satisfaction. The clearance letter shall include a brief statement detailing how the
condition has been satisfied.
Prior to the approval of the final plan by the County of Oxford, the owner shall provide to
the County clearance from the Long Point Region Conservation Authority that Condition
Number 16 have been met to their satisfaction. The clearance letter shall include a brief
statement detailing how the condition has been satisfied.
Prior to the approval of the final plan by the County of Oxford, the owner shall provide
clearance to the County from Canada Post Corporation that Condition Number 21 has
been met to their satisfaction. The clearance letter shall include a brief statement detailing
how the condition has been satisfied.
Prior to the approval of the final plan by the County of Oxford, the owner shall provide
clearance to the County from the Town of Tillsonburg that Conditions 1, 2, 3, 4, 5, 6, 7, 8,
9, 13, 14, 15, 16, 19 have been met to their satisfaction. The clearance letter shall include
a brief statement for each condition detailing how each has been satisfied.
Prior to the approval of the final plan by the County of Oxford, the owner shall secure
clearance from the County of Oxford Public Works Department that Conditions 2, 10, 11,
12, and 13 have been met to their satisfaction. The clearance letter shall include a brief
statement for each condition detailing how each has been satisfied.
This plan of subdivision shall be registered within three (3) years of the granting of draft
approval, after which time this draft approval shall lapse unless an extension is authorized
by the County of Oxford.
SIGNATURES
Authored by: original signed by Eric Gilbert, MCI P RPP,
Development Planner
Approved for Submission: original signed by Gordon K. Hough, MCIP, RPP
Director, Community and Strategic Planning
Page 17 of 17
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0 39
NAD_1983_UTM_Zone_17N
Plate 2: 2010 Air Photo
File Nos. OP 14-06-7 & 8814-03-7 & ZN 7-14-08-Perrofmance Realty Communities Inc. ._,_..)'
Part Lot 8, Concession 11 (Dereham), Part 4 of 41 R-6678, Part 1 of 41 R-6637, Town of Tillsonburg
79Meters 0
Legend
Parcel Lines
-Property Boundary
Assessment Boundary
-Unit
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AREA SUMMARY
DEDIC.I.lW STREETS -(Q.EH>IJ..E DillE. O!ESCENT 'A', OOJRT'il')
STDRNliATIRI.L\/UtDIDHACCESS
DRAFT PLAN OF SUBDIVISION
PART 1 OF REFERENCE PLAN 4-1R-6637 AND
PART 4-OF REFERENCE PLAN 4-lR-6678
BEING PART OF
LOT 8 CONCESSION 11 GEOGRAPHIC TOIINSHIP OF DEREHAM
TOliN OF TILLSONBURG
COUNTY OF OXFORD
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45% lot coverage
6.0 m rear yard
~4.5 m exterior side yard~
~45% lot coverage
6.0 m rear yard
27 m lot depth
SUR'o'E'I'Cft'SCEiinntATE
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NOTE: DIIOIIAI.IXtlTOURS SHOI'fi mou. VARIOUS RECENTC.lll AN) Kill tfo.ISTEO SUIM:'rS
'----
OP 14-06-7, SB 14-03-7, ZN 7-14-08-Performance Communities Realty Inc.
Site Photos
Figure 1-View of Subject Lands (Facing west from Quarter Town Line Road)
Figure 2-View of Subject Lands (facing west from Quarter Town Line Road)
OP 14-06-7, SB 14-03-7, ZN 7-14-08-Performance Communities Realty Inc.
Site Photos
Figure 5-View of Property Boundary between Subject Lands and Soccer Facility (facing south)
2
that the Town has been helpful is the Road Dept with filling in pot holes and plowing the roadways in the winter
as per the terms ofthe initial Agreement signed with the Town.
The main drawback to acting independently and without burden on Town Staff appears to be the fact that we
can be overlooked.
On Nov 8, 2014 the Board of Directors received a copy of a Draft Plan for the rezoning and development of the
property adjacent to the eastern boundary of the Soccer Park. It was communicated to the Board that our
comments would need to be received by Nov 28, 2014 in order to be included in the County Planner's report
that would be presented to Town Council on Dec 8, 2014 at which time the developer would be seeking Draft
Plan Approval.
The Board is concerned that the Draft Plan for the adjacent proposed development is not being implemented
with consideration of the negative immediate and long-term impact that it will have on our established facility.
We have concerns both about the process and lack of consultation that we have experienced, as well as some
concerns related to specific matters identified within the Draft Plan itself.
In regards to the process and lack of proper consultation, here are our main concerns:
1. We were not consulted by Town Staff in the initial planning stages and our interests were not
adequately represented by Town Staff purporting to act on our behalf.
2. We were not consulted early enough and have not been provided with enough time to have our
concerns adequately addressed or to seek counsel on matters that will affect us.
3. Town Staff decision to receive cash from the developer in lieu ofthe 5% parkland reserve would be
short-sighted and not in the best interests of the community.
In regards to specific matters related to the Draft Plan, here are our main concerns:
1. The developer should have established a parkland buffer zone along the western boundary of the
development which is adjacent to the eastern boundary of the Soccer Park. This would provide a clear
delineation between the Soccer Park lands and the adjacent development and would help mitigate the
risks associated with having residents living close to the Soccer Park boundary. There would be enough
land available from the 5% parkland reserve to establish an 11m x 430m buffer zone. We believe that an
11m wide buffer zone would be adequate and should be part ofthe Draft Plan will ultimately be
approved.
2. The developer should have to establish adequate fencing along the western boundary of the
development to ensure there is no risk to new residents. The requirements will vary depending on the
configuration of the development and the amount of buffer zone established between the residential
properties and the Soccer Park grounds. If there is an 11m buffer zone established (as per point 1
above) then a 1.8m (6ft) privacy fence would likely be adequate. If there is absolutely no separation
from the Soccer Park grounds (as shown in the Draft Plan) then a 7.3m (24ft) fence would be required.
3. There should be a clause included in the approval agreement that developer is to register on Title that
all properties in the new development are located next to an established Soccer Park facility and will be
exposed to: light trespass from existing and future high mast lighting, noise trespass from events at the
clubhouse (a licensed facility), high levels of traffic and noise during game nights and tournaments, 24hr
4
elected to make decisions on behalf of the Soccer Park and without consultation of the Board of Directors, is an
indication that the Town is willing to assume all responsibility and accountability for these decisions. If the Draft
Plan is to proceed as presented then we will require the Town to issue the Board of Directors a clear
communication that a 'Hold Harmless' clause will be issued for the Soccer Park members and Board of Directors.
Essentially we would expect the Town to promise to take responsibility to resolve all issues involving adjacent
land owners including any costs associated with fencing, damages to property, personal injury, and all other
issues and costs related to and arising out of issues involving the shared boundary. Town Staff may wish to
consult their own legal counsel in order to fully understand their obligations. It is expected that the Soccer Park
will receive this communication from the Town prior to the approval of the Draft Plan.
We realize that there has been substantial turnover of staff at the Town in the past few years and it is quite
likely that most of the staff that are now responsible to review and approve this Draft Plan were not involved in
the earlier consultations and decision making surrounding this project. We hope that Town staff will not try to
push through the approval without proper consideration for the long-term interests of our community. The
Soccer Park is a long-term stakeholder in our community and we simply want to ensure that the decisions the
Town is making are in the best interests of everyone.
In conclusion, we are volunteers who represent the interests of over 1000 soccer players and their families and
we want to help ensure that the safety of our members and neighbours, as well as the beauty of the Soccer
Park, is given due consideration. In the future, we expect to be consulted earlier in the process to ensure that
we have adequate time to assess the impact and respond to matters that affect our interests.
In regards to the Draft Plan proposal that is currently under review, we request that Town Council reject the
Draft Plan in its current form in order that the concerns raised in this letter can be addressed. We believe that
our recommendation to include an 11m wide buffer zone between the adjacent properties is in the best
interests of all parties involved. We realize that this would require a redesign of the Draft Plan in order to
establish a buffer zone from the available 5% parkland reserve, and we realize that this will delay the developers
schedule, however we believe that this is the best way to proceed in order to adequately address the concerns
outlined in this letter and help ensure that a great long-term plan is what is ultimately approved.
Sincerely,
Board of Directors -TIIIsonburg Minor Soccer Club
President-Sebastian Fardella; Vice-President-Wayne Beard; Secretary-Dan Develter; Treasurer-Clayton
Collver; Directors-George Ambrus, Wendy Dube, Rob Fabi, Mark Locker, Carlos Oliveira, Michael
Papaioannou
Tillson burg Minor Soccer Club, PO Box 276, 275 Quarterline Rd, Tillsonburg ON, N4G 4H5
.tmsc@execulink.com
www.tillsonburgsoccer.ca
Dec 2, 2014
Town Council and Senior Staff
Town of Tillsonburg
Corporate Office
200 Broadway St., 2"d Floor
Tillsonburg, ON
N4G SA7
Dear Town Council and members of Senior Staff,
The following has been prepared in response to the Tillson burg Minor Soccer Club's {TMSC)
letter dated Nov 24, 2014 to Town Council and Senior Staff regarding the current draft plan
application for "Glendale West" lands. Please consider the following information as you make
the necessary preparations towards your decision.
Primary and Critical Elements of Consideration
Primary Issue-Reducing this situation to its primary issue (from which all other issues and
discussions arise) is the challenge of containing the TMSC's land use activities within their
property boundaries.
Liability-It is the TMSC's responsibility to mitigate their own liability when it comes to their
activities.
Obligations-The Planning Act does not require the developer ofthe adjacent lands to assist the
TMSC with their liability obligations.
Recommended Approach by Town Staff-At the meeting on Nov 24, 2014 it was suggested by
Town staff for TMSC to make a presentation to the Town requesting assistance with the ongoing
challenge of containing the land use activities within their property boundaries.
Desire for a Collaborative Solution
We are confident that a collaborative approach would offer a reasonable and productive solution
to the challenge facing the TMSC. However, in order to achieve a collaborative solution all parties
must acknowledge and accept their individual obligations and responsibilities. Each land owner
must address their responsibility to follow national, provincial and local laws, bylaws and
procedures. The recommendation of the TMSC for Town Council and Senior Staff to reject the
Draft Plan Application of the Glendale West lands in its current form does not acknowledge nor
accept any burden of responsibility on their organization. Furthermore, it attempts to shift,
accountability and responsibility to all other parties associated with this situation.
Bamford Homes, Bethel Pentecostal Church and Hayhoe Homes have offered to collaborate with
the TMSC to find a solution for their challenge of containing the TMSC's land use activities within
their property boundaries. This offer to find a collaborative solution was conditional upon their
acknowledgment of what is clearly their responsibility to mitigate their own liability of activities
on their property.
Unfortunately, the TMSC has refused our offers and have chosen to maintain their
uncompromising recommendation they have outlined in their letter to council and town staff
dated Nov 24, 2014.
No Equipment Retrieval Agreement
It is not clear if the TMSC recognizes or appreciates the kindness and grace of adjacent land
owners. Bamford Homes and Bethel Pentecostal Church are not aware of any preexisting or
current arrangement to allow the TMSC to retrieve their balls from our properties. A meeting
took place on Nov 17, 2014 with representatives of the TMSC, Hayhoe Homes, Bethel
Pentecostal Church, Town of Tillson burg, Tillson burg Hydro and the County of Oxford in
attendance. It was brought to our attention that the TMSC is fully aware of a common practice
for the players using their soccer fields to cross the current fence dividing the properties, and
enter the property owned by Bamford Homes and Bethel Pentecostal Church to retrieve their
wayward soccer balls. It was inferred that because the lands adjacent to the TMSC are currently
being used as farmland it was appropriate or acceptable to trespass on private property. It was
evident that the TMSC has misinterpreted a lack of resistance from the adjacent landowners as
an approval to circumvent their legal obligations to make the necessary arrangements to ensure
adjacent property is respected, regardless of its current usage.
3
The decision to reject the Draft Plan Application for the Glendale West lands and accept the
proposal put forward by the TMSC would continue to take advantage of the current land owners
by 'giving' the Soccer Club the land they have used without permission, in order to assist them in
an effort to mitigate their liability arising from their activities.
Objectivity-avoiding the appearance of special privilege
The TMSC have indicated that they are an independently owned and operated organization.
However, their frustration of not being informed or consulted during the planning and
development of private property could lead one to believe that they are intimating there is an
agreement of special consideration between the Town of Tillson burg and the Soccer Club. We
have contacted all registered land owners. The lands to the west of our proposed development
are owned by the Town of Tillsonburg. Furthermore, we have searched title and there are no
registered documents on title which provide us with any further direction (ie. lease agreements,
etc.) If there is an agreement that would require the Town of Tillsonburg, a developer or land
owners to consult with the Soccer Club during planning and design it would be helpful if this
document was made available to review. To the best of our knowledge, all conduct by the land
owners, developer and town representatives have proceeded in an appropriate manner within
the boundaries of their obligations. Therefore, if there isn't such an agreement of special
consideration, and all obligations have been met, an acceptance of the current proposal by the
TMSC could be interpreted as a decision made granting special privilege and has the potential of
creating a problematic precedence for future decision making.
The decision to reject the Draft Plan Application for the Glendale West lands and accept the
proposal put forward by the TMSC would have to be made in direct disregard of the primary
issue, that the TMSC is directly responsible to find a solution for their challenge of containing
their activities (ie. wayward soccer balls) within the boundaries oftheir property.
We trust that this response provides you with the additional information necessary to make an
holistic and informed decision.
Respectfully yours,
Brent Shepherd
Bethel Pentecostal Church
(Pentecostal Assemblies of Can.)
John Bamford
Bamford Homes
(1422880 Ontario Inc.)
Will Hayhoe and Tom Looby
Hayhoe Homes
(Performance Communities Inc.)
AMENDED PUBLIC NOTICE
pursuant to Sections17(15}, 34(12}, and 51(20) of the Planning Act, R.S.0.1990 as amended
APPLICATIONS FOR OFFICIAL PLAN AMENDMENT DRAFT PLAN OF SUBDIVISON
AND ZONE CHANGE
County of Oxford
P.O. Box 1614, 21 Reeve Street
Woodstock, Ontario N4S 7Y3
Telephone: (519) 539-9800
TOWN OF TILLSONBURG
200 Broadway, 2nd Floor
Tillsonburg, Ontario N4G 5A7
Telephone: (519) 842-9200
DATE: November24, 2014 FILE: OP 14-06-7, SB 14-03-7 & ZN 7-14-08
1422880 Ontario Inc. and
Pentecostal Assemblies of Canada
Purpose and Effect of the Proposed Official Plan Amendment, Draft Plan of Subdivision, and Zoning
By-Law Amendment
The Town of Tillsonburg and the County of Oxford have received applications to amend the Official Plan and the
Town's Zoning By-law to facilitate the development of a residential plan of subdivision comprising 72 lots for single-
detached dwellings, two storrnwater management blocks and one block for a future place of worship.
The amendment to the Official Plan proposes to change the designation of a portion of the subject lands from High
Density Residential to Low Density Residential and to remove the 'Proposed School' symbol. The purpose of the
application for zone change is to establish appropriate zoning for the intended uses. The applicant proposes to
establish a Special Low Density Residential Type 2 (R2-sp) with a reduced exterior side yard, increased lot
coverage, and reduced rear yard depth (6.0 m) applicable for proposed lot numbers 13-15,26-39, 50-54, and 57-
61. A Special Minor Institutional Zone (IN1-sp) is proposed to allow for a place of worship on Block 73.
The subject lands are described as Part Lot 8, Concession 11 (Dereham), Part 4 of 41 R-6678 & Part 1 of 41 R-
6637, Town ofTillsonburg. The lands are located on the west side of Quarter Town Line, lying between the former
CASO Railway and Fairway Hills Boulevard.
Public Meeting
The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed Zoning By-Law
amendment, draft plan of subdivision and official plan amendment on:
Date:
Time:
Place:
Monday, December 8, 2014
6:00PM
Town Council Chambers, 200 Broadway, 2nd Floor
Town Centre Mall, Tillsonburg
The Council of the County of Oxford will hold a public meeting to consider the proposed Official Plan
amendment and draft plan of subdivision on:
Date:
Time:
Place:
Wednesday, January 14,2015
9:30AM
Council Chamber, Oxford County Administration Building
21 Reeve Street, Woodstock, Ontario
Please be advised that a sign language interpreter is available to attend the Public Meeting held at the County of
Oxford. Where the services of a sign language interpreter are required, arrangements must be made with the
Community and Strategic Planning Office at least seven (7) days in advance of the meeting. You can contact the
Community and Strategic Planning Office at 519-539-9800 or via e-mail at planning@oxfordcountv.ca
You are invited to attend the public meetings, and we would welcome your comments or suggestions either in
writing or presented in person at the meetings.
Other Planning Act Applications: None
Please be advised that Council may approve, modify or refuse the requested Official Plan amendment, draft plan of
subdivision or zone change at the meeting. If you do not attend or.are not represented at the meeting, Council may
proceed and may not advise you of any proposed modifications. If an Official Plan amendment, draft plan of
subdivision or by-law is approved, notice of passing of the amendment or by-law will be mailed or published in a
local newspaper.
If a person or public body that files an appeal of a decision of the County of Oxford I Town of Tillsonburg in respect
of the proposed Official Plan amendment, draft plan of subdivision or zoning by-law does not make oral
submissions at a public meeting or make written submissions to the County of Oxford I Town of Tillson burg before
the proposed Official Plan amendment, draft plan of subdivision or zoning by-law is adopted, the Ontario Municipal
Board may dismiss all or part of the appeal.
Plate 1: Location Map with Existing Zoning ~--'OrdCount~ ~ ~~vwing stronger. .. together
File Nos. OP 14-06-7 & 8814-03-7 & ZN 7-14-08-Performance Realty Communities Inc.
