Loading...
180312 Council AGDTable of Contents Agenda 3 Council Minutes dated March 1, 2018 180301 Council MIN 9 DCS 18-10, SOMA Asia Mission Summary Report DCS 18-10 22 DCS 18-10 Summary Presentation 24 OPS 18-04, Renewal of Sewage System Management Agreement OPS 18-04 Renewal of Sewage System Management Agreement 50 OPS 18-04 Attachment 1 - Sewage System Management Agreement 2018-2020 52 OPS 18-05, Results for Tender RFT 2018-006 Asphalt Paving Program OPS 18-05 Results for Tender RFT 2018-006 Asphalt Paving Program 64 OPS 18-06, Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing OPS 18-06 Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing 67 RCP 18-09, Enabling Accessibility Fund Agreement – Accessible Trail Connection RCP 18-09 - Enabling Accessibility Fund Agreement - Accessible Trail Connection 69 EAF Agreement 71 RCP 18-09 ATT 2 79 RCP 18-10, Supply & Installation of Utility Corridor Fencing RCP 18-10 - Supply and Installation of Utility Corridor Fencing 101 Correspondence from Municipality of Bayham 103 Committee Minutes 180201 HBC MIN 111 180207 Cultural MIN 112 180222 Museum MIN 114 Long Point Region Conservation Authority Minutes dated February 7, 2018 180207 LPRCA MIN 118 By-Law 4178, To authorize a Sewage System Management Agreement with the County of Oxford By-Law 4178 Authorize Sewage System Management Agreement 124 By-Law 4178 OPS 18-04 Attachment 1 - Sewage System Management Agreement 2018-2020 125 By-Law 4179, To enter into an agreement with Her Majesty The Queen In Right Of Ontario for The Enabling Accessibility Fund (EAF). 1 By-law 4179 EAF Agreement 137 EAF Agreement 138 By-Law 4180, To Confirm the Proceedings of the Council Meeting of March 12, 2018 By-Law 4180 To Confirm 146 2 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, March 12, 2018, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of March 1, 2018 180301 Council MIN Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of March 1, 2018, be approved. 6. Delegations and Presentations 6.1. Volunteer Recognition Award Presentation to: Sharleen Marcotte-Winkworth 7. Committee Reports & Presentations The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, March 12, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - 8. Public Meetings 9. Planning Applications 10. Information Items 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.3. Development and Communication Services 13.3.1. DCS 18-10, SOMA Asia Mission Summary Report DCS 18-10 DCS 18-10 Summary Presentation Proposed Resolution #3 Moved By: Seconded By: THAT Council receives Report DCS 18-10, SOMA Asia Mission Summary for information purposes. 13.4. Finance 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-04, Renewal of Sewage System Management Agreement OPS 18-04 Renewal of Sewage System Management Agreement OPS 18-04 Attachment 1 - Sewage System Management Agreement 2018-2020 Proposed Resolution #4 Moved By: Seconded By: THAT Council receives Report OPS 18-04, Renewal of Sewage System Management Agreement; 4 Council Meeting – Agenda - 3 - AND THAT a By-law authorizing the Mayor and Clerk to execute the Sewage System Management Agreement with Oxford County Public Health be brought forward for Council consideration. 13.6.2. OPS 18-05, Results for Tender RFT 2018-006 Asphalt Paving Program OPS 18-05 Results for Tender RFT 2018-006 Asphalt Paving Program Proposed Resolution #5 Moved By: Seconded By: THAT Council receives Report OPS 18-05, Results for Tender RFT 2018-006 Asphalt Paving Program; AND THAT Council awards Tender RFT 2018-006 to 5 Star Paving Inc. of Cambridge, ON at a cost of $365,487.06 (net HST included), the lowest bid received satisfying all Tender requirements. 13.6.3. OPS 18-06, Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing OPS 18-06 Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing Proposed Resolution #6 Moved By: Seconded By: THAT Council receives Report OPS 18-06, Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing; AND THAT Council awards Tender RFT 2018-007 to Fortese Concrete Ltd. of London, ON at a cost of $116,464.32 (net HST included), the lowest bid received satisfying all Tender requirements. 13.7. Recreation, Culture & Park Services 13.7.1. RCP 18-09, Enabling Accessibility Fund Agreement – Accessible Trail Connection RCP 18-09 - Enabling Accessibility Fund Agreement - Accessible Trail Connection EAF Agreement RCP 18-09 ATT 2 5 Council Meeting – Agenda - 4 - Proposed Resolution #7 Moved By: Seconded By: THAT Council receives Report RCP 18-09, Enabling Accessibility Fund Agreement – Accessible Trail Connection; AND THAT Council authorizes staff to initiate the construction of a barrier-free connection between the Town’s Fourth-to-North rail trail and the Trans-Canada Trail as an augmentation of the planned work on the extension to the Trans- Canada Trail incorporated into the approved 2018 budget and workplan; AND THAT the project be funded by Enabling Accessibility Grant funding ($50,000), and by increasing the use of DC reserves from $18,000 to $31,500 and increasing the use of RCP Reserves from $2,000 to $3,500; AND THAT Council authorizes the Mayor and Clerk to sign the Articles of Agreement between the Town and Her Majesty in Right of Canada for the Enabling Accessibility Fund grant of $50,000 from the Government of Canada towards the project; AND THAT a by-law be brought forward for Council’s consideration. 13.7.2. RCP 18-10, Supply & Installation of Utility Corridor Fencing RCP 18-10 - Supply and Installation of Utility Corridor Fencing Correspondence from Municipality of Bayham Proposed Resolution #8 Moved By: Seconded By: THAT Report RCP 18-10, Supply & Installation of Utility Corridor Fencing be received for information; AND THAT Council confirms the position of Tillsonburg’s representatives on the Otter Valley Utility Corridor Board of Management endorsing the recommendation to authorize the Municipality of Bayham to install utility corridor fencing; AND THAT the Town’s 50% share of the cost for this work be funded from the royalties collected by the Town from the use of the utility corridor. 14. Unfinished Business 6 Council Meeting – Agenda - 5 - 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180201 HBC MIN 180207 Cultural MIN 180222 Museum MIN Proposed Resolution #9 Moved By: Seconded By: THAT Council receives the Heritage, Beautification & Cemetery Advisory Committee Minutes dated February 1, 2018; the Cultural Advisory Committee Minutes dated February 7, 2018; and the Museum Advisory Committee Minutes dated February 22, 2018, as information. 