~-~ ~!(
Part tot 8, Concession 11 (Dereham), Part 4 of41R-6678, Part 1 of41R-6637, Town ofTillsonburg
j
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Parcal Lines
Property Boundary
Asseasment Bounday
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Environmental
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August 13, 2014 , .. ' 1 ~> 1 '
BUFFER ZONE TO BE CREATED
FROM PARKLAND RESERVE
50fc, of 9.45ha = 1.17ac
1.17ac = 4,738.5sqm
4, 738.5sqm = 11.0m x 430.8m
2.5m 5.0m
11.0m
BUFFER
ZONE
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Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATIONS:
STAFF REPORT
FINANCE
Additional Reserve Contribution
FIN 14-44
Darrell Eddington
COUN CIL MEETING
DECEMBER 8, 2014
2014 PROJECTED ADDITIONAL CONTRIBUTIONS TO
RESERVES
BY-LAW 3779 RESERVE POLICY
THAT Council receives report FIN 14-44 Additional Reserve Contribution.
AND THAT Council approves the additional estimated 2014 contribution to
reserves in the amount of $332,364.
EXECUTIVE SUMMARY
Council approved By-Law 3779 in November 2013, see attached, that established and
defined the Town's Reserve policy. 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 were established and approved
by Council at the time the 2014 Business Plans and Budgets were adopted. In addition,
there were reserve items approved by Council throughout 2014. However, as a result of
projects being carried forward to 2015, there are certain items that are being carried
forward to future periods that need to be contributed to reserves, and therefore, require
Council approval. Examples of those items, as per the attached 2014 projected additional
contributions to reserves, are proceeds on the disposition of assets, incomplete capital
projects, or an anticipated Building departmental surplus , and amount to an additional
recommended reserve contribution of $332,364.
FINANCIAL IMPACT /FUNDING SOURCE
N/A.
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3779
A BY -LAW to adopt the Town ofTillsonburg Reserve Policy.
WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt
and maintain policies 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.
AND WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of
adopting the Reserve Policy.
THEREFORE the Council of the Town ofTillsonburg enacts as follows:
1. THAT the Reserve 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 25th day of November, 2013.
Read a Third and Final Time and passed this 9th day of December, 2013.
DEPUTY MAYOR-Mark Renaud
Town Clerk-Donna Wilson
Title:
Report No.:
Author:
Meeting Type:
STAFF REPORT
FINANCE
Bank Signing Authorities
FIN 14-43
DARRELL EDDINGTON
COUNCIL MEETING
Council/Committee DECEMBER 8, 2014
Date:
Attachments:
RECOMMENDATION
THAT Council receives report FIN 14-43 Bank Signing Authorities.
THAT Council appoints the following as designated signing authorities for the
Town's general banking needs:
Mayor Stephen Molnar or Deputy Mayor Dave Beres; and one of the
following:
Director of Finance/Treasurer, Darrell Eddington; or
Manager of Finance, Andrew Jones.
EXECUTIVE SUMMARY
To obtain Council approval with designated bank signing authorities.
BACKGROUND
When a bank signing authority changes, Council must re designate the Town's bank
signing authorities.
FINANCIAL IMPACT /FUNDING SOURCE
None.
APPROVALS
CAO
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
STAFF REPORT
OPERATIONS SERVICES
Ontario Community Infrastructure Fund, Formula-Based
Component
OPS 14-19
Kevin De Leebeeck, P.Eng., Director of Operations
COUNCIL MEETING
DECEMBER 8TH 2014
NONE
THAT Council receive Operations Report OPS 14-19 Ontario Community Infrastructure Fund formula-
based component,
AND THAT Council approve the use of funding to complete asset management projects to support the
continuing development of the Town's Asset Management Plan.
AND THAT Council authorize Mayor and Clerk to execute the Ontario Community Infrastructure Fund -
Formula-Based Funding Contribution Agreement with Her Majesty the Queen in Right of Ontario and
associated by-law 3862.
EXECUTIVE SUMMARY
In August 2014 the Ontario Government released the Program Manual for the Ontario Community
Infrastructure Fund (OCIF). The OCIF program includes $50 million per year in application-based
funding and another $50 million per year in stable, predictable formula-based funding as the Provincial
Government's continued support under the Municipal Infrastructure Strategy for strong communities.
Further to Operations Report OPS 14-16 which outlined the process for the application-based funding
component of the OCIF program, this report addresses the formula-based component of the OCIF
program.
On November 191h 2014 the Town received confirmation of eligibility under the OCIF formula-based
program in the amount of $54,870 for the next three years. Further discussion with Ministry staff indicated
that if the entire allocation is not spent in the year it is received, the following years allowance would be
reduced by the difference not used in the previous year. Ministry staff also indicated that multiple
projects can be identified for the same year to ensure the entire allocation is utilized.
Projects eligible for the formula-based component of the OCIF program must be critical core
infrastructure such as roads, bridges, water, or wastewater projects however, projects that support the
continuing development of a municipality's asset management plan are also eligible. Asset Management
projects include financing strategy, asset management strategy, desired levels of service, and state of
local infrastructure projects including asset condition assessments.
Title:
Report No.:
Author:
Meeting Type:
STAFF REPORT
RECREATION, CULTURE & PARKS
BRIDGES AT TILLSONBURG TOBOGGANING
AGREEMENT RENEWAL 2014-2015
RCP 14-34
RICK COX
COUNCIL MEETING
Council/Committee DECEMBER 10, 2014
Date:
Attachments: • Tobogganing Agreement
RECOMMENDATION
THAT Council receive Report RCP 14-34 -Bridges at Tillson burg Tobogganing
Agreement Renewal 2014-2015 for information; and
THAT Council authorize staff to operate the facility for the 2014-2015 season.
EXECUTIVE SUMMARY
The shared use agreement between the Town and The Bridges at Tillsonburg Golf
Course for a toboggan hill requires confirmation from both parties on an annual
basis.
BACKGROUND
As part of the Bridges at Tillson burg Tobogganing Agreement (attached) Town staff
must seek approval from the Board of Directors at the Bridges on an annual basis
to ensure that a tobogganing facility can be set up on the golf course. The new
ownership of the Golf Course has agreed through email correspondence to renew
the Agreement for 2014-2015 without change to the conditions.
In 2013, the Town's insurance company conducted a risk management analysis of
the toboggan hill and made some recommendations. These practices were put in
place for the 2013-2014 season and will continue for the 2014-2015 season.
Town staff use covered straw bales covered in bright coloured garbage bags to
create the border for the area. Parks staff complete regular inspections of this
facility and correct any unsafe conditions that may arise.
CONSULTATION/COMMUNICATION
The renewal of the Agreement has been in discussion with the owners of the Golf
Course in person and via email.
FINANCIAL IMPACT
The Agreement requires that the Town pay The Bridges at Tillson burg an annual fee
of $1.00 to use the designated area of the golf course. This fee is funded in the
2014 Parks Division budget.
RCP 14-34-Bridges at Tillsonburg Tobogganing Renewal2014-2015.docx 1/2
Title:
Report No.:
Author:
Meeting Type:
STAFF REPORT
RECREATION, CULTURE & PARKS
TRANS-CANADA TRAIL EXPANSION VIA SOUTH OXFORD
LINK
RCP 14-42
RICK COX
COUNCIL MEETING
Council/Committee DECEMBER 10, 2014 Date:
Attachments:
RECOMMENDATION
• PRS 13-12 Tillsonburg Regional Trail Expansion
Opportunity
• Map 3.13 Proposed Priority Projects
THAT Council receive Report RCP 14-42 -Trans-Canada Trail Expansion via the
South Oxford Link for information; and
THAT Council agrees in principle with entering into a partnership with the Township
of Norwich, the Township of Southwest Oxford, and the County of Oxford for the
purpose of applying for funds to establish the South Oxford Link; and
THAT the partnership agreement and the requirement for Town funds come back to
Council for approval in 2015.
EXECUTIVE SUMMARY
There are two time-sensitive opportunities to secure funding to establish a Trans-
Canada Trail link between Tillsonburg and Delhi using the County-owned rail
corridor. A preliminary design has been completed and approval is needed from
the Town of Tillson burg for the County of Oxford to submit applications for these
funds as a collaboration with Town, the Township of South-West Oxford (SWOX),
and the Township of Norwich.
BACKGROUND
In 2013, Council authorized staff to continue discussions about developing regional
rail trail linkages to Tillsonburg. (Report PRS 13-12). RCP staff has been
participating in discussions with the County, Trans-Canada Trail (TCT), the Oxford
Trails Council, and staff from neighbouring municipalities about these links.
The Trans-Canada Trail organization is aggressively pursuing completion of their
Trail from Coast to Coast in time for Canada's sesquicentennial in 2017. The
project under discussion would fill the gap between Tillsonburg and Delhi using the
County-owned former rail corridor in Oxford County and using road-based
connections in Norfolk County. This link is identified as a near-term priority in the
recently adopted Oxford County Trails Master Plan. (see attached map). It is also
identified as a future link in the 2009 Tillsonburg Trails Master Plan.
RCP 14-42-Trans-Canada Trail Expansion via the South Oxford Linkdocx 1/3
The detail of the partnership between the four municipal entities requires much
further discussion before an agreement can be brought forward for Council's
consideration. However, because of the imminent funding application deadlines
staff at each municipality is seeking approval from their respective Council to
support the County's submission of the applications. In each case the approval
would be with the understanding that no final commitment has been made and that
an Agreement for the funding and operation of the trail is yet to be arrived at.
While there is a very small stretch of this current project within the boundaries of
the Town of Tillson burg, it is reasonable to consider a three-way split with Norwich
and SWOX. The exact proportion of the split is part of the negotiations.
SWOX addressed this project at their Council meeting on December 2, and their
decision was to authorize the joint application but not to make a financial
commitment to the project. Norwich is addressing this proposal on December 9.
CONSULTATION/COMMUNICATION
There has been extensive consultation with the County of Oxford, Trans-Canada
Trail, the Oxford County Trails Council, the Township of Norwich and the Township
of South-West Oxford.
FINANCIAL IMPACT
One third of the local share of the proposed project is $120,000. This can be
comprised of cash and in-kind contributions, and there is discussion about making
the contribution possible over 3-5 years. If Council supports this project in
principle, the funding applications will be submitted with a Tillsonburg contribution
listed as conditional. Further investigation is required to determine how much, if
any, of the Tillsonburg share could be in-kind rather than cash.
COMMUNITY STRATEGIC PLAN CCSPl IMPACT
Goal 4.2 of the CSP looks to the Department to continue implementation of the
Community Parks Recreation & Cultural Strategic Master Plan (SMP).
Recommendations 6.4 & 6.5 of the SMP speak to the continued expansion of the
trail network to facilitate connectivity and active transportation modes.
APPROVALS
Director
Name/Signature
Finance
Name/Signature
CAO
Name/Signature
Rick Cox
Director of Recreation, Culture &
Parks
Darrell Eddington
Director of Finance
David Calder
RCP 14~42-Trans-Canada Trail Expansion via the South Oxford Link.docx 3/3
DATE:
Dec 2, 2014
DATE:
Dec 2, 2014
DATE:
Dec 2, 2014
STAFF REPORT
PARKS AND RECREATION SERVICES
Title: TILLSONBURG REGIONAL TRAIL EXPANSION
Report No.: PRS 13-12
Author: KELLY J. BATT
Meeting Type: COUNCIL MEETING
Council/Committee JUNE 12, 2013
Date:
Attachments: • Regional Trail Expansion Route
RECOMMENDATION
RESOLVED THAT Council receive Report PRS 13-12 Tillsonburg Regional Trail Expansion
Opportunity;
FURTHER RESOLVE THAT Council authorize Town staff to take a leadership role in regional
trail expansion by initiating conversations with stakeholders and evaluating funding
opportunities.
EXECUTIVE SUMMARY
Tillsonburg has an extensive trail system and continues to invest in trail development. An
opportunity to enhance linkages through Tillsonburg as part of the regional trail network
has been identified and staff are asking for Council approval to take a leadership role in
regional trail expansion.
BACKGROUND INFORMATION
In early 2013, staff from the Trans Canada Trail {TCT) organization approached PRS staff
with the idea of establishing a trail from Norfolk to Tillsonburg to bridge a gap in the TCT.
Currently, TCT offers a program to fund 50% of the cost for approved trail projects and
are bringing forward a program offering 70% funding. TCT also provides 100% funding for
design work of approved trail projects and have identified this potential connection as one
of their short-term priorities to meet TCT's 2017 completion target.
The Tillsonburg Trails Master Plan (2009) identifies potential expansion of the local trail
system along the rail corridor (Phase 4.2). Oxford County is in the process of securing
ownership of the former CASO rail line through Oxford County. This 32km route is being
considered as a regional trail connection in the County Trails Master Plan process now
underway. Capitalizing on upcoming TCT funding announcements is key to financing this
new trail linkage in the short term. The CASO line runs through Tillsonburg just south of
and parallel to North Street and would bring trail users right into the existing trail network
as well as add connections to the northern retail section of Broadway Street and the
soccer park.
PRS 13-12-Tillson burg Regional Trail Extension Opportunity.docx 1/2 CAO
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
STAFF REPORT
FINANCE
Insurance RFP
FIN 14-45
Darrell Eddington
COUN CIL MEETING
DECEMBER 8, 2014
Attachments: FRANK COWAN INSURANCE RFP RESULTS
RECOMMENDATIONS:
THAT Council receives report FIN 14-45 Insurance RFP as information.
EXECUTIVE SUMMARY
The Town issued an insurance request for proposal (RFP) on September 23, 2014 to the
Frank Cowan Company, BFL Canada Risk and Insurance Services Inc. and Jardine Lloyd
Thompson (JLT) Canada Inc. Ontario Municipal Insurance Exchange was contacted through
their website to determine whether they were interested, however, no response was
received.
The RFP closed on October 28, 2014. The only quotation received was from the Frank
Cowan Company and is attached for Council information. JLT provided a letter on October
28th that stated that they are unable to proved a quotation at this time due to insufficient
information.
FINANCIAL IMPACT /FUNDING SOURCE
The RFP resulted in savings of $39,511 for 2015 or 10%.
APPROVALS
Director
Name/Signature
Finance
Name/Signature
CAO
Name/Signature
Darrell Eddington
Darrell Eddington
David Calder
Date: 11/14/14
Date: 11/14/14
Date: 11/14/14
STAFF REPORT
PARKS & RECREATION SERVICES DEPARTMENT
Title: AWARDING SERVICES CONTRACT FOR CIA PROJECT ASSISTANT
Report No.: RCP 14-44
Author: Rick Cox
Meeting Type: COUNCIL MEETING
Council/Committee DEC 8, 2014
Date:
Attachments: • Cultural Improvement Alliance Project Brochure
RECOMMENDATION
THAT Council receives report RCP 14-44 Awarding Services Contract for CIA Project
Assistant as information.
EXECUTIVE SUMMARY
A professional services contract for the work of Project Assistant for the CIA Project is
being awarded to a qualified vendor based on the recommendation of the CIA Project
Steering Committee.
BACKGROUND
In a consortium with the Tillsonburg Arts & Crafts Guild (Station Arts Centre), the
Tillsonburg & District Historical Society and Oxford Creative Connections Inc., an
application for funding from the Cultural Development Fund program was submitted in
September 2013. Funding was approved in March 2014. The project is developing
governance and operational capacity within the cultural sector in Tillsonburg through a
common support network called the Tillsonburg Cultural Improvement Alliance
(CIA).
A steering committee consisting of representation from RCP, the Guild, OCCI, and the
Historical Society is overseeing the project. Funding from each consortium member was
committed as part of the submission.
The CIA Project includes funding for a Project Assistant function which is intended to be
delivered through a professional services contract. The CIA Project Steering Committee
delegated responsibility for the recruitment and recommendation of this contractor to the
Director of Recreation, Culture & Parks and the Culture & Heritage Manager/Curator. A
professional services contract was drafted and reviewed by the Town's legal advisors, and
a copy is attached.
FINANCIAL IMPACT /FUNDING SOURCE
The Funding Agreement approved by the previous Council includes financial commitments
from the Province and from each of the consortium partners over the period of the grant.
The project received approval of Provincial funding for $49,578 over 2 years. In 2014,
RCP 14-44-Awarding services contract for CIA Project Assistant.docx 1/2
ila~rdCoun~ ~ growing stronger. .. together
Office of the C.A.O.!Cierk
P.O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 • Fax: 519-421-4712
Web site: www.oxfordcoun(y.ca
October 31, 2014
MEMORANDUM
TO: Clerks of the Area Municipalities
Copy -Chief Administrative Officers
FROM: Brenda Tabor, County Clerk
SUBJECT: Appointments to Conservation Authorities
This is to advise that the appointment of County representatives to the four Conservation
Authorities having jurisdiction in Oxford County will expire shortly.
Oxford County Council would appreciate it if your Council would recommend the name
of your appointment(s) to the respective Conservation Authority. A copy of the required
appointments is submitted for your information along with correspondence received from
the Grand River Conservation Authority and the Upper Thames River Conservation
Authority.
In accordance with the policy initiated by County Council in 1994, your Council is
encouraged to recommend the name of an elected representative(s) in order to ensure
greater liaison between the Authorities and County Council.
It would be appreciated if you could submit the names of Council's recommended
appointments to me as soon as possible due to the fact the Authorities will be holding
inaugural meetings in the near future.
Your co-operation is appreciated.