16.2. Long Point Region Conservation Authority Minutes dated February 7, 2018 180207 LPRCA MIN Proposed Resolution #10 Moved By: Seconded By: THAT Council receives the Long Point Region Conservation Authority Minutes dated February 7, 2081, as information. 17. Notice of Motions 17.1. Notice of Motion for which Previous Notice was Given Moved by: Councillor Adam THAT a staff report be prepared for the Council Meeting of Thursday, March 1, 2018 regarding governance options for the CT Pilot Project Steering Committee moving forward after the March 31, 2018 deadline; AND THAT multiple options be presented to Town Council, including, but not limited to, being elevated to official Town status, becoming an advisory committee, and creating a transportation board; AND FURTHER THAT increased participation amongst community members and organizations be promoted and pursued, in order to help support and guide the potential transformation of public transit in town. 7 Council Meeting – Agenda - 6 - 18. Resolutions 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Monday, March 12, 2018 20.1. Proposed Resolution #11 Moved By: Seconded By: THAT By-Law 4178, To authorize a Sewage System Management Agreement with the County of Oxford Agreement; and By-Law 4179, To enter into an agreement with Her Majesty The Queen In Right Of Ontario for The Enabling Accessibility Fund (EAF) Agreement, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.2. Proposed Resolution #12 Moved By: Seconded By: THAT By-Law 4180, To confirm the proceedings of the Council Meeting of March 12, 2018, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21. Items of Public Interest 22. Adjournment Proposed Resolution #13 Moved By: Seconded By: THAT the Council Meeting of Monday, March 12, 2018 be adjourned at _____ p.m. 8 = ATTENDANCE Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Lana White, Executive Assistant/Deputy Clerk Regrets: Mayor Stephen Molnar Councillor Max Adam David Calder, CAO 1. Call to Order The meeting was called to order at 5:00pm. 2. Closed Session Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1. personal matters about an identifiable individual, including municipal or local board employees (Appointment to Smart Cities Challenge Committee). Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Thursday, March 01, 2018 5:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 9 Council Meeting – Minutes - 2 - Council reconvened in regular session at 6:00pm. 3. Adoption of Agenda Resolution #2 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Agenda as prepared for the Council meeting of Thursday, March 01, 2018, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of February 12, 2018 180212 Council MIN Resolution #3 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Minutes of the Council Meeting of February 12, 2018 be approved. Carried 7. Delegations and Presentations 8. Committee Reports & Presentations 8.1. CL 18-10, 2018 Citizen of the Year Presenter: Matthew Scholtz, Chair, Special Awards Committee CL 18-10 2018 Citizen of the Year Matt Scholtz, Chair of the Special Awards Committee, presented Report CL 18-10 and answered questions from Council. Citizen of the Year award recipients are permanently and publicly recognized on paving stones in front of the Library. 10 Council Meeting – Minutes - 3 - Resolution #4 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report CL 18-10, 2018 Citizen of the Year; AND THAT Council supports the recommendations of the Special Awards Committee; AND FURTHER THAT the 2018 Citizen of the Year event shall be a separate event held at a Town facility in May or June; AND FURTHER THAT the Committee will be the decision making body for the award with a budget of $1000 for the event. Carried 9. Public Meetings Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. Carried 9.1. Application for Minor Variance- Curtis-Wilcox, A-01/18, 83 Rolph Street A-01/18 Report Report Attachments Application A-01/18 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report 2018-53, Application for Minor Variance A-01/18. Opportunity was given for Council to ask questions. Shane Curtis, applicant, was in attendance in support of the application, and responded to questions from Council. No members of the public appeared in support of, or in opposition to, the application. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Tillsonburg Committee of Adjustment approves Application File A01-18, submitted by 2117846 Ontario Inc. (Curtis Wilcox), for lands described as Lot 761 and 11 Council Meeting – Minutes - 4 - Part of Lots 763 & 764A, Plan 500, in the Town of Tillsonburg, municipally known as 83 Rolph Street, Town of Tillsonburg, as it relates to: 1. Relief from Section 12.2B – Minimum Dwelling Unit Area to permit 9 of the proposed 43 residential apartment units to be a minimum size of 39.76 m2 (428 ft2), in place of the required 55 m2 (592 ft2). Carried Resolution #7 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move out of the Committee of Adjustment and move back into regular Council session. Carried 10. Planning Applications 10.1. Application for Consent/Minor Variance - B17-73-7 & A17-11-7, 159 Quarter Town Line B17-73-7 Report Report Attachments Application B17-73-7 & A17-11-7 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP 2018-28, Application for Consent B17-73-7 and A17-11-7. Opportunity was given for Council to ask questions. The applicant was not in attendance. County of Oxford Land Division Committee is scheduled to meet April 5, 2018 to hear the application. Resolution #8 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council advises Oxford County Land Division Committee that the Town supports Applications B17-73-7 & A17-11-7, subject to the conditions contained in Report CP 2018-28. Carried 12 Council Meeting – Minutes - 5 - 11. Information Items 12. Mayor 13. Quarterly Reports 14. Reports from Departments 14.1. Chief Administrative Officer 14.2. Clerk’s Office 14.2.1. CL18-09, Smart Cities Challenge Committee Appointment CL 18-09 Smart Cities Challenge Committee Appointment-Open Resolution #9 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CL 18-08, Smart Cities Challenge Committee Appointment; AND THAT Scott Northcott be appointed as the Tillsonburg representative on the Oxford Municipal Partners Smart Cities Challenge Committee. Carried 14.2.2. CL 18-11, Tillsonburg Procedural By-Law CL 18-11 Procedural By-Law By-Law 4173, Tillsonburg Procedural By-Law By-Law 4173 Appendix A CL 16-20 Procedural By-Law The Town Clerk provided an overview of the updated version of the Procedural By-Law, which includes the requirements of Bill 68. A request was made for amendment to Section 8.1 – Duties of the Chair, allowing for debate of all matters before the resolution is introduced. This minor amendment will be made before 3rd reading. Resolution #10 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CL 18-11, Procedural By-Law; AND THAT By-Law 4173, Tillsonburg Procedural By-Law, be brought forward for Council consideration, for first and second reading. Carried 13 Council Meeting – Minutes - 6 - 14.3. Development and Communication Services 14.3.1. DCS 18-06, Animal Control By-Law Amendment – Muzzle Orders DCS 18-06 Animal Control By-Law Amendment Muzzle Orders By-Law 4169- Animal Control By-Law Amendment Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 18-06, Animal Control By-Law Amendment – Muzzle Orders, as information; AND THAT By-Law 4169, to amend By-Law 3507, Animal Care and Control, to include a provision for muzzle order hearings and appeals, be brought forward for Council consideration; AND THAT staff advertise for a community member for the Muzzle Order Appeal Committee for Council Appointment. Carried 14.3.2. DCS 18-02, Surplus Land Declaration – 58 Brock St E Report DCS 18-02 Cephas Panschow, Development Commissioner, was present to respond to questions from Council. Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 18-02 Surplus Land Declaration – 58 Brock Street East; AND THAT the property described as Part of Lot 1187 and 1188, Plan 500, designated as Part 3, on Reference Plan 41R5389, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy subject to: - Rezoning of the property by the Town from Open Space 1 to zoning suitable for development; - Preparation and approval of a Record of Site Condition by the Ministry of Environment and Climate Change; 14 Council Meeting – Minutes - 7 - - Advertising in accordance with Town Policy. Carried 14.3.3. DCS 18-08, Community Improvement Plan Application – 253 Broadway Report DCS 18-08 Application Cephas Panschow, provided an overview and responded to questions from Council. Clarification was given in regards to rebate provisions. The applicant, Maria Capotorto, was in attendance and responded to questions from Council. Resolution #13 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report DCS 18-08 Community Improvement Plan Application – 253 Broadway; AND THAT the 253 Broadway property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: - Years 1 to 6 - 100% rebate of the incremental tax increase - Year 7 - 80% rebate - Year 8 - 60% rebate - Year 9 - 40% rebate - Year 10 - 20% rebate - with full property taxes being payable in 2029; and - a 50% rebate of the building permit fees. Carried 14.3.4. DCS 18-09, Community Improvement Plan Application – 20 Vance Drive Report DCS 18-09 Application Cephas Panschow, provided an overview and responded to questions from Council. 15 Council Meeting – Minutes - 8 - The applicants were in attendance. Resolution #14 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report DCS 18-09 Community Improvement Plan Application – 20 Vance Drive; AND THAT the 20 Vance Drive property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: - Years 1 to 6 - 100% rebate of the incremental tax increase - Year 7 - 80% rebate - Year 8 - 60% rebate - Year 9 - 40% rebate - Year 10 - 20% rebate - with full property taxes being payable in 2029; and, - a 50% rebate of the building permit fees. Carried 14.3.5. DCS 18-11, Partner Agreement – Electric Vehicle Charging Station Report DCS 18-11 County Report CAO 18-03 Partner Agreement Schedule B to Agreement Cephas Panschow, provided an overview of the report and responded to questions from Council. Discussion was held in terms of location, signage of the station, and general operations of the station. Resolution #15 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 18-11 Partner Agreement – Electric Vehicle Charging Station; 16 Council Meeting – Minutes - 9 - AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to establish a charging station in Municipal Parking Lot 5B, described as Lot 947, Plan 500, Except Part 1 on Reference Plan 41R-2179 and Part 1 on Reference Plan 41R-2232, in the Town of Tillsonburg. Carried 14.3.6. DCS 18-12, Funding Agreement – Rural Economic Development Program Report DCS 18-12 Application Contribution Agreement Cephas Panschow, reviewed the report and responded to questions from Council. Resolution #16 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 18-12 Funding Agreement – Rural Economic Development Program; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into an agreement with the Province of Ontario to enable funding for the Manufacturing Acceleration Program. Carried 14.4. Finance 14.4.1. FIN 18-04, 200 Broadway Lease Extension FIN 18 - 04 200 Broadway Lease Extension Lease Extension Agreement Resolution #17 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives FIN 18-04, 200 Broadway Lease Extension; AND THAT By-law 4174 to amend By-law 3766 to extend the lease for space at 200 Broadway, Tillsonburg between the Town of Tillsonburg and SBLP Tillsonburg Town Centre Inc., be brought forward for Council Consideration. Carried 17 Council Meeting – Minutes - 10 - 14.5. Fire and Emergency Services 14.6. Operations 14.6.1. OPS 18-03, Results for Tender RFT 2018-002 Concession Street East Reconstruction OPS 18-03 Results for Tender RFT 2018-002 Concession Street East Reconstruction Resolution #18 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-03, Results for Tender RFT2018-002 Concession Street East Reconstruction; AND THAT Council awards Tender RFT2018-002 to Viewcon Construction Ltd. of Woodstock, ON at a cost of $1,078,854.26 (net HST included), the lowest bid received satisfying all Tender requirements; AND THAT Council authorizes the use of up to $35,000 from the Asset Management Reserve towards this project. Carried 14.7. Recreation, Culture & Park Services 15. Unfinished Business 16. Staff Information Reports 17. Committee Minutes & Reports 17.1. Committee Minutes 180207 Special Awards MIN 180109 Fire Strat Planning Committee MIN 180205 Development Committee MIN Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Special