Title:
Report No.:
Author:
Meeting Type:
Council/Committee
Date:
Attachments:
RECOMMENDATION
STAFF REPORT
CLERKS OFFICE
COUNCIL APPOINTMENTS TO COMMITTEES & BOARDS
CL 14-33
DONNA WILSON
COUNCIL MEETING
DEC 8, 2014
THAT Council receive Report CL 13-33 Council Appointments to Boards and Committees;
THAT the following appointments shall be for the the current term of council;
THAT be appointed to the Cultural Advisory Committee;
AND THAT be appointed to the Development Committee;
AND THAT be appointed to the Heritage and Beautification & Cemeteries Advisory
Committee;
AND THAT _________ ,be appointed to the Museum Advisory Committee;
AND THAT be appointed to the Parks Recreation Advisory Committee;
AND THAT be appointed to the Business Improvement Area Board and the
Tillson burg Chamber of Commerce;
AND THAT be appointed to the Accessibility Advisory Committee;
AND THAT and be appointed to the Police Service Board;
AND THAT be appointed to the Oxford County Library Board;
AND THAT be appointed to the Tillsonburg Non Profit Housing Corporation;
AND THAT Deputy Mayor Dave Beres and Councillor Jim Hayes be appointed to the Otter Valley Corridor
Committee.
EXECUTIVE SUMMARY
The following is a comprehensive list of the Tillsonburg Advisory Committees as well as Statutory Boards that
require Council appointments for the 2014-2018 term of Council. There are also a few other organizations listed
that require Council appointments for the current Council term.
CAO
Tillsonburg Non Profit Housing
Corporation
Long Point Region Conservation
Authority
Tillsonburg Inc. Board of
Directors
Otter Valley Corridor ittee
Municipal corporation mandated The
County of Oxford to develop and manage
nonprofit housing.
Rental accommodation is provided on a
geared-to-income basis for eligible
households individuals fam
The Long Point Region
Authority has established objectives which
form the basis of the decision making
process associated with regulation
implementation as governed by the
Conservation Authorities Act.
To appoint 3 Shareholder representative to
sit on the Board of Directors of Tillsonburg
Hydro Inc.
To appoint one Council member to the
Committee
The committee looks after the operation,
development and management of the former
Canadian Pacific, Port Burwell Subdivision
Railway for the purpose of a utility corridor
and recreation trail.
One Council
Appointment
ne uncil
Appointment
Three neil
Appointments
Two neil
Appointments
FINANCIAL IMPACT/FUNDING SOURCE
N/A
APPROVALS
Author Name/Signature DONNA WILSON DATE:
Dec.2,2014
CAO/Signature DAVID CALDER DATE:
Dec. , 2014
Finance Name/Signature N/A DATE:
3 D
CAO
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3862
A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario
as represented by the Minister of Agriculture, Food and Rural Affairs.
WHEREAS the Government of Ontario has created the Ontario Community
Infrastructure Fund to: (1) provide stable funding to help small communities
address critical core infrastructure needs in relation to roads, bridges, water and
wastewater; (2) further strengthen municipal asset management practices within
small communities; and (3) help small communities use a broad range of financial
tools to address critical infrastructure challenges and provide long-term support for
rehabilitation and repair of core infrastructure for those in most need.
WHEREAS The Town of Tillsonburg is desirous of entering into an OCIF-Formula
Contribution Agreement with Her Majesty The Queen In Right Of Ontario.
THEREFORE the Council of the Town of Tillson burg enacts as follows:
1. THAT the agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease
agreement on behalf of the Corporation of the Town of Tillson burg.
READ A FIRST AND SECOND TIME THIS 8th DAY OF December, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF December,
2014.
Mayor -Stephen Molnar
Town Clerk -Donna Wilson
OCIF-Formula Based Component File Number: OCIF FC-0294
ONTARIO COMMUNITY INFRASTRUCTURE FUND-FORMULA-BASED COMPONENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
("Ontario")
-and-
The Corporation of the Town of Tillsonburg
(the "Recipient")
WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund
to: (1) provide stable funding to help small communities address critical core infrastructure
needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset
management practices within small communities; and (3) help small communities use a broad
range of financial tools to address critical infrastructure challenges and provide long-term
support for rehabilitation and repair of core infrastructure for those in most need;
AND WHEREAS the Ontario Community Infrastructure Fund is composed of two (2)
components: (1) the Application-Based Component; and (2) the Formula-Based Component;
AND WHEREAS the Formula-Based Component of the Ontario Community Infrastructure Fund
is based on: (1) a municipality's local fiscal circumstances and its total core infrastructure assets
with a minimum grant of twenty-five thousand dollars ($25,000.00), where the recipient is an
eligible municipality; or (2) a grant of twenty-five thousand dollars ($25,000.00), where the
recipient is an eligible Local Services Board;
AND WHEREAS the Recipient is eligible to receive funding under the Formula-Based
Component of the Ontario Community Infrastructure Fund;
NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and
agreements herein and for other good and valuable consideration, the receipt of sufficiency of
which is expressly acknowledges, the Parties hereby agree as follows:
SECTION 1
INTERPRETATION
1.1 Definitions. For the purposes of this Agreement, the following terms shall have the
following meanings described below.
"Aboriginal Group" includes the Indian, Inuit and Metis peoples of Canada or any other group
holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
1
OCIF-Formula Based Component File Number: OCIF FC-0294
"Indemnified Party" means Her Majesty the Queen in Right of Ontario, Her Ministers,
directors, officers, agents, appointees and employees.
"Ineligible Costs" means the costs described under Part E.2 of Schedule "E" of this
Agreement.
"Local Services Board" means a Local Services Board established under the Northern
Services Boards Act (Ontario).
"Minister" means the Minister of Agriculture, Food and Rural Affairs.
"Ontario" means Her Majesty the Queen in Right of Ontario, as represented by the Minister of
Agriculture, Food and Rural Affairs or any other Minister who may have authority to administer
this Agreement, unless the context indicates otherwise.
"Parties" means Ontario and the Recipient.
"Party" means either Ontario or the Recipient, as the case may be.
"Project" means the project described in Part 8.1 of Schedule "B" of this Agreement.
"Project Report" means the document set out under Part 8.1 of Schedule "B" of this
Agreement.
"PSSDA" means the Public Sector Salary Disclosure Act, 1996 (Ontario).
"Requirements of Law" means all applicable statutes, codes, acts, ordinances, orders,
approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses,
authorizations, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project and this Agreement. Without limiting the generality of
the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader
public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public
sector accountability statutes are deemed to be Requirements of Law.
"Term" means the period of time beginning on the Effective Date of this Agreement and ending
on the Expiration Date or the termination of this Agreement, whichever is shorter.
1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and
to the regulations made pursuant to such statute as such statute and regulations may at
any time be amended or modified and in effect and to any statute or regulations that may
be passed that have the effect of supplanting or superseding such statute or regulations.
1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular
capitalized term or other word or phrase shall also apply to the plural form and such
term, word or phrase and vice versa. All references to the masculine gender shall
include reference to the feminine or neuter gender and vice versa in each case as the
context may permit or require.
1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include
the masculine and feminine variations thereof and vice versa and a singular pronoun
3
OCIF-Formula Based Component File Number: OCIF FC-0294
3.2 Ontario's Role Under Agreement Strictly Limited To Providing Funds. The
Recipient acknowledges and agrees that Ontario's role is strictly limited to providing
Funds and that Ontario will have no other involvement in any Project to which Funds are
directed or their subsequent maintenance and operation. Ontario is not a manager,
decision-maker nor an advisor to the Recipient in relation to any Project to which Funds
are directed. Notwithstanding the generality of the foregoing and without limitation, the
fact that Ontario may conduct performance reviews and/or audits as provided for
hereinafter or issues directions under the terms and conditions of this Agreement shall
not be construed by the Recipient as Ontario having a management, decision-making or
advisory role. The Recipient further agrees that the Recipient will not seek to include
Ontario as a decision-maker, advisor or manager of any Project to which Funds are
directed through recourse to a third party, court, tribunal or arbitrator.
3.4 Funds Limited To Specific Projects. The Recipient shall only use the Funds being
provided under this Agreement towards Projects that fall within the category of projects
set out under Schedule "A" of this Agreement and those Projects have been set out
under Part I of the Project Report, as set out under Part 8.1 of Schedule "B" of this
Agreement.
3.5 Recipient To Spend Funds By December 31 Of The Calendar Year. The Recipient
shall spend any Funds provided to it under this Agreement by December 31 of the
calendar year in which the Funds was provided under this Agreement. Where the
Recipient does not spend the Funds it was provided under this Agreement by December
31 of the calendar year in which the Funds were provided, Ontario may Adjust the Funds
that Ontario is providing to the Recipient in the following year by the amount of the
Funds that the Recipient did not spend by December 31 the previous calendar year, plus
any interest that the Recipient earned on those Funds.
3.6 Responsibility For Project. The Recipient acknowledges and agrees that the
Recipient, as opposed to Ontario, is solely responsible for the undertaking,
implementation, completion, operation and/or maintenance of any Project to which
Funds are directed. The Recipient further agrees that the Recipient will not seek to hold
Ontario responsible for the undertaking, implementation, completion, operation and/or
maintenance of any Project to which Funds are directed through recourse to a third
party, court, tribunal or arbitrator.
3.7 Asset Retention. The Recipient shall comply with Part C.7 of Schedule "C" of this
Agreement as it relates to the retention of any assets purchased, rehabilitated or built
with Funds being provided under this Agreement.
3.8 Behavior Of Recipient. The Recipient shall carry out any Project to which Funds are
directed in an economical and business-like manner, in accordance with the terms and
conditions of this Agreement, subject to any reasonable amendments Ontario may agree
to or require from time to time in writing.
3.9 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For
greater certainty, the Parties acknowledge and agree that the entering into this
Agreement does not in any way obligate any regulatory authority established under an
Act of the Ontario Legislature to issue any type of approval, license, permit or similar
5
OCIF-Formula Based Component File Number: OCIF FC-0294
(i) On January 1 of the following calendar year in which the Funds were
provided, or
(ii) Upon the expiry or termination of this Agreement; and
(c) The Recipient receives an overpayment by Ontario and is notified by Ontario of
said overpayment,
within fifteen (15) Business Days of receiving a written demand from Ontario.
4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the
Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal
Year which this Agreement is in effect, Ontario may immediately, without any liability,
cost or penalty and without any prejudice to any other rights or remedies Ontario has
under this Agreement or at law or equity, terminate this Agreement.
4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement,
Ontario may Adjust the Funds being provided under this Agreement.
SECTION 5
PAYMENT UNDER AGREEMENT
5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be
paid from the Funds being provided under this Agreement, the cost or expense:
(a) Must be reasonable;
(b) Must be directly related to the Project in which the Funds are directed;
(c) Must be an Eligible Cost;
(d) Must not be an Ineligible Cost; and
(e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on
or after the Effective Date of this Agreement for the first year and January 1 of
each calendar year this Agreement is in effect and spent by December 31 of the
same calendar year.
5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall
pay any Funds to the Recipient in accordance with Part D.2 of Schedule "D" of this
Agreement.
5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part D.2 of
Schedule "D" of this Agreement, Ontario may withhold the payment of any Funds to the
Recipient until the Recipient has met the following further conditions precedent:
(a) The Recipient has submitted to the Ministry of Municipal Affairs and Housing any
outstanding Financial Information Returns by December 31 of each calendar
year;
(b) The Recipient has submitted to the Ministry a copy of their asset management
plan and any subsequent updates by December 31 of each calendar year
(c) The Recipient has:
(i) Where the Recipient has previously committed to making its asset
management plan publically available under any other agreement it has
entered into with Her Majesty the Queen in Right of Ontario, the Recipient
has made its asset management plan public by:
7
OCIF-Formula Based Component File Number: OCIF FC-0294
SECTION 6
RECIPIENT'S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND
AGREEMENTS
6.1 Recipient's Representations, Warranties And Covenants. The Recipient represents,
warrants and covenants that:
(a) It validly exists as a legal entity, and will continue to exist for the Term of the
Agreement, with full power to perform and observe all of the terms and conditions
of this Agreement and that it will continue to validly exist until the Expiration Date
of this Agreement;
(b) It has the authority and any necessary approvals to enter into this Agreement
and to carry out its terms and conditions and that it is not bound by any other
agreement that would in any way interfere with Ontario's rights under this
Agreement;
(c) Where applicable, it has passed the requisite by-laws to undertake any Project in
which Funds are directed;
(d) It is conducting its business in accordance with all Requirements of Law and it
shall continue to conduct its business in accordance with all Requirements of
Law until the Expiration Date of this Agreement;
(e) It has all permits, approvals, licenses, certificates or other similar documents that
are required to carry out any Project to which Funds are directed or that it will
apply for all permits, approvals, licenses, certificates or other similar documents
before carrying out the Project; and
(f) All information provided to Ontario in relation to any Funds being provided under
this Agreement remains true, correct and complete as of the date this Agreement
is signed in every material respect, except as set out to the contrary herein.
6.2 Governance. The Recipient represents, warrants and covenants that it has and shall
maintain until the Expiration Date of this Agreement all legally necessary instruments to:
(a) Establish a code of conduct and ethical responsibilities for the Recipient;
(b) Establish procedures to ensure the ongoing effective functioning and
continuance of the Recipient until the Expiration Date of this Agreement;
(c) Establish decision-making mechanism;
(d) Provide for the prudent and effective management of any Funds being provided
under this Agreement;
(e) Establish procedures to enable the timely identification of risks that would
interfere with the Recipient meetings its obligations under this Agreement and
strategies to address the identified risks;
(f) Establish procedures to enable the preparation and delivery of all reports under
this Agreement; and
(g) Be responsible for other matters as the Recipient considers necessary to ensure
that the Recipient carries out its obligations under this Agreement.
6.3 Additional Covenants. The Recipient undertakes to advise Ontario within five (5)
Business Days of the occurrence during the Term of this Agreement of any actions, suits
or other proceedings which could or would prevent compliance with the terms and
conditions of this Agreement.
9
OCIF-Formula Based Component File Number: OCIF FC-0294
(g) Non-Owned automobile coverage with blanket contractual and physical damage
coverage for hired automobiles; and
(h) A thirty (30) day written notice of cancellation, termination or material change
clause.
8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The
Recipient acknowledges and agrees that Ontario shall have a priority over any other
Person, including the Recipient, to use or enjoy the benefits of the proceeds from the
insurance required under section 8.1 of this Agreement to pay any claim, suits,
judgments, demands, expenses, actions, causes of action and losses, including, without
limitation, reasonable legal expenses and any claim for a lien made pursuant to the
Construction Lien Act (Ontario) and for any and all liability for damages to property and
injury to persons, including death, that may be brought against Ontario as a result of this
Agreement.
SECTION 9
LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general,
compensatory, incidental, special or consequential damages, or any loss of use,
revenue or profit by the Recipient or the Recipient's officers, servants, employees and
agents arising out of or in any way related to this Agreement.
9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the
Indemnified Party from and against all suits, judgments, claims, demands, expenses
actions, causes of action and losses, including, without limitation, reasonable legal
expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario),
and for any and all liability for damages to property and injury to persons, including
death, which the Indemnified Party may incur, otherwise than by reason of their own
gross negligence or wilful misconduct, as a result of or arising out of or in relation to any
breach by the Recipient of the terms of this Agreement, or the Recipient's own
negligence or wilful misconduct, as a result of or arising out of or in relation to:
(a) The performance of this Agreement or the breach of the terms of this Agreement
by the Recipient, its officers, servants, employees and agents, or by a third party
and any of its officers, employees servants or agents;
(b) The ongoing operation, maintenance and repair of the Project; or
(c) Any omission or other wilful or negligent act of the Recipient, a third party or their
respective employees, officers, servants or agents.
9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and
hold harmless the Indemnified Party form any general, compensatory, incidental,
indirect, special or consequential damage or any loss of use, revenue or profit which the
Indemnified Party may incur or related in any way to this Agreement or the Project in
tort, contract or otherwise other than by reason of their own gross negligence or wilful
misconduct, as a result of or arising out or in relation to:
(a) The performance of this Agreement or any breach of the terms and conditions of
this Agreement by the Recipient, its officers, servants, agents, employees and
Consultants or by a third party and any of its officers, servants, agents or
11
OCIF-Formula Based Component File Number: OCIF FC-0294
10.2 Competitive Procurement Process. The Recipient shall acquire and manage its
equipment, services and supplies, including any construction component, required for
any Project in which Funds are directed through a transparent, competitive process that
ensures the best value for any Funds expended. Without limiting the generality of the
foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001
(Ontario) is applicable, the Recipient shall follow its procurement policies as required
under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board
or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall
ensure that for equipment, services and supplies, the estimated costs of which exceed
twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written
quotes unless Ontario gives prior written approval. The requirement for a competitive
process under this section 10.2 of the Agreement may be waived with prior written
approval by Ontario, if:
(a) The equipment, services or supplies the Recipient is purchasing is specialized
and is not readily available; or
(b) The Recipient has researched the market for a similar purchase within the last
two (2) years and knows prevailing market costs for the equipment, services or
supplies purchased.
10.3 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there
is a conflict between any of the requirements of this Agreement and the requirements of
the BPSAA, the BPSAA shall apply.
10.4 Contracts. The Recipient shall ensure that all Contracts:
(a) Are consistent with this Agreement;
(b) Do not conflict with this Agreement;
(c) Incorporate the relevant provisions of this Agreement to the fullest extent
possible;
(d) Are managed in a way that is transparent, competitive and consistent with value
for money principles
(e) Require that any third parties thereto comply with all Requirements of Law; and
(f) Authorize Ontario to collect, use and disclose in accordance with the
Requirements of Law information and data gathered by the third party in
connection with Project, perform audits of the third party and monitor the Project
as Ontario sees fit.
10.5 Costs Of Contracts Not Awarded In Compliance With This Section May Be
Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in
a manner that is not in compliance with this section 10 of the Agreement, Ontario may,
upon written notification to the Recipient, deem the costs associated with the Contract as
being ineligible for payment from the Funds.
10.6 Goods And Services To Be Procured In Competitive Manner And At Price No
Greater Than Fair Market Value. Despite anything else contained in this section 10 of
the Agreement, the Recipient shall ensure that all goods and services purchased with
any Funds being provided under this Agreement are purchased or acquired at
competitive prices that are no greater than fair market value after deducting trade
discounts and/or any other discounts available to the Recipient.