Awards Committee minutes dated February 7, 2018; the Fire Strategic Planning Committee minutes dated January 9, 2018; and the Development Committee minutes dated February 5, 2018, as information. Carried 18 Council Meeting – Minutes - 11 - 17.2. Tillsonburg BIA Board Minutes 170110 BIA MIN 170214 BIA MIN 170321 BIA MIN 170509 BIA MIN 170613 BIA MIN 170912 BIA MIN 171010 BIA MIN 171114 BIA MIN Resolution #20 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Tillsonburg BIA Board Minutes dated January 10, 2017, February 14, 2017, March 21, 2017, May 9, 2017, June 13, 2017, September 12, 2017, October 10, 2017 and November 14, 2017, as information. Carried 18. Notice of Motions 18.1. Notice of Motion for which Previous Notice was Given In the absence of Councillor Adam. the Notice of Motion was deferred to the March 12, 2018 Council Meeting. Moved by: Councillor Adam THAT a staff report be prepared for the Council Meeting of Thursday, March 1, 2018 regarding governance options for the CT Pilot Project Steering Committee moving forward after the March 31, 2018 deadline; AND THAT multiple options be presented to Town Council, including, but not limited to, being elevated to official Town status, becoming an advisory committee, and creating a transportation board; AND FURTHER THAT increased participation amongst community members and organizations be promoted and pursued, in order to help support and guide the potential transformation of public transit in town. 19 Council Meeting – Minutes - 12 - 19. Resolutions 20. Resolutions Resulting from Closed Session 21. By-Laws By-Laws from the Meeting of Thursday, March 01, 2018 21.1. Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4173, Tillsonburg Procedural By-Law, be read for a first and second reading. Carried 21.2. Resolution #22 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4169, Animal Control By-Law Amendment; By-Law 4174, To Authorize a Lease Extension and Amending Agreement with SBLP; By-Law 4175, To Authorize an Agreement with the Province of Ontario (RED); and By-Law 4176, To Authorize a Partner Agreement with the County of Oxford for a Vehicle Charging Station, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21.3. Resolution #23 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4177, To Confirm the Proceedings of the Council Meeting of March 1, 2018, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20 Council Meeting – Minutes - 13 - 22. Items of Public Interest 23. Adjournment Resolution #24 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Council Meeting of Thursday, March 01, 2018 be adjourned at 8:13 p.m. Carried 21 Report Title SOMA Asia Mission Summary Report No. DCS 18-10 Author Cephas Panschow Meeting Type Council Meeting Council Date MARCH 1, 2018 Attachments Presentation Page 1 / 2 RECOMMENDATION THAT Council receive Report DCS 18-10 SOMA Asia Mission Summary for information purposes. EXECUTIVE SUMMARY The purpose of this report is to provide Council with a summary of the November/December mission undertaken by Town representatives as part of the Southwestern Ontario Marketing Alliance’s trade and investment mission. BACKGROUND The Southwestern Ontario Marketing Alliance (SOMA) visits Asia on a regular basis as part of their ongoing investment attraction and retention program. The SOMA Region has been the top investment location for foreign direction investment from Japan into Canada from 2003 to 2015 and regular visits to that market are important to maintain and grow these relationships. The 2017 mission also included participation in the Premier’s Mission to China and supported the South Central Ontario Region’s (SCOR) mission as well. Overall, the mission resulted in connections with 83 companies as follows: • 13 business retention meetings (existing companies in the region) • 3 individual investment attraction meetings (by individual members) • 62 private sector companies at joint events • 4 SOMA investment attraction meetings In addition to this, Tillsonburg representatives were able to visit the Town’s sister city of Hengshui, Hebei Province, in China. The Town’s visit was well received and both the City of Hengshui and the Harrison International Peace Hospital were very gracious in hosting the Town’s representatives. Based on this, the sister city relationship has been strengthened and both municipalities will look into ways to work together to contribute to each other’ success. A potential delegation from Hengshui visiting Tillsonburg may also be a possibility. 22 Page 2 / 2 Overall, the mission is deemed a success based on the number of connections made, relationships that were maintained/grown, and the visit of a potential investor to the region already. CONSULTATION/COMMUNICATION The Development Committee has been provided this presentation. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. The 2017 Economic Development & Marketing budget contained funding for the Town’s participation and these costs were offset by Per Diem contributions from SOMA. COMMUNITY STRATEGIC PLAN Theme 2.1 of the Community Strategic Plan identifies the need to Support new and existing businesses and provide a variety of employment opportunities. Maintaining relationships with companies that have an existing location in Tillsonburg and seeking out new investment opportunities will help support business and employment growth in Tillsonburg over the long term. 23 SOMA 2017 Asia Mission Summary Economic Development & Marketing March 1, 2018 24 2 Itinerary - November 19 to December 5 •China •Nov 21 – City of Nanjing •Nov 22 – Hengshui (SOMA @ Ma-anshan) •Nov 23 – Hengshui •Nov 24/25 – Premier’s Mission •Japan •Nov 27 – Embassy/Client/THK •Nov 28 – Town Client Visit •Nov 29 – Travel to Nagoya •Nov 30 – Consul General Meeting, Reception •Dec 1 – SOMA Client Visit •China •Dec 4 - Zhongguancun Haidian Science Park (Beijing), China International Travel Service •Dec 5 - China Investment Promotion Agency 25 3 China 26 4 City of Nanjing Meeting 27 5 City of Nanjing/SOMA MOU 28 6 Hengshui – Sister City 29 7 Mayor Molnar & Deputy Mayor Cui Presentation Title | Section 30 8 President Su – Harrison International Peace Hospital Presentation Title | Section 31 9 “Basketball Diplomacy”??? 