13
OCIF-Formula Based Component File Number: OCIF FC-0294
commence construction on any aspect of any Project in which Funds are directed for
forty-five (45) Business Days, or such other time as Ontario may direct, after it has
provided Ontario with written evidence that the Recipient has sent notice about any
Project in which Funds are directed to the Aboriginal Groups identified in accordance
with Schedule "F" of this Agreement.
SECTION 12
COMMUNICATIONS
12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the
Communications Protocol set out under Schedule "G" of this Agreement.
SECTION 13
REPORTS
13.1 Project Report. The Recipient shall submit a Project Report for every Project it
proposes to direct Funds under this Agreement toward, as set out under Part 8.1 of
Schedule "B" of this Agreement, to Ontario by the date indicated in Part C.4 of Schedule
"C" of this Agreement and in accordance with the requirements set out under Part 8.1 of
Schedule "B" of this Agreement during the Term of this Agreement. The Recipient shall
follow such reasonable administrative procedures as Ontario may specify from time to
time.
13.2 Annual Financial Report. The Recipient shall submit an Annual Report, as set out
under Part 8.2 of Schedule "8" of this Agreement, to Ontario on the dates set out in Part
C.5 of Schedule "C" of this Agreement and in accordance with the requirements set out
under Part 8.2 of Schedule "B" of this Agreement during the Term of this Agreement.
The Recipient shall follow such reasonable administrative procedures as Ontario may
specify from time to time.
13.3 Additional Reports Upon Request. The Recipient shall, upon Ontario's request in
writing, collect such information and provide such additional reports as Ontario may
specify from time to time during the Term of this Agreement. The Recipient shall provide
any additional reports within ten (10) Business Days of the request, unless the request
provides otherwise.
13.4 Compliance Attestation. The Recipient shall provide a compliance attestation in
accordance with the following when any reports required under sections 13.1 to 13.3 of
this Agreement is submitted:
(a) Where the Recipient is a municipality, the compliance attestation shall be signed
by the Recipient's Administrative Officer/Clerk or Treasurer.
(b) Where the Recipient is a LSB, the compliance attestation shall be signed by the
Recipient's Chair or secretary.
15
OCIF-Formula Based Component File Number: OCIF FC-0294
SECTION 15
DEFAULT AND TERMINATION
15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or
penalty and without prejudice to any other rights or remedies of Ontario under this
Agreement or at law or in equity, terminate this Agreement immediately upon giving
written notice to the Recipient where:
(a) In the opinion of Ontario:
(i) The Recipient has provided false or misleading information to Ontario;
(ii) The Recipient breaches a material term or condition of this Agreement,
where materiality is to be determined by Ontario, in its sole and absolute
discretion, acting reasonably;
(iii) The Recipient breaches a material term or condition of any other funding
agreement it has with Ontario, where materiality is to be determined by
Ontario, in its sole and absolute discretion, acting reasonably;
(iv) The Recipient is unable to continue with any Project in which Funds are
directed or the Recipient is likely to discontinue any Project in which
Funds are directed;
(v) A material adverse change occurs such that the viability of a Recipient as
a going concern is threatened;
(b) The Recipient makes an assignment, proposal, compromise, or arrangement for
the benefit of creditors, or is petitioned into bankruptcy, or files for the
appointment of a receiver; or
(c) The Recipient ceases to operate.
15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an
Event of Default has occurred, Ontario shall have the following remedies:
(a) Ontario shall not have to provide any further Funds under this Agreement;
(b) Ontario may, at is option, terminate this Agreement immediately after any notice
period expires or may, in its sole and absolute discretion, Adjust the Funds,
including a demand to return all Funds provided under this Agreement;
(c) Ontario may avail itself of any of its legal remedies that it may deem appropriate.
15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this
Agreement, Ontario may commence such legal action or proceedings as it, in its sole
and absolute discretion, may deem expedient, without any additional notice under this
Agreement. The rights and remedies of Ontario hereunder are cumulative and in
addition to, and not in substitution for, all other rights or remedies otherwise available to
Ontario at law, equity or under statute.
15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute
discretion, at any time, waive any above-mentioned Event of Default which may have
occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of
such Event of Default unless such waiver is in writing from Ontario. Ontario may also
impose conditions on any waiver it provides under this section 15.4 of the Agreement.
17
OCIF-Formula Based Component File Number: OCIF FC-0294
16.7 Time Is Of The Essence. In the performance and observance of the terms and
conditions of this Agreement, time is of the essence and no extension or variation of this
Agreement shall operate as a waiver of this provision.
16.8 Severability. If any term or condition of this Agreement, or the application thereof to the
Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the
remainder of the Agreement, and the application of such term or condition to the Parties,
persons or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby.
16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any
other person unless the Ontario agrees to the assignment in writing. Ontario may
impose any terms or conditions.
16.10 No Amendment. This Agreement shall not be varied or amended except by a
document in writing, dated and signed on behalf of the Parties.
16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this
Agreement and no provision herein shall be interpreted against one Party by the other
Party because of authorship. No Party shall seek to avoid a provision herein because of
its authorship through recourse to a third party, court, tribunal or arbitrator.
16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint
venturer, partner or employee of Ontario and the Recipient shall not take any actions
that could establish or imply such a relationship.
16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient
pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the
Recipient to carry out the Project. The Recipient represents, warrants and agrees that
under no circumstances shall it enter into any contract or commitment in the name of or
on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms
and conditions of this Agreement or otherwise granted any right or authority to assume
or to create any obligations or responsibility, express or implied, on behalf of or in the
name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner
whatsoever other than as specifically provided under this Agreement.
16.14 Consultants. Ontario acknowledges and recognizes that, in connection with the
carrying out the Project, the Recipient may engage one or more Consultants. Ontario
acknowledges and agrees that the Recipient shall have the sole authority and
responsibility for such employees, agents or Consultants, including the hiring and
termination. The Recipient acknowledges and agrees that the Recipient shall be
responsible for all acts and actions of the Recipient's employees, agents and
Consultants and that all such acts and actions shall be treated as actions of the
Recipient for the purposes of this Agreement.
16.15 Lobbyists And Agent Fees. The Recipient represents and warrants:
(a) Any person hired by the Recipient to speak or correspond with any employee or
other person representing Ontario concerning any matter relating to any Funds
under this Agreement or any benefit hereunder is registered, if required to
register, pursuant to the Lobbyists Registration Act, 1998;
19
OCIF-Formula Based Component File Number: OCIF FC-0294
16.21 Agreement Executed In Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original, but all of which
together, shall constitute one and the same agreement.
16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire
Agreement between the Parties with respect to the subject matter contained in the
Agreement and supersedes all prior oral or written representations or agreements. No
prior document, discussion, negotiation, provision undertaking or agreement in relation
to the subject matter of this Agreement has any legal effect. No representation or
warranty, whether express, implied or otherwise, has been made by Ontario to the
Recipient except as expressly set out in this Agreement.
16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or
early termination shall so survive. Without limiting the generality of the foregoing, the
provisions that shall survive the termination or expiration of this Agreement for a period
of seven (7) years from the Expiration Date or termination of this Agreement, whichever
occurs first, include: sections 3 to 6, 9, 11 and 13 to 15; subsections 1.2 to 1.7, 2.2, 16.5,
16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts C.6 and C. 7 of Schedule "C" of this
Agreement and Schedules "E" and "F"; along with all applicable defined terms within
section 1, all cross-referenced provisions within the foregoing sections, subsections and
Schedules.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented by the Minister of Agriculture, Food and Rural Affairs
Name: George Borovilos Date
Title: Assistant Deputy Minister (A)
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWN OF TILLSON BURG
Name:
Title:
Name:
Title:
AFFIX CORPORATE
SEAL
1/We have the authority to bind the Recipient.
Date
Date
21
OCIF-Formula Based Component File Number: OCIF FC-0294
SCHEDULE "8"
PROJECT REPORT AND ANNUAL FINANCIAL REPORT
PART 8.1 -PROJECT REPORT
The Project Report shall indicate to the Ministry what Project the Recipient will use the Funds
for. The Project Report contains two sections: (1) Proposed Project Reporting Table and (2)
Annual Project Information Update. The Recipient must submit a separate Project Report for
every Project proposed to utilize the Funds.
PROPOSED PROJECT REPORTING TABLE
Section A of the applicable Project Report must be submitted 45 Business Days prior to
the start of any construction or no later than March 31 51 of each calendar year.
Should the Recipient require a revision in the Project set out in the Project Report; the
Recipient shall revise the Project Report and submit an updated Project Report as soon
as possible to the Ministry and prior to any construction being undertaken on the Project.
The Recipient shall note that the Project has been changed from the original Project
Report.
ANNUAL PROJECT INFORMATION UPDATE
Section B of the applicable Project Report must be submitted no later than December
31 51 of each calendar year.
There are two (2) Project Reports:
• Project Report A: Road Resurfacing or Asset Management Projects
• Project Report B: Other Eligible Projects
For Projects involving asset management or road resurfacing, use report "A".
Road resurfacing is defined as a road Project where the land will not be disturbed, altered or
affected through excavation (i.e., no increase in width, change in alignment, etc.) except for the
removal of the current surface and the installation of a new surface.
For all other Projects use report "B".
PART 8.2-ANNUAL FINANCIAL REPORT
The Recipient shall provide an annual financial update to the Ministry in the form prescribed no
later than December 31 51 of each calendar year.
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3. For AssetManagement'Projects-What area did you focus your asset management efforts on?
0 State of local infrastructure (i.e., inventory of assets, valuation of assets, asset condition, etc.)
0 Desired levels of service (i.e., performance measures, targets, timeframes, etc.)
0 Asset management strategy (i.e., action plans, procurement methods, strategy risks, etc.)
0 Financing strategy (i.e., expenditure forecasts, historic comparative analysis, etc.)
4. For Road Resurfacing Projects-As detailed in your asset management plan (AMP), what w;~s the priority of the project using this funding?
DOver due to be completed? ODue to be completed in the next 2-5 years?
ODue to be completed this year? 0 Due to be completed in the next 5+ years?
ODue to be completed in the next year? OWas not detailed in plan, Please specify:
5. Please indicate which ofthe following benefits you have experienced or anticipate for your municipality as a result of the project. Provide details where
possible.
At project Anticipated De'lails completion (1-2 years out)
Asset Management Plan is now a comprehensive 0 Yes 0 No 0 Yes 0 No plan for all core infrastructure
Addressed ~rgent public health and safety issues. 0 Yes 0 No 0 Yes 0 No
Highest priority items in Asset Management Plan 0 Yes 0 No 0 Yes 0 No addressed earlier than planned.
Other?. Please specify. 0 Yes 0 No 0 Yes 0 No
. ,P~W!?t'~!ij~~l~;tlJ,ij.!f~~'fP.f!i!iJ1~f€Q!t~~~t!,~:!i~~:~~::
ActuaiT otal Project Costs Sxxx
Actual Formula Funds Utilized on Eligible Project (from Section A)* $xxx
Closing Balance of Unspent Funds to Date Sxxx
*This dollar value is the amount to be identified in your Annual Financial Report
NOTE: Supporting documentation for any financial figures in this report shall be provided to OMAFRA upon request and should be retained as per Section
11.7 of the Contribution Agreement.
l
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Please provide particulars as to how the requirements have been met under Schedule "F" of the Agreement.
Declaration reauired for all Proieds:
Confirmation provided to the Province of Ontario indicating that there has been no communication from any Aboriginal I 0 Yes ONo
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ONTARIO COMMUNITY INFRASTRUCTURE FUND-FORMULA COMPONENT
PROJECT REPORT B-OTHER ELIGIBLE PROJECTS
Municipality I LSB Name 2T
contact Name 2T Title 2T
Email 2T Phone Number 2T
SECTION A: PROPOSED PROJECT REPORTING TABLE
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t?ontario
I Date 12T
Section A must be filled out and submitted to the ministry 45 Business Days prior to the start ofany construction or no later than March 31.!!. Once the project is
completed or if your annual update is due Section B of this report should be completed. A separate report should be filled out for every project you are planning
to utilize Formula Component Funds for. If plans change and a new project is selected to utilize program Funds, then an updated Project Report is required to be
submitted to the Ministry.
I Mlrt~: j:I~QJ~t;'ii Q~RIP(IQN"IIllf.&R~~TI~N . ' .. -.. ---. , .• ' .
For each project, ensure that the following table is filled out·
Project Type 0 Rehabilitation 0 Replacement 0 Renewal Note : Expansion Projects are not eligible under OCIF
Project Category DWater DWastewater 0 Roads (other than resurfacing) DB ridges Choose only one category
Project Title Insert a project title (no more than 10 words please)
Project Description Insert a description of the project. Historic details are not necessary only what you plan on doing.
Project location Street Address I (include the entire Cross Roads Insert information here City /Town Insert information here
site of work)
longitude Insert information here latitude Insert information here
Estimated Total $Insert dollar value Formula Funds Expected to be Utilized $ Insert dollar value Project Cost
Proposed Start Date Insert date MM/DD/YYYY Proposed Completion Date Insert date MM/DD/YYYY
.PARt 2). C:lti:YT9-·@)N$i.I~J::~E~i\!IE'iiff9.VE$ti~N5L ...•.
These questions are intended to aid the Ministry of Agriculture, Food and Rural Affairs in meeting the Crown's duty to consult Aboriginal Communities.
Aboriginal Communities include the Indian, Inuit and Metis peoples of Canada and any other group having Aboriginal or treaty rights under section 35 of the
Constitution Act, 1982. It is important to note that consultations are an ongoing process. It is possible that Aboriginal Communities have brought or may bring
forward new information in response to notifications that could affect Ontario's consultation obligations. It is important that Ontario be made aware of any new
information so it can remain responsive throughout the consultation process. Please note that the Duty to Consult is relevant to all parts of the province
whether a project is on reserve or municipal owned lands.
Environment & Geography I Does the municipality/LSB own the land, building(s) orwoli<s I Insert response here
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SECTION B: ANNUAL PROJECT INFORMATION UPDATE
This section must be filled out when the above project is completed or annually at a minimum and submitted to the ministry no later than
December 31l!.
I:!JSIIT'1: PRQ.!E'ITO:.t\.Qivn;u:s·
1. What is the. current status of the above project?
D In Progress -Ahead of Schedule D In Progress -On Schedule D In Progress -Behind Schedule D Completed D Not Proceeding
2. Is there any variance. between the project descriptj_on noted above and the actual project completed or in progress?
D No DYes
If Yes, please describe:
3. As detailed In your asset management plan (AMP), what was the priority of the project using this funding?
DOver due to be completed? DDueto be completed in the next 2-5 years?
ODue to be completed this year? D Due to be completed in the next 5+ years?
ODue to be completed in the next year? DWas not detailed in plan, Please specify:
4, Please indicate which of the ,following benefll:s you.have experienced or anticipate for your municipality as a result of the project. Prov.ide
details where possible.
At project Anticipated Details completion (1-2 years out)
Addressed urgent public health and safety DYes D No 0 Yes D No issues.
Highest priority items in Asset Management DYes D No 0 Yes D No Plan addressed earlier than planned.
Other? Please specify. 0 Yes D No DYes D No
-
PART/2: .Fii\IAfli¢1AL·0PMt~fORJIHE;C~R~ij¥~~Q~'~!'AR·
Actual Total Project Costs $xxx
Actual Formula Funds Utilized on Eligible Project (from Section A)• $xxx
Closing Balance of Unspent Funds to Date $xxx
*This dollar value is the amount to be identified in your Annual Financial Report
NOTE: Supporting documentation for any financial figures in this report shall be provided to OMAFRA upon request and should be retained as
per Section 11.7 of the Contribution Agreement.
l
O'l N
OCIF-Formula Based Component File Number: OCIF FC-0294
ANNUAL FINANCIAL REPORT
ONTARIO COMMUNITY INFRASTRUCTURE FUND ·ANNUAl FINANCIAL REPORT
£?ontario
Recipient Name:
Contact Name, Tnle:
Email:
Phone:
FUNDS RECEIVED FROM OCIF FORMULA COMPONENT
(refer to Schedule •o• of your Agreement)
ADDITIONS TO THE FUNDING AMOUNT:
Add: Any Interest earned on tile funds rctelvcd:
(As per section 4.3 of your Agreement, recipients om required to provide the amount, If any, of the interest
eomed on the funds provided. Recipienrs ore responsible tor the coiculorion of interest earned.)
1\dd: 1\ny amount(s) received from another Recipient's OCIF 1\llocatlon:
(Provide nome of Municipoffty/Loca/ Services Board and amount received)
Name of Municipality I LSB
1.
2.
3.
TOTAL RECEIVED FROM OTHER RECIPIENTS:
·---,• : . .-.;..._ ___ ,
SUBTRAcr!QNS FROM THE FUNDED AMOUNT·
Subtract: 1\ny OCIF allocation amount(s) transferred to another Municipality/LSB:
(Provide name of Municipafrty/Lacal Services Board and amount transferred)
Name of Municipality I LSB
1.
2.
3.
TOTAL TRANSFERRED TO OiliER RECIPIENTS:
Subtract: Total formula funds utilized on eligible projects:
(Provide project nome and total fonmuia funds used for the pnaject{s). Projects should match what was submitmd in Section 8 -Part 2
Financial Update section of your required Project Repart(s))
Project Name
1. _,S:_ __ ....:...__
2. _,s~ __ :__
3. _,S:.._ __ ...;__
4. _,s~ __ :..__
5. ...;S;:..._ __ ....:..._
TOTAL FUNDS USED ON ELIGIBLE PROJECIS: ,:.$ ~~~~=
• As per .ection 3.5 of your Agreement, Ontario may adjust the amount provided in the following year by the amount of Funds nor
spent by December 31. If the balance of fund.< Is greater than zero, you must ensure thotyou have provided an amount {or Interest
earned obave.
ATTESTATION BYTREASURERICLERKICHIEF ADMINISTRATIVE OFACER
ey Inserting a name, t~le and date be! low, the Recipient warrants th~t:
1. The information provided herein and in any docurm!nt attached is accurate and complete;
2. Any Interest earned (as noted under 1\dd~ions to the Funding Amount above) has been used for costs associated with eligible projects or
has been remitted to the Mi nlstry; and
3. The Recipient is in compliance w~h all of the terms and cond~ions of the Agreement. ~~~~:e I 'Date
31
OCIF-Formula Based Component File Number: OCIF FC-0294
PART C.6-NOTICE AND CONTACT
C.6.1 Notice And Contact Information. Notices under this Agreement shall be sent to the
following persons at the following addresses:
To Ontario:
Ministry of Agriculture, Food and Rural Affairs
Rural Programs Branch
1 Stone Road West, 4NW
Guelph, Ontario N1 G 4Y2
Attention: Joel Locklin, Manager
Telephone: 519-826-3791
Fax: 519-826-3398
Email: OCIF@ontario.ca
PART C.7 -ASSET RETENTION PERIOD
To Recipient:
The Corporation of the Town of
Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, Ontario N4G 5A7
Attention: David Calder
Telephone: (519) 842-6428
Email: dcalder@tillsonburg.ca
C,7.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds
Under Agreement. The Recipient shall notify OMAFRA in writing of any disposal of
assets purchased by the Funds at least one hundred and eighty (180) Business Days in
advance of the disposition. The Recipient shall not dispose of any assets purchased,
constructed, rehabilitated or improved by the Funds without the prior written consent of
Ontario.
C.7.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated
or built with Funds under this Agreement for a period of five (5) years from the date that
the Project is completed.
33
OCIF-Formula Based Component
PART E.1 -ELIGIBLE COSTS
SCHEDULE "E"
ELIGIBLE AND INELIGIBLE COSTS
File Number: OCIF FC-0294
E.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part E.2 of
this Schedule "E" of the Agreement, Eligible Costs shall only include all direct and
incremental costs that are attributable to the development and implementation of the
Project and are in Ontario's sole and absolute discretion, properly and reasonably
incurred as well as necessary for the Project. Eligible Costs must also be actual,
verifiable cash outlays that are documented through invoices, receipts or other records
that is acceptable to Ontario.
Without limiting the generality of the foregoing, Eligible Costs shall only include the
following:
(a) The capital costs of constructing, rehabilitating, replacing or improving, in whole
or in part, a tangible core infrastructure asset;
(b) Development and implementation of asset management plans (e.g. software,
training and inspections);
(c) All planning and assessment costs, such as the costs of environmental planning,
surveying, engineering, architectural supervision, testing and management
consulting services;
(d) The costs for permits, approvals, licences and other authorizing documents, as
well as inspections and other fees directly attributable to obtaining a permit,
approval, licence or other authorizing document, provided those costs are directly
attributable to the construction and implementation of Project,
(e) The costs for consulting with an Aboriginal Group, including the Recipient's legal
fees, provided they are reasonable, on matters pertaining to the Project,
including the translation of documents into languages spoken by the affected
Aboriginal Group, but does not include any capacity-building funding unless
specifically approved by Ontario in writing prior to being incurred;
(f) The costs of developing and implementing innovative techniques for carrying out
the Project;
(g) The costs of Project-related signage, lighting, Project markings and utility
adjustments;
(h) The costs of joint communication activities, such as press releases, press
conferences, translation and road signage recognition, as described in Schedule
"G" of this Agreement; and
(i) Other costs that are, in Ontario's sole and absolute discretion, direct, incremental
and necessary for the successful implementation of the Project, provided those
costs have been approved by Ontario in writing prior to being incurred.
35
OCIF-Formula Based Component File Number: OCIF FC-0294
SCHEDULE "F"
ABORIGINAL CONSULTATION REQUIREMENTS
PART F.1 -PURPOSE AND DEFINITIONS
F.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural
aspects of consultation from Ontario to the Recipient.
F.1.2 Definitions. For the purposes of this Schedule:
"Section 35 Duty" means any duty Ontario may have to consult and, if required, accommodate
Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982.
PART F.2-RESPONSIBILITIES OF ONTARIO
F.2.1 Ontario's Responsibilities. Ontario is responsible for:
(a) Determining the Aboriginal Groups to be consulted in relation to the Project, if
any, and advising the Recipient of same;
(b) The preliminary and ongoing assessment of the depth of consultation required
with the Aboriginal Groups;
(c) Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d) Directing the Recipient to take such actions, including without limitation
suspension as well as termination of the Project, as Ontario may require;
(e) Satisfying itself, where it is necessary to do so, that the consultation process in
relation to the Project has been adequate and the Recipient is in compliance with
this Schedule; and
(f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of
Aboriginal Groups require accommodation, that Aboriginal Groups are
appropriately accommodated in relation to the Project.
PART F.3-RESPONSIBILITIES OF THE RECIPIENT
F.3.1 Recipient's Responsibilities. The Recipient is responsible for:
(a) Giving notice to the Aboriginal Groups regarding the Project as directed by
Ontario, if such notice has not already been given by the Recipient or Ontario;
(b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the
Project and advising of the details of the same;
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OCIF-Formula Based Component File Number: OCIF FC-0294
Project and reporting to Ontario any comments or questions from the Aboriginal
Groups that relate to potential accommodation or mitigation of potential impacts;
(o) Consulting regularly with Ontario during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to Ontario the
results of such discussions prior to implementing any applicable accommodation
measures;
(p) Complying with Ontario's direction to take any actions, including without
limitation, suspension or termination of the Project, as Ontario may require; and
(q) Providing in any contracts with Third Parties for the Recipient's right and ability to
respond to direction from Ontario as Ontario may provide.
F.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that,
notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having
an approval role in relation to the Project, or any responsible regulatory body, official, or
provincial decision-maker, may participate in the matters and processes enumerated
therein as they deem necessary.
F.3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out
the following functions in relation to record keeping, information sharing and reporting to
Ontario:
(a) Provide to Ontario, upon request, complete and accurate copies of all documents
provided to the Aboriginal Groups in relation to the Project;
(b) Keep reasonable business records of all its activities in relation to consultation
and provide Ontario with complete and accurate copies of such records upon
request;
(c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the
Project;
(d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the
Project and provide copies to Ontario of any documentation received from
Aboriginal Groups;
(e) Advise Ontario in a timely manner of any potential adverse impact of the Project
on Aboriginal or treaty rights or asserted rights of which it becomes aware;
(f) Immediately notify Ontario if any Aboriginal archaeological resources are
discovered in the course of the Project;
(g) Provide Ontario with summary reports or briefings on all of its activities in relation
to consultation with Aboriginal Groups, as may be requested by Ontario; and
(h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to
enter into an agreement directed at mitigating or compensating for any impacts of
the Project on Aboriginal or treaty rights or asserted rights.
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OCIF-Formula Based Component
SCHEDULE "G"
COMMUNICATIONS PROTOCOL
File Number: OCIF FC-0294
This Communications Protocol (Protocol) outlines the respective responsibilities and the
working relationship between the Parties to this Agreement as they relate to all communications
by the Parties regarding funding received in relation to the Project.
PURPOSE
This Protocol applies to all communications activities related to any funding the Recipient
receives under this Agreement. Communications activities may include, but are not limited to:
• Project signage
• Media events and announcements, including news conferences, public announcements,
official events or ceremonies, news releases
• Printed materials
• Websites
• Photo compilations
• Award programs
• Awareness campaigns
PROJECT SIGNAGE
If the Recipient installs a sign at the site of a Project, the Recipient shall, at Ontario's request,
provide acknowledgement of the provincial contribution to the Project. Sign design, content and
installation guidelines will be provided by Ontario.
Where the Recipient decides to install a permanent plaque or other suitable marker with respect
to a Project, it must recognize the provincial contribution to the Project and be approved by
Ontario prior to installation.
The Recipient is responsible for the production and installation of Project signage, unless
otherwise agreed upon in writing prior to the installation of the signage.
MEDIA EVENTS
The Recipient or Ontario may request a media event, announcement or recognition of key
milestones related to Project.
In requesting a media event or an announcement, the Party requesting the event will provide at
least twenty-one (21) Business Days' notice to the other Party of its intention to undertake such
an event. The event will take place at a date and location that is mutually agreed to by the
Parties. The Parties will have the opportunity to participate in such events through a designed
representative. Each participant will choose its designated representative.
All joint communications material related to media events and announcements must be
approved by Ontario and recognize the funding provided by Ontario.
41
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAWNUMBER3865
A BY-LAW to appoint a Manager of Finance/Deputy Treasurer for the Town ofTillsonburg.
WHEREAS the Municipal Act, 200 I, S.O. C 25, allows for the appointment of officers of the
Municipality;
AND WHEREAS The Council of the Corporation of the Town ofTillsonburg deems it is
necessary and expedient to appoint a Manager of Finance/Deputy Treasurer for the
Corporation ofthe Town ofTillsonburg;
THEREFORE the Council of the Town ofTillsonburg enacts as follows:
1. THAT Andrew Jones is hereby appointed as Manager of Finance/Deputy Treasurer.
2. THAT this By-Law is passed pursuant to the Section 286 (2) of the Municipal Act, 2001 S.O.
2001, Chapter 25.
3. Any previously enacted By-Laws which are inconsistent with the purpose and intent of this
By-Law are hereby repealed.
4. This By-Law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 8th DAY OF DECEMBER, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF DECEMBER, 2014.
MAYOR-Stephen Molnar
TOWN CLERK-Donna Wilson
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY -LAW NUMBER 3864
BEING A BY -LAW to confirm the proceedings of Council at its meetings held on the 8th
day of December, 2014
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 special
meeting and regular meeting held on December 8, 2014, with respect to every report,
motion, by-law, or other action passed and taken by the Council, including the exercise of
natural person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to give
effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to
in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents necessary
in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 8TH DAY OF DECEMBER, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8TH DAY OF DECEMBER, 2014.
MAYOR-Stephen Molnar
TOWN CLERK -Donna Wilson
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3862
A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario
as represented by the Minister of Agriculture, Food and Rural Affairs.
WHEREAS the Government of Ontario has created the Ontario Community
Infrastructure Fund to: (1) provide stable funding to help small communities
address critical core infrastructure needs in relation to roads, bridges, water and
wastewater; (2) further strengthen municipal asset management practices within
small communities; and (3) help small communities use a broad range of financial
tools to address critical infrastructure challenges and provide long-term support for
rehabilitation and repair of core infrastructure for those in most need.
WHEREAS The Town of Tillson burg is desirous of entering into an OCIF-Formula
Contribution Agreement with Her Majesty The Queen In Right Of Ontario.
THEREFORE the Council of the Town of Tillson burg enacts as follows:
1. THAT the agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease
agreement on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 8th DAY OF December, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF December,
2014.
Mayor -Stephen Molnar
Town Clerk -Donna Wilson
OCIF-Formula Based Component File Number: OCIF FC-0294
ONTARIO COMMUNITY INFRASTRUCTURE FUND-FORMULA-BASED COMPONENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
("Ontario")
-and-
The Corporation of the Town of Tillsonburg
(the "Recipient")
WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund
to: (1) provide stable funding to help small communities address critical core infrastructure
needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset
management practices within small communities; and (3) help small communities use a broad
range of financial tools to address critical infrastructure challenges and provide long-term
support for rehabilitation and repair of core infrastructure for those in most need;
AND WHEREAS the Ontario Community Infrastructure Fund is composed of two (2)
components: (1) the Application-Based Component; and (2) the Formula-Based Component;
AND WHEREAS the Formula-Based Component of the Ontario Community Infrastructure Fund
is based on: (1) a municipality's local fiscal circumstances and its total core infrastructure assets
with a minimum grant of twenty-five thousand dollars ($25,000.00), where the recipient is an
eligible municipality; or (2) a grant of twenty-five thousand dollars ($25,000.00), where the
recipient is an eligible Local Services Board;
AND WHEREAS the Recipient is eligible to receive funding under the Formula-Based
Component of the Ontario Community Infrastructure Fund;
NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and
agreements herein and for other good and valuable consideration, the receipt of sufficiency of
which is expressly acknowledges, the Parties hereby agree as follows:
SECTION 1
INTERPRETATION
1.1 Definitions. For the purposes of this Agreement, the following terms shall have the
following meanings described below.
"Aboriginal Group" includes the Indian, Inuit and Metis peoples of Canada or any other group
holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
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"Indemnified Party" means Her Majesty the Queen in Right of Ontario, Her Ministers,
directors, officers, agents, appointees and employees.
"Ineligible Costs" means the costs described under Part E.2 of Schedule "E" of this
Agreement.
"Local Services Board" means a Local Services Board established under the Northern
Services Boards Act (Ontario).
"Minister" means the Minister of Agriculture, Food and Rural Affairs.
"Ontario" means Her Majesty the Queen in Right of Ontario, as represented by the Minister of
Agriculture, Food and Rural Affairs or any other Minister who may have authority to administer
this Agreement, unless the context indicates otherwise.
"Parties" means Ontario and the Recipient.
"Party" means either Ontario or the Recipient, as the case may be.
"Project" means the project described in Part 8.1 of Schedule "8" of this Agreement.
"Project Report" means the document set out under Part 8.1 of Schedule "B" of this
Agreement.
"PSSDA" means the Public Sector Salary Disclosure Act, 1996 (Ontario).
"Requirements of Law" means all applicable statutes, codes, acts, ordinances, orders,
approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses,
authorizations, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project and this Agreement. Without limiting the generality of
the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader
public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public
sector accountability statutes are deemed to be Requirements of Law.
"Term" means the period of time beginning on the Effective Date of this Agreement and ending
on the Expiration Date or the termination of this Agreement, whichever is shorter.
1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and
to the regulations made pursuant to such statute as such statute and regulations may at
any time be amended or modified and in effect and to any statute or regulations that may
be passed that have the effect of supplanting or superseding such statute or regulations.
1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular
capitalized term or other word or phrase shall also apply to the plural form and such
term, word or phrase and vice versa. All references to the masculine gender shall
include reference to the feminine or neuter gender and vice versa in each case as the
context may permit or require.
1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include
the masculine and feminine variations thereof and vice versa and a singular pronoun
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3.2 Ontario's Role Under Agreement Strictly Limited To Providing Funds. The
Recipient acknowledges and agrees that Ontario's role is strictly limited to providing
Funds and that Ontario will have no other involvement in any Project to which Funds are
directed or their subsequent maintenance and operation. Ontario is not a manager,
decision-maker nor an advisor to the Recipient in relation to any Project to which Funds
are directed. Notwithstanding the generality of the foregoing and without limitation, the
fact that Ontario may conduct performance reviews and/or audits as provided for
hereinafter or issues directions under the terms and conditions of this Agreement shall
not be construed by the Recipient as Ontario having a management, decision-making or
advisory role. The Recipient further agrees that the Recipient will not seek to include
Ontario as a decision-maker, advisor or manager of any Project to which Funds are
directed through recourse to a third party, court, tribunal or arbitrator.
3.4 Funds Limited To Specific Projects. The Recipient shall only use the Funds being
provided under this Agreement towards Projects that fall within the category of projects
set out under Schedule "A" of this Agreement and those Projects have been set out
under Part I of the Project Report, as set out under Part 8.1 of Schedule "B" of this
Agreement.
3.5 Recipient To Spend Funds By December 31 Of The Calendar Year. The Recipient
shall spend any Funds provided to it under this Agreement by December 31 of the
calendar year in which the Funds was provided under this Agreement. Where the
Recipient does not spend the Funds it was provided under this Agreement by December
31 of the calendar year in which the Funds were provided, Ontario may Adjust the Funds
that Ontario is providing to the Recipient in the following year by the amount of the
Funds that the Recipient did not spend by December 31 the previous calendar year, plus
any interest that the Recipient earned on those Funds.
3.6 Responsibility For Project. The Recipient acknowledges and agrees that the
Recipient, as opposed to Ontario, is solely responsible for the undertaking,
implementation, completion, operation and/or maintenance of any Project to which
Funds are directed. The Recipient further agrees that the Recipient will not seek to hold
Ontario responsible for the undertaking, implementation, completion, operation and/or
maintenance of any Project to which Funds are directed through recourse to a third
party, court, tribunal or arbitrator.
3.7 Asset Retention. The Recipient shall comply with Part C.7 of Schedule "C" of this
Agreement as it relates to the retention of any assets purchased, rehabilitated or built
with Funds being provided under this Agreement.
3.8 Behavior Of Recipient. The Recipient shall carry out any Project to which Funds are
directed in an economical and business-like manner, in accordance with the terms and
conditions of this Agreement, subject to any reasonable amendments Ontario may agree
to or require from time to time in writing.
3.9 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For
greater certainty, the Parties acknowledge and agree that the entering into this
Agreement does not in any way obligate any regulatory authority established under an
Act of the Ontario Legislature to issue any type of approval, license, permit or similar
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OCIF-Formula Based Component File Number: OCIF FC-0294
(i) On January 1 of the following calendar year in which the Funds were
provided, or
(ii) Upon the expiry or termination of this Agreement; and
(c) The Recipient receives an overpayment by Ontario and is notified by Ontario of
said overpayment,
within fifteen (15) Business Days of receiving a written demand from Ontario.
4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the
Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal
Year which this Agreement is in effect, Ontario may immediately, without any liability,
cost or penalty and without any prejudice to any other rights or remedies Ontario has
under this Agreement or at law or equity, terminate this Agreement.
4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement,
Ontario may Adjust the Funds being provided under this Agreement.
SECTION 5
PAYMENT UNDER AGREEMENT
5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be
paid from the Funds being provided under this Agreement, the cost or expense:
(a) Must be reasonable;
(b) Must be directly related to the Project in which the Funds are directed;
(c) Must be an Eligible Cost;
(d) Must not be an Ineligible Cost; and
(e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on
or after the Effective Date of this Agreement for the first year and January 1 of
each calendar year this Agreement is in effect and spent by December 31 of the
same calendar year.