32 10 Basketball Diplomacy”??? Presentation Title | Section 33 11 Premier’s Mission 34 12 Presentation Title | Section 35 13 Premier Announces More Than $800 Million in New Agreements in Beijing •Partnerships with Chinese Businesses Creating 860 Ontario Jobs •November 24, 2017 9:30 A.M.Office of the Premier •Today at a ceremony in Beijing, Premier Kathleen Wynne announced almost $600 million in new agreements expected to create 583 jobs in Ontario. •Ontario and Chinese businesses and institutions signed 25 agreements today, including: •Ontario's OTT Financial Group and Tencent Cloud are working together to build a Business Accelerator Centre in Toronto that will foster entrepreneurship, introduce applications of internet technologies, and provide start-up businesses with funding, technology and administrative support. They are also working together to develop Tencent Cloud markets in Canada. Together, the projects are valued at $15 million •Queen Financial Group signed a cooperation agreement with China Taihe Group and Funding Investment Management, valued at $500 million, to co-sponsor the establishment of the Haichuang Fund, a high-tech talent innovation venture equity investment fund •Western University signed an agreement with the China Automotive Battery Research Institute (CABRI), valued at $3.35 million, to establish a joint laboratory to develop next-generation all solid-state batteries for electric vehicles. They also announced that CABRI has registered a new Canadian-based R&D company. Presentation Title | Section 36 14 Japan 37 15 THK Co Presentation Title | Section 38 16 THK Co Presentation Title | Section 39 17 40 18 Joint SOMA/City of Markham Embassy Event Presentation Title | Section 41 19 Client (B-Joetsu) 42 20 Consul General (Nagoya) 43 21 China (SCOR/Canada168.com) 44 22 China International Travel Services Presentation Title | Section 45 23 In Summary Business Retention - Individual Business Attraction - Individual Business Attraction – Joint Events Business Attraction – Joint Meetings (Consultant) 13 Companies 3 Companies 12+50 4 companies Presentation Title | Section •Total of 82 companies connections!!! 46 24 In Summary (Con’t) •Consulate General of Canada in Shanghai •Export Development Canada (Shanghai Office) •City of Nanjing •City of Ma-anshan •Canadian Embassy – Joint Reception with the City of Markham – 50 companies •Consulate General of Canada in Nagoya •Reception at Consul General’s House – 12 Companies Presentation Title | Section 47 25 Key Follow-up •City of Nanjing MOU •Establish a closer relationship between the two areas •Provide assistance to each other •Promote economic and trade development •City of Hengshui (Sister City) •Potential official visit in 2018 •Investigate ways to promote trade and development •Client Follow-up •Already hosted one company considering an investment Presentation Title | Section 48 26 Thanks! Presentation Title | Section 49 Report Title Renewal of Sewage System Management Agreement Report No. OPS 18-04 Author Kevin De Leebeeck, P. Eng., Director of Operations Meeting Type Council Meeting Council Date March 12, 2018 Attachments Sewage System Management Agreement 2018-2020 Page 1 / 2 RECOMMENDATION: THAT Council receive Report OPS 18-04, Renewal of Sewage System Management Agreement; AND THAT a By-law authorizing Mayor and Clerk to execute the Sewage System Management Agreement with Oxford County Public Health be brought forward for Council consideration. BACKGROUND In 1998, when the on-site sewage system program regulations were transferred from the Environmental Protection Act to the Building Code Act, Oxford County Public Health & Emergency Services entered into an agreement with the area municipalities of Oxford County to continue providing related services. The current “Sewage System Management Agreement” with the Town of Tillsonburg that defines the services and fees related to the administration and enforcement of Part 8 of the Ontario Building Code will expire on April 8, 2018. Oxford County Public Health have staff that are qualified in undertaking these inspections and have indicated an interest to continue approving and inspecting septic systems on behalf of the Town of Tillsonburg. SUMMARY Pursuant to Section 6.2(1) of the Building Code Act, 1992, the area municipality may enter into an agreement with the County of Oxford for the purpose of delegating to Public Health certain responsibilities under the Act and the Building Code with respect to on-site sewage systems with a capacity of less than 10,000 litres per day. The County of Oxford is requesting that the Town of Tillsonburg renew the “Sewage System Management Agreement” with Oxford County Public Health for an additional two (2) years. As Council may be aware, effective May 1 2018, Oxford County Public Health is merging with Elgin St. Thomas Public Health to form a new Board of Health: Oxford Elgin St. Thomas Board of Health. A s a result, language has been incorporated into the new Sewage System Management Agreement to transfer all rights and obligations of the County of Oxford under the Agreement to the new Board of Health at the time that the merger comes into effect. This provision will ensure that the services provided by Oxford County Public Health under the Agreement continue to be provided to the Town of Tillsonburg by the merged Board of Health throughout the term of the Agreement. 50 Page 2 / 2 Other changes include inserting the 2015 addendum related to mandatory maintenance inspections into the Agreement and an updated fee schedule. All revisions made to the attached Agreement are highlighted yellow. CONSULTATION/COMMUNICATION The Manager of Water/Wastewater, Manager of Engineering and Chief Building Official have no concerns at this time with the renewal of this agreement. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact to the Town. COMMUNITY STRATEGIC PLAN (CSP) Renewal of the Sewage System Management Agreement to continue providing the administration and enforcement of Part 8 of the Ontario Building Code supports Objective 1 – Excellence in Local Government of the Community Strategic Plan. 51 SEWAGE SYSTEM MANAGEMENT AGREEMENT BETWEEN COUNTY OF OXFORD AND THE CORPORATION OF THE TOWN OF TILLSONBURG February 13, 2018 52 2.... SEWAGE SYSTEM MANAGEMENT AGREEMENT This Agreement dated as of the day of BETWEEN: COUNTY OF OXFORD (hereinafter called “Public Health”), or any subsequent assigns including the County of Oxford OF THE FIRST PART -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS this Sewage System Management Agreement (hereinafter called the “Agreement”) is being entered into pursuant to Section 6.2 (1) of the Building Code Act, 1992, as amended (hereinafter called the “Act”), for the purpose of delegating to Public Health certain responsibilities under the Act and the Building Code, as they are from time to time amended, as set out herein with respect to sewage systems (with a capacity of less than 10,000 litres per day); NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE GENERAL Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are readily available in the Municipality (hereinafter called the “Lands”). Section 1.02 Duties: The Department of Public Health & Emergency Services for County of Oxford herein known as Public Health shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement, and any other legislation contemplated hereunder. Section 1.03 Public Health has the expertise to provide to the Municipality the services identified in this Agreement. 53 3.... Section 1.04 The parties acknowledge that the Chief Building Official and Inspectors of the Municipalities appointed under Sections 3 and 4 of the Act shall not exercise their powers under the Act in respect to sewage systems while this Agreement is in effect. Section 1.05 This Agreement may, by mutual agreement, be amended in writing from time to time, to reflect changes in the programs of the parties to the Agreement, and/or as a result of changes in legislation or provincial policies, and/or as a result of subsequent discussions between the parties. Section 1.06 Schedules A to D form part of this Agreement. ARTICLE TWO DEFINITIONS Section 2.01 In this Agreement, (i) “Director” means the Director of the Department of Public Health & Emergency Services for County of Oxford. (ii) “Sewage System” means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a capacity of less than 10,000 litres which is not owned and operated by the Crown, a municipality, or an organization acceptable to the Director responsible for issuing a Certificate of Approval under the Water Resources Act. (iii) “Inspector” means an inspector appointed under the Building Code Act, 1992, as amended; and Section 5.01 of this Agreement. ARTICLE THREE SERVICES OF PUBLIC HEALTH Section 3.01 Services: Public Health shall provide the following services in relation to the Lands: (i) Must carry out an inspection of land which is planned to be divided by severance where no municipal sewage services are proposed to ensure that each lot will be suitable for the installation of a Sewage System. (ii) Inspection of properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System. 54 4.... (iii) Following the issuance of a permit, inspection, and reinspection when necessary, of Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code. (iv) Maintenance inspections pursuant to a mandatory maintenance inspection program to ascertain compliance with the standards prescribed under the Act. (v) Land inspections to determine the acceptability of applications for Minor Variances or lot line adjustments, as they relate to existing and proposed Sewage Systems, and review of official plans, zoning by-laws, and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (vi) Issue permits under the Act and Building Code relating to Sewage Systems (a “Permit”). (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (v) of this Section. (viii) Provide reports and comments on Minor Variances and Severances directly to the appropriate planning authority. (ix) Review planning documents including, but not limited to, subdivision proposals, draft official plans, and proposed amendments, to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (x) Attend meetings of the Municipal Council and its committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems. (xi) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. (xii) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under Part 8 of the Building Code. (xiii) Consult with various groups regarding compliance with provisions of the Act and Building Code relating to Sewage Systems. (xiv) Facilitate responses to inquiries relative to Sewage System records made by any person under the Freedom of Information and Protection of Privacy Act and related Regulations, as amended from time to time, or through any other legal channel, in consultation with the Legislative Services Coordinator for the County of Oxford. 55 5.... (xv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems. (xvi) Issue orders under the Act relating to Sewage Systems. (xvii) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c .P.33. (xviii) Public Health shall provide all forms necessary for the administration of this Agreement. (xix) Any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xx) Public Health, for the purposes of the administration and enforcement of the Act and the Regulations and for carrying out the powers and duties under the Act, shall collect statistical and other information and keep such records in accordance with the provisions of the County of Oxford’s Records Retention By-law. The Municipality may require information from Public Health concerning the administration of the Act and Regulations as they pertain to Sewage Systems and statistical and other information relevant to the quality of the environment. Public Health will provide such information from time to time in a form stipulated by the Municipality to enable the Municipality to combine this data with data from other parts of the province. ARTICLE FOUR FEES Section 4.01 Collection of Fees: Public Health shall collect and retain all fees, as set out in Schedule A, payable by any person for work performed by Public Health hereunder as compensation for its services provided hereunder and all persons required to pay any such fee shall pay the fee to Public Health. Section 4.02 Amendment of Fee Schedule: Public Health shall have the sole discretion, acting reasonably, to amend the fees as set out in Schedule A from time to time and shall give notice to the Municipality of any such change. Section 4.03 The Municipality shall provide assistance, subject to availability of resources, with respect to prosecutions, appeals, and other matters that come before municipal tribunals or tribunals under the Act and Regulations. 