5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall
pay any Funds to the Recipient in accordance with Part D.2 of Schedule "D" of this
Agreement.
5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part D.2 of
Schedule "D" of this Agreement, Ontario may withhold the payment of any Funds to the
Recipient until the Recipient has met the following further conditions precedent:
(a) The Recipient has submitted to the Ministry of Municipal Affairs and Housing any
outstanding Financial Information Returns by December 31 of each calendar
year;
(b) The Recipient has submitted to the Ministry a copy of their asset management
plan and any subsequent updates by December 31 of each calendar year
(c) The Recipient has:
(i) Where the Recipient has previously committed to making its asset
management plan publically available under any other agreement it has
entered into with Her Majesty the Queen in Right of Ontario, the Recipient
has made its asset management plan public by:
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OCIF-Formula Based Component File Number: OCIF FC-0294
SECTION 6
RECIPIENT'S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND
AGREEMENTS
6.1 Recipient's Representations, Warranties And Covenants. The Recipient represents,
warrants and covenants that:
(a) It validly exists as a legal entity, and will continue to exist for the Term of the
Agreement, with full power to perform and observe all of the terms and conditions
of this Agreement and that it will continue to validly exist until the Expiration Date
of this Agreement;
(b) It has the authority and any necessary approvals to enter into this Agreement
and to carry out its terms and conditions and that it is not bound by any other
agreement that would in any way interfere with Ontario's rights under this
Agreement;
(c) Where applicable, it has passed the requisite by-laws to undertake any Project in
which Funds are directed;
(d) It is conducting its business in accordance with all Requirements of Law and it
shall continue to conduct its business in accordance with all Requirements of
Law until the Expiration Date of this Agreement;
(e) It has all permits, approvals, licenses, certificates or other similar documents that
are required to carry out any Project to which Funds are directed or that it will
apply for all permits, approvals, licenses, certificates or other similar documents
before carrying out the Project; and
(f) All information provided to Ontario in relation to any Funds being provided under
this Agreement remains true, correct and complete as of the date this Agreement
is signed in every material respect, except as set out to the contrary herein.
6.2 Governance. The Recipient represents, warrants and covenants that it has and shall
maintain until the Expiration Date of this Agreement all legally necessary instruments to:
(a) Establish a code of conduct and ethical responsibilities for the Recipient;
(b) Establish procedures to ensure the ongoing effective functioning and
continuance of the Recipient until the Expiration Date of this Agreement;
(c) Establish decision-making mechanism;
(d) Provide for the prudent and effective management of any Funds being provided
under this Agreement;
(e) Establish procedures to enable the timely identification of risks that would
interfere with the Recipient meetings its obligations under this Agreement and
strategies to address the identified risks;
(f) Establish procedures to enable the preparation and delivery of all reports under
this Agreement; and
(g) Be responsible for other matters as the Recipient considers necessary to ensure
that the Recipient carries out its obligations under this Agreement.
6.3 Additional Covenants. The Recipient undertakes to advise Ontario within five (5)
Business Days of the occurrence during the Term of this Agreement of any actions, suits
or other proceedings which could or would prevent compliance with the terms and
conditions of this Agreement.
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OCIF-Formula Based Component File Number: OCIF FC-0294
(g) Non-Owned automobile coverage with blanket contractual and physical damage
coverage for hired automobiles; and
(h) A thirty (30) day written notice of cancellation, termination or material change
clause.
8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The
Recipient acknowledges and agrees that Ontario shall have a priority over any other
Person, including the Recipient, to use or enjoy the benefits of the proceeds from the
insurance required under section 8.1 of this Agreement to pay any claim, suits,
judgments, demands, expenses, actions, causes of action and losses, including, without
limitation, reasonable legal expenses and any claim for a lien made pursuant to the
Construction Lien Act (Ontario) and for any and all liability for damages to property and
injury to persons, including death, that may be brought against Ontario as a result of this
Agreement.
SECTION 9
LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general,
compensatory, incidental, special or consequential damages, or any loss of use,
revenue or profit by the Recipient or the Recipient's officers, servants, employees and
agents arising out of or in any way related to this Agreement.
9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the
Indemnified Party from and against all suits, judgments, claims, demands, expenses
actions, causes of action and losses, including, without limitation, reasonable legal
expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario),
and for any and all liability for damages to property and injury to persons, including
death, which the Indemnified Party may incur, otherwise than by reason of their own
gross negligence or wilful misconduct, as a result of or arising out of or in relation to any
breach by the Recipient of the terms of this Agreement, or the Recipient's own
negligence or wilful misconduct, as a result of or arising out of or in relation to:
(a) The performance of this Agreement or the breach of the terms of this Agreement
by the Recipient, its officers, servants, employees and agents, or by a third party
and any of its officers, employees servants or agents;
(b) The ongoing operation, maintenance and repair of the Project; or
(c) Any omission or other wilful or negligent act of the Recipient, a third party or their
respective employees, officers, servants or agents.
9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and
hold harmless the Indemnified Party form any general, compensatory, incidental,
indirect, special or consequential damage or any loss of use, revenue or profit which the
Indemnified Party may incur or related in any way to this Agreement or the Project in
tort, contract or otherwise other than by reason of their own gross negligence or wilful
misconduct, as a result of or arising out or in relation to: ,
(a) The performance of this Agreement or any breach of the terms and conditions of
this Agreement by the Recipient, its officers, servants, agents, employees and
Consultants or by a third party and any of its officers, servants, agents or
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10.2 Competitive Procurement Process. The Recipient shall acquire and manage its
equipment, services and supplies, including any construction component, required for
any Project in which Funds are directed through a transparent, competitive process that
ensures the best value for any Funds expended. Without limiting the generality of the
foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001
(Ontario) is applicable, the Recipient shall follow its procurement policies as required
under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board
or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall
ensure that for equipment, services and supplies, the estimated costs of which exceed
twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written
quotes unless Ontario gives prior written approval. The requirement for a competitive
process under this section 1 0.2 of the Agreement may be waived with prior written
approval by Ontario, if:
(a) The equipment, services or supplies the Recipient is purchasing is specialized
and is not readily available; or
(b) The Recipient has researched the market for a similar purchase within the last
two (2) years and knows prevailing market costs for the equipment, services or
supplies purchased.
10.3 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there
is a conflict between any of the requirements of this Agreement and the requirements of
the BPSAA, the BPSAA shall apply.
10.4 Contracts. The Recipient shall ensure that all Contracts:
(a) Are consistent with this Agreement;
(b) Do not conflict with this Agreement;
(c) Incorporate the relevant provisions of this Agreement to the fullest extent
possible;
(d) Are managed in a way that is transparent, competitive and consistent with value
for money principles
(e) Require that any third parties thereto comply with all Requirements of Law; and
(f) Authorize Ontario to collect, use and disclose in accordance with the
Requirements of Law information and data gathered by the third party in
connection with Project, perform audits of the third party and monitor the Project
as Ontario sees fit.
10.5 Costs Of Contracts Not Awarded In Compliance With This Section May Be
Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in
a manner that is not in compliance with this section 10 of the Agreement, Ontario may,
upon written notification to the Recipient, deem the costs associated with the Contract as
being ineligible for payment from the Funds.
10.6 Goods And Services To Be Procured In Competitive Manner And At Price No
Greater Than Fair Market Value. Despite anything else contained in this section 1 0 of
the Agreement, the Recipient shall ensure that all goods and services purchased with
any Funds being provided under this Agreement are purchased or acquired at
competitive prices that are no greater than fair market value after deducting trade
discounts and/or any other discounts available to the Recipient.
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OCIF-Formula Based Component File Number: OCIF FC-0294
commence construction on any aspect of any Project in which Funds are directed for
forty-five (45) Business Days, or such other time as Ontario may direct, after it has
provided Ontario with written evidence that the Recipient has sent notice about any
Project in which Funds are directed to the Aboriginal Groups identified in accordance
with Schedule "F" of this Agreement.
SECTION 12
COMMUNICATIONS
12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the
Communications Protocol set out under Schedule "G" of this Agreement.
SECTION 13
REPORTS
13.1 Project Report. The Recipient shall submit a Project Report for every Project it
proposes to direct Funds under this Agreement toward, as set out under Part B.1 of
Schedule "B" of this Agreement, to Ontario by the date indicated in Part C.4 of Schedule
"C" of this Agreement and in accordance with the requirements set out under Part B.1 of
Schedule "B" of this Agreement during the Term of this Agreement. The Recipient shall
follow such reasonable administrative procedures as Ontario may specify from time to
time.
13.2 Annual Financial Report. The Recipient shall submit an Annual Report, as set out
under Part B.2 of Schedule "B" of this Agreement, to Ontario on the dates set out in Part
C.S of Schedule "C" of this Agreement and in accordance with the requirements set out
under Part B.2 of Schedule "B" of this Agreement during the Term of this Agreement.
The Recipient shall follow such reasonable administrative procedures as Ontario may
specify from time to time.
13.3 Additional Reports Upon Request. The Recipient shall, upon Ontario's request in
writing, collect such information and provide such additional reports as Ontario may
specify from time to time during the Term of this Agreement. The Recipient shall provide
any additional reports within ten (1 0) Business Days of the request, unless the request
provides otherwise.
13.4 Compliance Attestation. The Recipient shall provide a compliance attestation in
accordance with the following when any reports required under sections 13.1 to 13.3 of
this Agreement is submitted:
(a) Where the Recipient is a municipality, the compliance attestation shall be signed
by the Recipient's Administrative Officer/Clerk or Treasurer.
(b) Where the Recipient is a LSB, the compliance attestation shall be signed by the
Recipient's Chair or secretary.
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SECTION 15
DEFAULT AND TERMINATION
15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or
penalty and without prejudice to any other rights or remedies of Ontario under this
Agreement or at law or in equity, terminate this Agreement immediately upon giving
written notice to the Recipient where:
(a) In the opinion of Ontario:
(i) The Recipient has provided false or misleading information to Ontario;
(ii) The Recipient breaches a material term or condition of this Agreement,
where materiality is to be determined by Ontario, in its sole and absolute
discretion, acting reasonably;
(iii) The Recipient breaches a material term or condition of any other funding
agreement it has with Ontario, where materiality is to be determined by
Ontario, in its sole and absolute discretion, acting reasonably;
(iv) The Recipient is unable to continue with any Project in which Funds are
directed or the Recipient is likely to discontinue any Project in which
Funds are directed;
(v) A material adverse change occurs such that the viability of a Recipient as
a going concern is threatened;
(b) The Recipient makes an assignment, proposal, compromise, or arrangement for
the benefit of creditors, or is petitioned into bankruptcy, or files for the
appointment of a receiver; or
(c) The Recipient ceases to operate.
15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an
Event of Default has occurred, Ontario shall have the following remedies:
(a) Ontario shall not have to provide any further Funds under this Agreement;
(b) Ontario may, at is option, terminate this Agreement immediately after any notice
period expires or may, in its sole and absolute discretion, Adjust the Funds,
including a demand to return all Funds provided under this Agreement;
(c) Ontario may avail itself of any of its legal remedies that it may deem appropriate.
15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this
Agreement, Ontario may commence such legal action or proceedings as it, in its sole
and absolute discretion, may deem expedient, without any additional notice under this
Agreement. The rights and remedies of Ontario hereunder are cumulative and in
addition to, and not in substitution for, all other rights or remedies otherwise available to
Ontario at law, equity or under statute.
15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute
discretion, at any time, waive any above-mentioned Event of Default which may have
occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of
such Event of Default unless such waiver is in writing from Ontario. Ontario may also
impose conditions on any waiver it provides under this section 15.4 of the Agreement.
17
OCIF-Formula Based Component File Number: OCIF FC-0294
16.7 Time Is Of The Essence. In the performance and observance of the terms and
conditions of this Agreement, time is of the essence and no extension or variation of this
Agreement shall operate as a waiver of this provision.
16.8 Severability. If any term or condition of this Agreement, or the application thereof to the
Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the
remainder of the Agreement, and the application of such term or condition to the Parties,
persons or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby.
16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any
other person unless the Ontario agrees to the assignment in writing. Ontario may
impose any terms or conditions.
16.10 No Amendment. This Agreement shall not be varied or amended except by a
document in writing, dated and signed on behalf of the Parties.
16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this
Agreement and no provision herein shall be interpreted against one Party by the other
Party because of authorship. No Party shall seek to avoid a provision herein because of
its authorship through recourse to a third party, court, tribunal or arbitrator.
16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint
venturer, partner or employee of Ontario and the Recipient shall not take any actions
that could establish or imply such a relationship.
16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient
pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the
Recipient to carry out the Project. The Recipient represents, warrants and agrees that
under no circumstances shall it enter into any contract or commitment in the name of or
on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms
and conditions of this Agreement or otherwise granted any right or authority to assume
or to create any obligations or responsibility, express or implied, on behalf of or in the
name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner
whatsoever other than as specifically provided under this Agreement.
16.14 Consultants. Ontario acknowledges and recognizes that, in connection with the
carrying out the Project, the Recipient may engage one or more Consultants. Ontario
acknowledges and agrees that the Recipient shall have the sole authority and
responsibility for such employees, agents or Consultants, including the hiring and
termination. The Recipient acknowledges and agrees that the Recipient shall be
responsible for all acts and actions of the Recipient's employees, agents and
Consultants and that all such acts and actions shall be treated as actions of the
Recipient for the purposes of this Agreement.
16.15 Lobbyists And Agent Fees. The Recipient represents and warrants:
(a) Any person hired by the Recipient to speak or correspond with any employee or
other person representing Ontario concerning any matter relating to any Funds
under this Agreement or any benefit hereunder is registered, if required to
register, pursuant to the Lobbyists Registration Act, 1998;
19
OCIF-Formula Based Component File Number: OCIF FC-0294
16.21 Agreement Executed In Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original, but all of which
together, shall constitute one and the same agreement.
16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire
Agreement between the Parties with respect to the subject matter contained in the
Agreement and supersedes all prior oral or written representations or agreements. No
prior document, discussion, negotiation, provision undertaking or agreement in relation
to the subject matter of this Agreement has any legal effect. No representation or
warranty, whether express, implied or otherwise, has been made by Ontario to the
Recipient except as expressly set out in this Agreement.
16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or
early termination shall so survive. Without limiting the generality of the foregoing, the
provisions that shall survive the termination or expiration of this Agreement for a period
of seven (7) years from the Expiration Date or termination of this Agreement, whichever
occurs first, include: sections 3 to 6, 9, 11 and 13 to 15; subsections 1.2 to 1.7, 2.2, 16.5,
16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts C.6 and C. 7 of Schedule "C" of this
Agreement and Schedules "E" and "F"; along with all applicable defined terms within
section 1, all cross-referenced provisions within the foregoing sections, subsections and
Schedules.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented by the Minister of Agriculture, Food and Rural Affairs
Name: George Borovilos Date
Title: Assistant Deputy Minister (A)
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWN OF TILLSONBURG
Name:
Title:
Name:
Title:
AFFIX CORPORATE
SEAL
1/We have the authority to bind the Recipient.
Date
Date
21
OCIF-Formula Based Component File Number: OCIF FC-0294
SCHEDULE "8"
PROJECT REPORT AND ANNUAL FINANCIAL REPORT
PART 8.1 -PROJECT REPORT
The Project Report shall indicate to the Ministry what Project the Recipient will use the Funds
for. The Project Report contains two sections: (1) Proposed Project Reporting Table and (2)
Annual Project Information Update. The Recipient must submit a separate Project Report for
every Project proposed to utilize the Funds.
PROPOSED PROJECT REPORTING TABLE
Section A of the applicable Project Report must be submitted 45 Business Days prior to
the start of any construction or no later than March 31st of each calendar year.
Should the Recipient require a revision in the Project set out in the Project Report; the
Recipient shall revise the Project Report and submit an updated Project Report as soon
as possible to the Ministry and prior to any construction being undertaken on the Project.
The Recipient shall note that the Project has been changed from the original Project
Report.
ANNUAL PROJECT INFORMATION UPDATE
Section B of the applicable Project Report must be submitted no later than December
31st of each calendar year.
There are two (2) Project Reports:
• Project Report A: Road Resurfacing or Asset Management Projects
• Project Report 8: Other Eligible Projects
For Projects involving asset management or road resurfacing, use report "A".
Road resurfacing is defined as a road Project where the land will not be disturbed, altered or
affected through excavation (i.e., no increase in width, change in alignment, etc.) except for the
removal of the current surface and the installation of a new surface.
For all other Projects use report "B".
PART 8.2-ANNUAL FINANCIAL REPORT
The Recipient shall provide an annual financial update to the Ministry in the form prescribed no
later than December 31st of each calendar year.
[
23
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3. For Asset Management· Projects-What area did you focus your asset management efforts on?
0 State of local infrastructure (i.e., inventory of assets, valuation of assets, asset condition, etc.)
0 Desired levels of service (i.e., performance measures, targets, timeframes, etc.)
0 Asset management strategy (i.e., action plans, procurement methods, strategy risks, etc.)
0 Financing strategy (i.e., expenditure forecasts, historic comparative analysis, etc.)
4. For Road Resurfacing Projects ·As .detailed in your asset management plan (AMP), What was the .priority of the project using this funding?
DOver due to be completed? ODue to be completed in the next 2-5 years?
ODue to be completed this year? 0 Due to be completed in the next 5+ years?
ODue to be completed in the next year? OWas not detailed in plan, Please specify:
5. Please indie<rte which of the following benefits you have experienced or anticipa'le for your municipality as .a result of the project. Provide details where
possible.
At project Anticipated Details completion (1·2 years out)
Asset Management Plan is now a comprehensive 0 Yes 0 No 0 Yes 0 No plan for all core infrastructure
Addressed urgent public health and safety issues. 0 Yes 0 No 0 Yes 0 No
Highest priority items in Asset Management Plan 0 Yes 0 No 0 Yes 0 No addressed earlier than planned.
Other? Please specify. 0 Yes 0 No 0 Yes 0 No
P~ig;: FII\IM&!~i:Ji~~P.~~1fP8\:t!:!Et¢I!Bij~NJ!Q_~J~i'ffi~~~~' .· ...
Actual Total Project Costs $xxx
Actual Formula Funds Utilized on Eligible Projt!ct {from Section A)* $xxx
Closing Balance of Unspent Funds to Date $xxx
*This dollar value is the amount to be identified in your Annual Financial Report
NOTE: Supporting documentation for any financial figures in this report shall be provided to OMAFRA upon request and should be retained as per Section
11.7 of the Contribution Agreement.
Confirmation provided to the Province of Ontario indicating that there has been no communication from any Aboriginal DYes ONo
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ONTARIO COMMUNITY INFRASTRUCTURE FUND-FORMULA COMPONENT
PROJECT REPORT B-OTHER ELIGIBLE PROJECTS
f"~
t?ontario
Municipality I LSB Name 2T
Contact Name 2T Title 2T
Email 2T Phone Number 2T lDate I2T
SECTION A: PROPOSED PROJECT REPORTING TABLE
Section A must be filled out and submitted to the ministry 45 Business Days prior to the start of any construction or no later than March 31~. Once the project is
completed or if your annual update is due Section B of this report should be completed. A separate report should be filled out for every project you are planning
to utilize Formula Component Funds for. If plans change and a new project is selected to utilize program Funds, then an updated Project Report is required to be
submitted to the Ministry.
I
I RAirt;l{'PB~~e:ctii!~~~P!JO!ili(l'{ffi~!VI~]!p_N H ' ~ -•• I
For each project, ensure that the following table is filled out·
Project Type 0 Rehabilitation 0 Replacement 0 Renewal Note : Expansion Projects are not eligible under OCIF
Project Category OWater OWastewater DRoads (other than resurfacing) DB ridges Choose only one category
Project Title Insert a project title (no more than 10 words please)
Project Description Insert a description of the project. Historic details are not necessary only what you plan on doing.
Project Location Street Address I
(include the entire Cross Roads Insert information here City /Town Insert information here
site of work)
Longitude Insert information here Latitude Insert information here
Estimated Total $Insert dollar value Formula Funds Expected to be Utilized $ Insert dollar value Project Cost
Proposed Start Date Insert date MM/00/YYYV Proposed Completion Date Insert date MM/00/YVYV
P~irt·2:.,.QQtY:r~;¢Qjij$!J:tt~E~MEi'ITAUE$ti~N$" ----.
These questions are intended to aid the Ministry of Agriculture, Food and Rural Affairs in meeting the Crown's duty to consult Aboriginal Communities.
Aboriginal Communities include the Indian, Inuit and Metis peoples of Canada and any other group having Aboriginal or treaty rights under section 35 of the
Constitution Act, 1982. It is important to note that consultations are an ongoing process. It is possible that Aboriginal Communities have brought or may bring
forward new information in response to notifications that could affect Ontario's consultation obligations. It is important that Ontario be made aware of any new
information so it can remain responsive throughout the consultation process. Please note that the Duty to Consult is relevant to all parts of the province
whether a project is on reserve or municipal owned lands.
Environment & Geography I Does the municipality/LSB own the land, building(s) or works I Insert response here
I" N
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SECTION B: ANNUAL PROJECT INFORMATION UPDATE
This section must be filled out when the above project is completed or annually at a minimum and submitted to the ministry no later than
December 31:!!.
MIIT 1: ;~R.Q.!~.¢r,AP:'tllm~
1. What Is the current status. of the above project?
D In Progress-Ahead of Schedule 0 In Progress -On Schedule 0 In Progress-Behind Schedule 0 Completed 0 Not Proceeding
2. Is there any variance between the project description noted above and the actual ·prOject completed or in progress?
0 No DYes
If Yes, please describe:
3. As detailed In your asset management plan (AMP), what was the priority of the project using this funding?
DOver due to be completed? D Due to be completed in the next 2-5 years?
ODue to be completed this year? D Due to be completed in the next S+ years?
ODue to be completed in the next year? DWas not detailed in plan, Please specify:
4~ Please indicate which of the following benefits ~u have experienced pr anticipate for your municipality as a result of the project. Provide
details where possible.
At project Anticipated Details completion (1-2 years out)
Addressed urgent public health and safety DYes 0 No 0 Yes 0 No issues.
Highest priority items in Asset Management DYes 0 No DYes D No Plan addressed earlier than planned.
Other? Please specify. 0 Yes 0 No 0 Yes D No
PARJ'•~: ·,F.Ii\IANCiiAt•PPMI~Ii.o'R':tr:J_e,cv~Nlf!~P:·NQM;¥~·
Actual Total Project Costs $xxx
Actual Formula Funds Utilized on Eligible Project from Section A)* $xxx
Closing Balance of Uns ent Funds to Date $xxx
*This dollar value is the amount to be identified in your Annual Financial Report
NOTE: Supporting documentation for any financial figures in this report shall be provided to OMAFRA upon request and should be retained as
per Section 11.7 of the Contribution Agreement.
I
0"1 N
OCIF-Formula Based Component File Number: OCIF FC-0294
ANNUAL FINANCIAL REPORT
ONTARIO COMMUNITY INFRASTRUCTURE FUND ·ANNUAL FINANCIAL REPORT
Recipient Name:
Contact NamQ, Title:
Email:
Phone:
FUNDS RECEIVED FROM OCIF FORMULA COMPONENT
(refer to Schedule 'D' of your Agreement)
ADDITIONS TO THE FUNDING AMOUNT:
Add: Any Interest earned on the funds rnC<liV<ld:
£?ontario
(As per section 4.3 of your Agreement, recipients are required to provide the amount If any, of the Interest
earned on the funds provided. Recipients ore ,.sponsible jor rhe calculation of interest earned.)
Add: Any amount{s) receiVed from another Recipient's OCIF Allocation:
(Provide name of Munlcipollty/Locol Services Board ond amount received}
Name of Municipality I LSB
l,
2.
3.
TOTAl RECEIVED FROM OTHER RECIPIENTS:
SUBJftAcriONS fROM THE FUNDED AMOUNT·
Subtract: AnyOCIF allocation amount{s) transferred to another Municipality/I.SB:
(Provide nome of Municipality/Local ServicE.> Board and amount transferred)
Name of Municipality/ LSB
1.
2.
3.
TOTAl TRANSFERRED TO OiliER RECIPIENTS:
Subtract: Total formula funds utilized on eligible projects:
(Provide project nome and total formula funds used for the project(s). Projects should match what was submitred in Section 8 -Part 2
Financial Update section of your required Project Report(s}}
Project Name
1. ~s:------
2. ~s:------
3. _,s~---
4. ~s~---~ s
TOTAl FUNDS USED ON EliGIBLE PROJEt:rS: ~$~----
• As per section 3,5 of your Agreement, Ontario may adjust the amount provided in the/of/owing year by the amount of Funds not
spent by December 31. /{the balance of!unds Is greater than zero, you must ..nsure that you hove provided an amount for Interest
camed obave.
ATTESTATION BY TREASURER/CLERK/CHIEF ADMINISTRATIVE OFACliR
DY Inserting a narn<!, t~le and date below, tho Recipient warrants that:
1. The information provided herein and in <:~ny document a;tt<Jchcd is accurate and complt!tc;
2. Any Interest earned (as noted under Add~fons to the Funding /\mount above) has been used tor costs associated With eligible projects or
has been remitted to the Ministry; and
3. Tho Rccipicrlt is in compliance w~h all of the terms and cond~ions aft he Agree merit,
~~~~:· I IDate
31
OCIF-Formula Based Component File Number: OCIF FC-0294
PART C.6-NOTICE AND CONTACT
C.6.1 Notice And Contact Information. Notices under this Agreement shall be sent to the
following persons at the following addresses:
To Ontario:
Ministry of Agriculture, Food and Rural Affairs
Rural Programs Branch
1 Stone Road West, 4NW
Guelph, Ontario N1 G 4Y2
Attention: Joel Locklin, Manager
Telephone: 519-826-3791
Fax: 519-826-3398
Email: OCIF@ontario.ca
PART C.7 -ASSET RETENTION PERIOD
To Recipient:
The Corporation of the Town of
Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, Ontario N4G 5A7
Attention: David Calder
Telephone: (519) 842-6428
Email: dcalder@tillsonburg.ca
C,7.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds
Under Agreement. The Recipient shall notify OMAFRA in writing of any disposal of
assets purchased by the Funds at least one hundred and eighty (180) Business Days in
advance of the disposition. The Recipient shall not dispose of any assets purchased,
constructed, rehabilitated or improved by the Funds without the prior written consent of
Ontario.
C.7.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated
or built with Funds under this Agreement for a period of five (5) years from the date that
the Project is completed.
33
OCIF-Formula Based Component
PART E.1-ELIGIBLE COSTS
SCHEDULE "E"
ELIGIBLE AND INELIGIBLE COSTS
File Number: OCIF FC-0294
E.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part E.2 of
this Schedule "E" of the Agreement, Eligible Costs shall only include all direct and
incremental costs that are attributable to the development and implementation of the
Project and are in Ontario's sole and absolute discretion, properly and reasonably
incurred as well as necessary for the Project. Eligible Costs must also be actual,
verifiable cash outlays that are documented through invoices, receipts or other records
that is acceptable to Ontario.
Without limiting the generality of the foregoing, Eligible Costs shall only include the
following:
(a) The capital costs of constructing, rehabilitating, replacing or improving, in whole
or in part, a tangible core infrastructure asset;
(b) Development and implementation of asset management plans (e.g. software,
training and inspections);
(c) All planning and assessment costs, such as the costs of environmental planning,
surveying, engineering, architectural supervision, testing and management
consulting services;
(d) The costs for permits, approvals, licences and other authorizing documents, as
well as inspections and other fees directly attributable to obtaining a permit,
approval, licence or other authorizing document, provided those costs are directly
attributable to the construction and implementation of Project,
(e) The costs for consulting with an Aboriginal Group, including the Recipient's legal
fees, provided they are reasonable, on matters pertaining to the Project,
including the translation of documents into languages spoken by the affected
Aboriginal Group, but does not include any capacity-building funding unless
specifically approved by Ontario in writing prior to being incurred;
(f) The costs of developing and implementing innovative techniques for carrying out
the Project;
(g) The costs of Project-related signage, lighting, Project markings and utility
adjustments;
(h) The costs of joint communication activities, such as press releases, press
conferences, translation and road signage recognition, as described in Schedule
"G" of this Agreement; and
(i) Other costs that are, in Ontario's sole and absolute discretion, direct, incremental
and necessary for the successful implementation of the Project, provided those
costs have been approved by Ontario in writing prior to being incurred.
35
OCIF-Formula Based Component File Number: OCIF FC-0294
SCHEDULE "F"
ABORIGINAL CONSULTATION REQUIREMENTS
PART F.1 -PURPOSE AND DEFINITIONS
F.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural
aspects of consultation from Ontario to the Recipient.
F.1.2 Definitions. For the purposes of this Schedule:
"Section 35 Duty" means any duty Ontario may have to consult and, if required, accommodate
Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982.
PART F.2-RESPONSIBILITIES OF ONTARIO
F.2.1 Ontario's Responsibilities. Ontario is responsible for:
(a) Determining the Aboriginal Groups to be consulted in relation to the Project, if
any, and advising the Recipient of same;
(b) The preliminary and ongoing assessment of the depth of consultation required
with the Aboriginal Groups;
(c) Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d) Directing the Recipient to take such actions, including without limitation
suspension as well as termination of the Project, as Ontario may require;
(e) Satisfying itself, where it is necessary to do so, that the consultation process in
relation to the Project has been adequate and the Recipient is in compliance with
this Schedule; and
(f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of
Aboriginal Groups require accommodation, that Aboriginal Groups are
appropriately accommodated in relation to the Project.
PART F.3-RESPONSIBILITIES OF THE RECIPIENT
F.3.1 Recipient's Responsibilities. The Recipient is responsible for:
(a) Giving notice to the Aboriginal Groups regarding the Project as directed by
Ontario, if such notice has not already been given by the Recipient or Ontario;
(b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the
Project and advising of the details of the same;
37
OCIF-Formula Based Component File Number: OCIF FC-0294
Project and reporting to Ontario any comments or questions from the Aboriginal
Groups that relate to potential accommodation or mitigation of potential impacts;
(o) Consulting regularly with Ontario during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to Ontario the
results of such discussions prior to implementing any applicable accommodation
measures;
(p) Complying with Ontario's direction to take any actions, including without
limitation, suspension or termination of the Project, as Ontario may require; and
(q) Providing in any contracts with Third Parties for the Recipient's right and ability to
respond to direction from Ontario as Ontario may provide.
F.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that,
notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having
an approval role in relation to the Project, or any responsible regulatory body, official, or
provincial decision-maker, may participate in the matters and processes enumerated
therein as they deem necessary.
F.3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out
the following functions in relation to record keeping, information sharing and reporting to
Ontario:
(a) Provide to Ontario, upon request, complete and accurate copies of all documents
provided to the Aboriginal Groups in relation to the Project;
(b) Keep reasonable business records of all its activities in relation to consultation
and provide Ontario with complete and accurate copies of such records upon
request;
(c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the
Project;
(d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the
Project and provide copies to Ontario of any documentation received from
Aboriginal Groups;
(e) Advise Ontario in a timely manner of any potential adverse impact of the Project
on Aboriginal or treaty rights or asserted rights of which it becomes aware;
(f) Immediately notify Ontario if any Aboriginal archaeological resources are
discovered in the course of the Project;
(g) Provide Ontario with summary reports or briefings on all of its activities in relation
to consultation with Aboriginal Groups, as may be requested by Ontario; and
(h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to
enter into an agreement directed at mitigating or compensating for any impacts of
the Project on Aboriginal or treaty rights or asserted rights.
39
OCIF-Formula Based Component
SCHEDULE"G"
COMMUNICATIONS PROTOCOL
File Number: OCIF FC-0294
This Communications Protocol (Protocol) outlines the respective responsibilities and the
working relationship between the Parties to this Agreement as they relate to all communications
by the Parties regarding funding received in relation to the Project.
PURPOSE
This Protocol applies to all communications activities related to any funding the Recipient
receives under this Agreement. Communications activities may include, but are not limited to:
• Project signage
• Media events and announcements, including news conferences, public announcements,
official events or ceremonies, news releases
• Printed materials
• Websites
• Photo compilations
• Award programs
• Awareness campaigns
PROJECT SIGNAGE
If the Recipient installs a sign at the site of a Project, the Recipient shall, at Ontario's request,
provide acknowledgement of the provincial contribution to the Project. Sign design, content and
installation guidelines will be provided by Ontario.
Where the Recipient decides to install a permanent plaque or other suitable marker with respect
to a Project, it must recognize the provincial contribution to the Project and be approved by
Ontario prior to installation.
The Recipient is responsible for the production and installation of Project signage, unless
otherwise agreed upon in writing prior to the installation of the sign age.
MEDIA EVENTS
The Recipient or Ontario may request a media event, announcement or recognition of key
milestones related to Project.
In requesting a media event or an announcement, the Party requesting the event will provide at
least twenty-one (21) Business Days' notice to the other Party of its intention to undertake such
an event. The event will take place at a date and location that is mutually agreed to by the
Parties. The Parties will have the opportunity to participate in such events through a designed
representative. Each participant will choose its designated representative.
All joint communications material related to media events and announcements must be
approved by Ontario and recognize the funding provided by Ontario.
41
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3865
A BY-LAW to appoint a Manager of Finance/Deputy Treasurer for the Town ofTillsonburg.
WHEREAS the Municipal Act, 200 I, S.O. C 25, allows for the appointment of officers of the
Municipality;
AND WHEREAS The Council of the Corporation of the Town ofTillsonburg deems it is
necessary and expedient to appoint a Manager of Finance/Deputy Treasurer for the
Corporation of the Town ofTillsonburg;
THEREFORE the Council of the Town ofTillsonburg enacts as follows:
I. THAT Andrew Jones is hereby appointed as Manager of Finance/Deputy Treasurer.
2. THAT this By-Law is passed pursuant to the Section 286 (2) of the Municipal Act, 200 I S.O.
2001, Chapter 25.
3. Any previously enacted By-Laws which are inconsistent with the purpose and intent of this
By-Law are hereby repealed.
4. This By-Law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 8th DAY OF DECEMBER, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF DECEMBER, 2014.
MAYOR-Stephen Molnar
TOWN CLERK-Donna Wilson
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY -LAW NUMBER 3864
BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 8th
day of December, 2014
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
TILLSON BURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special
meeting and regular meeting held on December 8, 2014, with respect to every report,
motion, by-law, or other action passed and taken by the Council, including the exercise of
natural person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to give
effect to the action of the Council of The Corporation of the Town of Tillson burg 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 8TH DAY OF DECEMBER, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 8TH DAY OF DECEMBER, 2014.
MAYOR -Stephen Molnar
TOWN CLERK-Donna Wilson
COUNCIL RESOLUTION
AGENDA ITEM NO.: __ _ Date: December 8, 2014
RESOLUTION NO.:
MOVED BY: ---=(/-::....__~~4/
SECONDED BY: dt/41q ~ (1 v
THAT Council move into Closed Session to consider:
1. A matter in respect of which a council, board, committee or
other body may hold a closed meeting under another act (THI)
2. A proposed or pending acquisition or disposition of land by the
municipality or local board (Broadway).
D Recorded
Vote
D Defeated D Deferred D Tabled
___ Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: ___ _ Date: December 8, 2014
RESOLUTION NO.: 2
THAT the Agenda as prepared for the Council Meeting of
December 8, 2014, be adopted.
~rried
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: __ _ Date: December 8, 2014
RESOLUTION NO.: 3
MOVED BY: a.,/WM ~
SECONDED BY: r (:]/ ~--
THAT the Minutes of the Council Meeting of November 24, 2014,
be received.
~rried
D Recorded
Vote
D Defeated D Deferred D abled
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ ___::3::....___ Date: December 8, 2014
RESOLUTION NO.: 4
MOVED BY: ~ I~
SECONDED BY: f I~LY ,
THAT Council receive the correspondence from the Rural Ontario
Municipal Association (ROMAX
T Council support nominating
_______ -_ -_ -_ -_ -_ -_....,a.s...:the~ Town of Tillson burg
representative to ROMA Board of Director~-f:Oorr~tr-~~1..5__
term.
~d
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: _8=----Date: December 8, 2014
RESOLUTION NO.: ___.:;6 __
MOVED BY:
SECONDED BY: --41-n,Y.A...~.....£....;:4k.,J=-=.-----
THAT Council receive Report CL 13-33 Council Appointments to Boards and Committees;
AND THAT the following appointments shall be for the current term of council;
y)c-p~
THAT Chf'is RoseR811 be appointed to the Cultural Advisory Committee;
JtM 1-tritf
AND THAT Maxwell Adam be appointed to the Development Committee;
AND THAT Penny Esseltine be appointed to the Heritage and Beautification & Cemeteries
Advisory Committee;
_8 f_ ti.J ,c;A.;T-
AND THAT Brlafi;oStekl=teus.tW be appointed to the Museum Advisory Committee;
AND THAT Penny Esseltine be appointed to the Parks & Recreation Advisory Committee;
AND THAT Maxwell Adam be appointed to the Business Improvement Area Board;
AND THAT Brian Stephenson be appointed to the Accessibility Advisory Committee;
AND THAT Mayor Stephen Molnar and Chris Rosehart be appointed to the Police Service
Board;
AND THAT Maxwell Adam be appointed to the Tillsonburg Non Profit Housing Corporation;
~
AND THAT Deputy Mayor Dave Beres and GGtmeiHor-Jim ... ~a¥eS-,_be appointed to the Otter
Valley Corridor Committee. :j; M H-.~t 'if'S
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: 7 Date: December 8. 20~-
/
.... -~-.A-~---··· / ....-;
---t.G...:.'<_ ... /.L-'"' __
RESOLUTION NO.:
MOVED BY:
SECONDED BY: ----~~~it<--+4___,_,c •rF><~F=-JL""'--'---
THAT ZN 7-14-08, Zone Change Application, OP 14-06-7_. Official Plan Amendment and SB 14-
03-7, draft plan of subdivision approval be deferred until the January 12, 2015 Council Meeting
to permit the parties to negotiate for the safe separation of properties.
I ~rried
D Recordec.;
Vote
D Defeated D Deferred pj-11ed
v
/
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ _,B.____ Date: December 8. 2014
RESOLUTION NO.: 7
MOVED BY: n.A.. ~G /7
(c-:) / / //
SECONDED BY: /h//7 ?~/:JL//V(
THAT Council receives report FIN 14-44 Additional Reserve
Contribution;
AND THAT Council approves the additional estimated 2014
contribution to reserves in the amount of $332,364.
D Recorded
Vote
D Defeated D Deferred
r s Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ _...:-fff~q-Date: December 8. 2014
RESOLUTION NO.: 8
MOVED BY: 144 -~ / / ..
SECONDED BY: ~7 /z:;4{4f
THAT Council receives report FIN14-43 Bank Signing Authorities.
AND THAT Council appoints the following as designated signing
authorities for the Town's general banking needs:
Mayor Stephen Molnar or Deputy Mayor Dave Beres;
and one of the following:
Director of Finance/Treasurer, Darrell Eddington; or
Manager of Finance/Deputy Treasurer, Andrew Jones.
~rried
D Recorded
Vote
D Defeated D Deferred
CQUNCIL RESOLUTION
AGENDA ITEM NO.: _ ___:1.....:;_0 __ Date: December 8. 2014
RESOLUTION NO.: 9 //'
MOVEDBY ~c:z&Jit£
SECONDEDBY: -~~~~,~---------
THAT Council receive Operations Report OPS 14-19 Ontario
Community Infrastructure Fund formula based component;
AND THAT Council approve the use of funding to complete asset
management projects to support the continuing development of
the Town's Asset Management Plan;
AND THAT Council authorize Mayor and Clerk to execute the
Ontario Community Infrastructure Fund Formula-Based Funding
Contribution Agreement with Her Majesty the Queen in Right of
Ontario and associated by-law 3862.
D Recorded
Vote
D Defeated D Deferred D Tabled
COUNCIL RESOLUTION
AGENDA ITEM NO.: _----.:...=12=----Date: December 8. 2014
RESOLUTION NO.: 10
MOVED BY:
THAT Council receive Report RCP 14-34-Bridges at Tillsonburg
Tobogganing Agreement Renewal 2014-2015 for information;
AND THAT Council authorize staff to operate the facility for the
2014-2015 season.
~ed
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ ___,1....:::...3 __ Date: December 8, 2014
RESOLUTION NO .:
MOVED BY:
THAT Council receive Report RCP 14-42 -Trans-Canada Trail
Expansion via the South Oxford Link for information;
AND THAT Council agrees in principle with entering into a
partnership with the Township of Norwich, the Township of
Southwest Oxford, and the County of Oxford
for the purpose of applying for funds to establish the South Oxford
Link;
AND THAT the partnership agreement and the requirement for
Town funds come back to Council for approval in 2015.
~d
D Recorded
Vote
D Defeated D Deferred bled
)
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ _..:...,:15=----Date: December 8, 2014
RESOLUTION NO.:
MOVED BY:
SECONDEDBY: -+~~~~~~~~-
THAT Council recei s report FIN 14-45 Insurance RFP as
information;
AND THAT Council receives report RCP 14-44 Awarding
Services Contract for Cultural Improvement Alliance Project
Assistant as information.
~d
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ _____.:.1.::....6 __ Date: December 8, 2014
RESOLUTION NO.: 13
MOVED BY: -r ~
SECONDED BY: ~~/~--
THAT the following regular Council Meetings be re-scheduled or cancelled
for 2014:
Monday, February 23 , 2015 is re-scheduled to Thursday, February 26,
2015, due to the annual OGRA/ROMA Conference;
Monday June 8, 2015 is re-scheduled to Thursday June 11, 2015 due to
) the annual AMCTO Conference;
Monday, July 27, 2015 is cancelled;
Monday, August 24, 2015 is cancelled;
Monday, October 12, 2015 is re-scheduled to Tuesday, October 13, 2015,
due to Thanksgiving, and
Monday, December 28, 2015 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
Tillson burg website and at the Tillsonburg Customer Service Centre.
~rried
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ _...:..,:17 __ Date: December 8. 2014
RESOLUTION NO.: 14
MOVED BY:
SECONDEDBY: ~#~d~~~J~· ~~~·-+---
THAT Council receive the correspondence from the County
regarding appointments to Conservation Authorities;
AND THAT Council recommend ()a v ~ t]-£--v -c--i' as
the Town of Tillson burg representative to Long Point Region
Conservation Authority for the 2015-2018 term.
~d
D Recorded
Vote
D Defeated D Deferred
COUNCIL RESOLUTION
AGENDA ITEM NO.: _ ____;1;...;:;..8 __ Date: December 8. 2014
RESOLUTION NO.:
MOVED BY:
SECONDED BY: ndc~
THAT By-Law 3862, To enter into an Agreement with the
Province for OCIF Funding; and
By-Law 3865, To appoint a Manager of Finance/Deputy
Treasurer; and
By-Law 3864, To confirm the proceedings of Council at its
meetings held on the 8th day of December, 2014, be read for a
first and second time and this constitutes the first and second
reading thereof.
D Recorded
Vote
D Defeated D Deferred
/i .· -~/+ ayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: ----=1-=-8 __ Date: December 8. 2014
RESOLUTION NO.: d~ ~·
MOVEDBY: /~
SECONDED BY: ffl, 4&=
THAT By-Law 3862, To enter into an Agreement with the
Province for OCI F Funding; and
By-Law 3865, To appoint a Manager of Finance/Deputy
Treasurer; and
By-Law 3864, To confirm the proceedings of Council at its
meetings held on the 8th day of December, 2014, be given third
and final reading and the Mayor and Clerk be and are hereby
authorized to sign the same, and place the Corporate Seal
thereunto.
~ed
D Recorded
Vote
D Defeated D Deferred
Nov24,2014
Town Council and Senior Staff
Town ofTIIIsonburg
Corporate Office
200 Broadway St, 2"d Floor
Tillsonburg, ON
N4G 5A7
Dear Town Council and Senior Staff members,
The Board of Directors of the Tillson burg Minor Soccer Club are writing this letter to the Tillsonburg Town
Council and to Senior Staff at the Town ofTillsonburg in order to provide some feedback on a few matters of
concern related to the proposed adjacent land development that has recently been brought to our attention.
In order to provide some context, here is some background information for new Town Council and Town Staff
members: An agreement between the Soccer Club and the Town of TIIIsonburg to develop the Soccer Park
facility was signed on Oct 1, 2001. As part of this agreement, the lands were acquired in a joint purchase
agreement with the Town. The Town was to be the owner of the lands while the Soccer Club was given
responsibility to develop the fields and buildings with the caveat being that the Soccer Club would be given
priority use of these lands for the establishment and operation of a Soccer Park. The Soccer Club Board of
Directors was established to govern the facility.
The Soccer Club op~rates as a not-for-profit private corporation that serves the interests of over 1000 youth and
adult soccer players in our community and hosts multiple private and community events both on our fields and
in our banquet hall.
The Club has invested over $1.5million in the grounds and facilities over the past decade to develop what is now
one of finest soccer facilities in all of Ontario. The Soccer Park is one of the 'crown jewels' of our community and
we are constantly hearing from visitors that they are amazed to see a facility of such high caliber in a small rural
town.
The fact that we have created one of the top outdoor soccer facilities in the province is testament to the
dedication of the Soccer Park founders and Board of Directors, along with the support of the Town. The fact
that the Soccer Park has operated with minimal assistance and input beyond the initial financial agreement with
the Town is an indication of the diligence with which the Club's Board of Directors conducts itself. The Soccer
Park has paid back all loans from the Town and has met all of its obligations.
Beyond meeting all of its obligations and completing payments on all initial loans, the Soccer Club operates
independently rather than using Town-owned staff and facilities. We manage our own facility, pay our own bills,
have our own contractor to maintain the fields, and lease out the Clubhouse to an independent operator. We
have paid for own high mast lighting, we contract out garbage removal, have paid for our own sign at the main
gate, arranged for the planting of multiple trees and other landscaping within the park boundaries, and have
been paying for and installing field backstops and other safety fencing on an ongoing basis. We recently built a
new pavilion and are considering an investment in having our main roadways paved with asphalt. The one area
noise related to irrigation systems, odours related to fertilizer and weed treatments, and potential
exposure to damages from soccer balls. This list of considerations must be registered on Title with the
Land Registry Office.
The above represents our major concerns with the Draft Plan.
3
In particular, the establishment of a Buffer Zone is something that we believe must be part of any development
plan for lands that are adjacent to the Soccer Park. This is simply an obvious and practical design consideration,
and we are extremely concerned that this requirement was not identified previously by any other parties.
During our meeting on November 17, 2014 with the developer, Town Staff, and other related parties, it was
communicated by Rick Cox, Director of Parks and Recreation for the Town of Tillson burg, that former Town Staff
and the previous Town Council had made the decision to take cash in lieu of the 5% parkland reserve that the
developer is required to provide. We feel that this is a very short sighted decision and one that was
unfortunately made without any consultation of the Soccer Club and without due consideration for its,negative
impact on the Soccer Park and future residents within the development. The 5% parkland reserve is enough
land to establish an 11m x 430m buffer zone between the Soccer Park property and the adjacent development.
Please refer to the attached Diagram 1 for an aerial view of this buffer zone.
This 11m wide buffer zone would be adequate to provide a level of safety for the new residents as perimeter
fencing and planting trees and shrubs in this area would provide some natural protection. Additionally this
buffer zone would provide adequate lands for establishing a walking trail which both the developer, Will
Hayhoe, and the Town representative, Rick Cox, communicated to us as something that they would like to see in
this area. The Soccer Park Board of Directors agree that a walking trail would be a great addition to this area
and support the using the parkland reserve lands to establish both a walking trail and the planting of trees and
other vegetation in the parkland reserve to create a natural fence area. There is also a clear benefit to the
developer as it would beautify the area and therefore a higher fee can be charged for these lots.
In addition to the above, from a long-term ownership perspective, we are concerned that if changes are not
made to the Draft Plan to establish a parkland buffer zone between the Soccer Park and the adjacent properties
that it will result in ongoing conflict and potential legal recourse. This is something that we would like to avoid.
Overall, in regards to the Draft Plan that we were provided on November 7, 2014, we are displeased to see that
the plan includes placing residential properties directly against the entire eastern perimeter of the Soccer Park
and that there was no parkland component included in the Draft Plan. The initial reaction was that this Draft
Plan is short-sighted and solely represents the interests of the developer to maximize the number of lots within
the development. We would like to see this changed so that rather than simply maximizing the number of lots,
the plan should look to maximize the liveability and sustainability of the area. We request that council considers
the long-term as we need to be diligent in ensuring that the plan adequately considers the full impact on the
area in terms of function, safety, and attractiveness.
Furthermore it is important to state that we were extremely disappointed to hear that this Draft Plan has been
in circulation since 2008 and that the Soccer Park is only now being notified of this plan. We have not had
adequate time to seek counsel in order to fully understand this situation and our rights and responsibilities and
how we will be impacted. The fact that the Town has chosen not to engage the Board of Directors and has
From:
To:
Date:
Subject:
dvanwynsberghe@xplornet.com
smolnar@tillsonburg.ca, dberes@tillsonburg.ca, madam@tillsonburg.ca,
pesseltine@tillsonburg .ca, jhayes@tillsonburg .ca, crosehart@tillsonburg .ca,
bstephenson@tillsonburg.ca,
08/12/2014 02:22 PM
Tillsonburg Soccer Park
December 8, 2014
Attention: Mayor Stephen Molnar; Deputy Mayor Dave Beres; Town
Councillors Chris Rosehart , Brian Stephenson, Max Adam, Jim Hayes, Penny
Esseltine
Subject: Draft Plan -Glendale West Subdivision
Dear Mayor and Town Council Members,
It has been brought to my attention that a Draft Plan for Glendale West Subdivision has
been submitted to the Town for Draft Plan approval. The Draft Plan proposal includes new
residential lots to be located directly against the Soccer Park's eastern boundary and with
no set back from the Soccer Park property.
Furthermore it has been brought to my attention that Town Staff has elected to take the
developer's proposal of cash-in-lieu of providing the required Parkland Reserve within the
new development.
As a frequent visitor to the Soccer Park, I am concerned about this Draft Plan proposal and
the fact that Town Staff has not requested the establishment of any buffer lands between
the two properties.
I request that Town Council reject the Draft Plan in its current form and direct the developer
to alter the Plan in order to provide the required amount of Parkland Reserve, and that this
Parkland Reserve be used to establish a buffer zone between the two adjacent properties.
This buffer zone would provide some natural fencing between the two properties, and a
public walking trail could also be established in the buffer zone which would further enhance
this area and the community as a whole.
We are fortunate to live in a community that has such a great facility and we expect that
Town Council will make a decision that considers the long-term interests of the community.
Sincerely,
Carrie and Darwin
Carrie Van Wynsberghe
LAM SA
1898 West 1/4 Line Rd.
Langton, ON
NOE 1GO
dvanwynsberghe@xplornet.com
226-777-7638
Date: 5= I} tZL-/ <-(
Attention: Mayor Stephen Molnar; Deputy Mayor Dave Beres; Town Councillors Chris Rosehart, Brian Stephenson, Max
Adam, Jim Hayes, Penny Esseltine
Subject: Draft Plan-Glendale West SUbdivision
Dear Mayor and Town Council Members,
It has been brought to my attention that a Draft Plan for Glendale West Subdivision has been submitted to the Town for
Draft Plan approval. The Draft Plan proposal includes new residential lots to be located directly against the Soccer
Park's eastern boundary and with no set back from the Soccer Park property.
Furthermore it has been brought to my attention that Town Staff has elected to take the developer's proposal of cash-
in-lieu of providing the required Parkland Reserve within the new development.
As a frequent visitor to the Soccer Park, I am concerned about this Draft Plan proposal and the fact that Town Staff has
not requested the establishment of any buffer lands between the two properties.
I request that Town Council reject the Draft Plan in Its current form and direct the developer to alter the Plan in order to
provfde the required amount of Parkland Reserve, and that this Parkland Reserve be used to establish a buffer zone
between the two adjacent properties.
This buffer zone would provide some natural fencing between the two properties, and a public walking trail could also
be established in the buffer zone which would further enhance this area and the community as a whole.
We are fortunate to live in a community that has such a great facility and we expect that Town Council will make a
decision that considers the long-term interests of the community.
Sin~ ----
.... /!Al{LJ;J 5, ~
ff a t;t;{ (_,.A. vL
Vf l.),/ 11" 71 ~ eq> fo G.f-eL
TOWN OF TILLSONBURG
Public Meeting for the Council Meeting of
December 8, 2014
Record of Attendance
t;t Wt;,)lA,(\'1~\[Q..-CA ~
\t~\<i~'o\1'{ • tJ'-\01. \1'\
Notice of Collection
Page 1
Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom
of Informatio[l and Protection of Privacy Act and will be part of the public record.
Page 2
Notice of Collection
Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom
of Information and Protection of Privacy Act and will be part of the public record.