56 6.... ARTICLE FIVE INSPECTORS Section 5.01 Qualifications: An Inspector must be qualified in accordance with the requirements of Section 15.11 of Act and only people meeting one of the following qualifications shall be employed by Public Health as an Inspector for the purposes of this Agreement: (a) Certificate in Public Health Inspection (b) Certified Engineering Technologist or equivalent. Section 5.02 Appointment: The Director shall be responsible for the appointment of all Inspectors and shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each Inspector appointed by Public Health. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 Liability of County of Oxford: County of Oxford shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of Public Health in executing any work under this Agreement. Section 6.02 Insurance: For the term of this Agreement, County of Oxford will, at its expense, maintain liability insurance contracts of a nature, in the amounts, and containing the terms and conditions, if any, it considers necessary. ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 Term: This Agreement shall continue in force for a period of two years commencing April 9, 2018 and ending April 8, 2020. Section 7.02 Termination: Either party may terminate this Agreement upon 90 days written notification. ARTICLE EIGHT MISCELLANEOUS 57 7.... Section 8.01 Preamble: The preamble to this Agreement (the “Preamble”) shall be deemed to form an integral part of the Agreement and the parties agree that recitals set out in the Preamble are true. Section 8.02 Gender: Whenever the singular form is used in this Agreement and, when required by the context, the same shall include the plural, the plural shall include the singular, and the masculine gender shall include the feminine and neuter genders. Section 8.03 Amendments: This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 Assignment: Subject to Section 8.04 a, this Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 Transfer of all Rights and Obligations to Oxford Elgin St. Thomas Board of Health: Notwithstanding section 8.04, both parties hereby acknowledge and agree that effective on the date upon which planned amendments to Regulation 553 (“Areas Comprising Health Units”) under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, come into force, which amendments will bring into effect the merger of the Oxford County Board of Health and the Elgin St. Thomas Board of Health Board of Health through the establishment of the Board of Health for the Oxford Elgin St. Thomas Health Unit (“Oxford Elgin St. Thomas Board of Health”), all rights and obligations of the County of Oxford under this Agreement shall be transferred to the Oxford Elgin St. Thomas Board of Health. The parties further acknowledge and agree that as of that date all rights and obligations under this Agreement shall be legally binding upon the Municipality and the Oxford Elgin St. Thomas Board of Health. Section 8.06 Notices: Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To Public Health: County of Oxford Public Health & Emergency Services 410 Buller Street Woodstock, Ontario N4S 4N2 Attention: Lynn Beath, Director of Public Health & Emergency Services (b) To the Municipality: The Corporation of TOWN OF TILLSONBURG Attention: Clerk 58 8.... Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party or, if mailed postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this Section. Section 8.07 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction, or effect of this Agreement. Section 8.08 Governing Law: The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the ____day of ____________________,2018. COUNTY OF OXFORD Peter M. Crockett, P.Eng., Chief Administrative Officer Lynn Beath, Director of Public Health and Emergency Services THE CORPORATION OF THE TOWN OF TILLSONBURG Stephen Molnar, Mayor Donna Wilson, Clerk 59 9.... SCHEDULE “A” Sewage System Management Agreement Fee Structure Sewage System Building Permit Categories A. Daily Sewage Flow not exceeding 10,000 Litres /day (Class 4, 5) $795.00 B. Class 2 System (Leaching Pit) $250.00 C. Class 3 System (Cesspool) $250.00 D. Class 4 - Tank replacement $250.00 E. Leaching bed material alteration or repair $550.00 F. Change of Use Permit $340.00 G. Performance Level Review (file and site inspection) $227.00 + HST H. Site Review Assessment (site inspection) $100.00 + HST Land Control Reviews I. Subdivision (per lot to maximum $1,500.00) $100.00 J. Severance/Minor Variance/Zoning (per lot) $125.00 Services K. File Search $170.00 L. Urgent File Search (Mortgage Appraisal less than 2 weeks) K + $50.00 Mandatory Maintenance Inspection Program M. Phase I - Maintenance $ 175.00 N. Phase II - Maintenance Inspection $ 175.00 Schedule of Fees--2018-2020 Permit Category 2018* 2019 2020** ______ A $795 $810 $825 D $250 $300 $300 *as of April 9th, 2018 ** Ends April 8th, 2020 60 10.... SCHEDULE “B” Forms Form 1 Application for Sewage System Building Permit i. Plans and Specifications for a Sewage System ii. Application for a Permit to Construct or Demolish iii. Worksheet A: Daily Sewage Flow Calculation iv. Worksheet B: Fixture Unit Count v. Worksheet C: Site Plan Evaluation vi. Worksheet D: Leaching Bed Calculations vii. Worksheet E: Cross Sectional Drawings viii. Declaration of Soil Analysis – Native Soil ix. Leaching Bed Fill Certification x. Agent Authorization Form 2 Application for Performance Level Review and Change of Use Permit Form 3 Site Review Assessment (Site Inspection) Form 4 Notice of Completion Form 5 Orders (various types) 61 11.... SCHEDULE “C” List of Plans or Working Drawing to accompany applications for permits 1) The Site Plan 2) Sewage System Drawing 3) Soils Report or Percolation Results Report 4) Leaching Bed Fill Certification 62 12.... SCHEDULE “D” Refunds Status of Percentage of Fees Permit Application Eligible for Refund 1) Application filed. 80% No processing or review of plans submitted 2) Application filed. Plans reviewed and permit issued 60% 3) Additional deduction for each field inspection that had been performed 30% 4) Permits valued at less than $100.00 0% Note: Percentages shown are examples only and are not intended to be representative 63 Report Title Results for Tender RFT 2018-006 Asphalt Paving Program Report No. OPS 18-05 Author Eric Flora, P.Eng., Manager of Engineering Meeting Type Council Meeting Council Date March 12, 2018 Attachments • None Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 18-05, Results for Tender RFT 2018-006 Asphalt Paving Program; AND THAT Council award Tender RFT 2018-006 to 5 Star Paving Inc. of Cambridge, ON at a cost of $365,487.06 (net HST included), the lowest bid received satisfying all Tender requirements. SUMMARY Tenders were called for the Hot Mix Asphalt Paving Program with twelve (12) plan takers and a total of six (6) bids received on February 27, 2018 with the lowest bid from 5 Star Paving Inc. Cambridge, Ontario at a cost of $365,487.06 (net HST included). As shown in Figure 1 the project includes full depth resurfacing of Lisgar Avenue, partial depth resurfacing of Van Norman Drive and Centennial Avenue, other minor asphalt patching and repairs as a result of maintenance work from the Public Works and Water Departments. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: Bidder Location Bid Amount 1. 5 Star Paving Inc. Cambridge, ON $ 365,487.06 2. Brantco Construction Cambridge, ON $ 377,422.65 3. Armstrong Paving St. Mary’s, ON $ 378,666.88 4. Permanent Paving Ltd. Woodstock, ON $ 386,825.38 5. Coco Paving Inc. Petersburg, ON $ 428,892.96 6. Dufferin Construction London, ON $ 512,217.10 64 Page 2 / 3 The above bids include net HST of 1.76%. The bids also include a $15,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. It should be noted that the actual price of asphalt cement from the time the tender is closed to the time asphalt is actually placed is subject to an Asphalt Cement (AC) adjustment factor that is set monthly by the MTO. Staff have contacted the references and the additional reference material for 5 Star Paving Inc. and are satisfied that this contractor will successfully perform the work. CONSULTATION/COMMUNICATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance. FINANCIAL IMPACT/FUNDING SOURCE The combined budget for this project is $412,400 which consists of $382,400 from the 2018 capital budget (Provincial Gas Tax), a $20,000 allocation from the roads patching maintenance operating budget, and $10,000 from the water maintenance operating budget. ITEM NOTES TENDER COST 2018 BUDGET ALLOCATION Water Maintenance (Operating) Break Repairs $9,965 $10,000 Roads Patching Maintenance (Operating) Surface Failure $17,703 $20,000 2018 Capital Asphalt Resurfacing Various Streets $337,819 $382,400 Lisgar Avenue 590m (full depth) $198,273 Van Norman Drive 710m (partial depth) $91,507 Centennial Avenue 380m (partial depth) $48,039 HOT MIX ASPHALT TOTAL $365,487 $412,400 COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. 65 Page 3 / 3 66 Report Title Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing Report No. OPS 18-06 Author Eric Flora, P.Eng., Manager of Engineering Meeting Type Council Meeting Council Date March 12, 2018 Attachments • None Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 18-06, Results for Tender RFT 2018-007 Concrete Sidewalk and Curbing; AND THAT Council award Tender RFT 2018-007 to Fortese Concrete Ltd. of London, ON at a cost of $116,464.32 (net HST included), the lowest bid received satisfying all Tender requirements. SUMMARY Tenders were called for the Concrete Sidewalk and Curb & Gutter Construction program with fifteen (15) plan takers and a total of seven (7) bids received on February 27, 2018 with the lowest bid from Fortese Concrete Ltd. of London, Ontario at a cost of $116,464.32 (net HST included). The project includes replacement of miscellaneous sidewalk sections identified from the Sidewalk Inspection Program, repairs as a result of maintenance work from the Public Works and Water Departments, as well as repairing damaged curb and gutter at various locations throughout Town. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: Bidder Location Bid Amount 1. Fortese Concrete Ltd. London, ON $116,464.32 2. J. Franze Concrete Ltd. London, ON $134,806.56 3. DPA Contracting Ltd. London, ON $152,258.40 4. Tri-Capital Construction Inc. Woodbridge, ON $181,997.76 5. Autoform Contracting London, ON $194,122.46 6. JB Construction Mgmt Corp Paris, ON $212,856.48 7. Dufferin Construction Company London, ON $273,288.69 67 Page 2 / 2 The above bids include net HST of 1.76%. T he bids also include a $5,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. CONSULTATION/COMMUNICATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance. FINANCIAL IMPACT/FUNDING SOURCE The combined budget for this project is $125,000 from a 2018 budget allocation mixture as follows: • $35,000 – Sidewalk Maintenance Operating Budget • $30,000 – Curb & Gutter Maintenance Operating Budget • $10,000 – Storm Sewer Maintenance Operating Budget • $25,000 – Broadway & Brock AODA Upgrade Capital Budget • $25,000 – Quarter Town Line Corridor Management Implementation Capital Budget COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. 68 Report Title Enabling Accessibility Fund Agreement – Accessible Trail Connection Report No. RCP 18-09 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date March 12, 2018 Attachments • Articles of Agreement • Enabling Accessibility Fund Application Submission Page 1 / 2 RCP 18-09 - Enabling Accessibility Fund RECOMMENDATION THAT Council receives Report RCP 18-09 – Enabling Accessibility Fund Agreement – Accessible Trail Connection; AND THAT Council authorize staff to initiate the construction of a bar rier-free connection between the Town’s Fourth-to-North rail trail and the Trans-Canada Trail as an augmentation of the planned work on the extension to the Trans-Canada Trail incorporated into the approved 2018 budget and workplan; AND THAT the project be funded by Enabling Accessibility Grant funding ($50,000), and by increasing the use of DC reserves from $18,000 to $31,500 and increasing the use of RCP Reserves from $2,000 to $3,500; AND THAT Council authorize the Mayor and Clerk to sign the Articles of Agreement between the Town and Her Majesty in Right of Canada for the Enabling Accessibility Fund grant of $50,000 from the Government of Canada towards the project AND THAT a by-law be brought forward for Council’s approval. EXECUTIVE SUMMARY In June, 2017, Council authorized the submission of an application for Enabling Accessibility Fund. The advice from the Town’s Accessibility Advisory Committee was incorporated into the grant application, submitted in July 2017. Notification of the successful application was received on February 21, 2018 and the Town has one year to complete the project. This report requests authority to execute the agreement and execute the project. BACKGROUND A barrier-free connection between the Town’s Fourth-to-North rail trail and the Trans-Canada Trail (TCT) is a desirable improvement to the active transportation network in Tillsonburg. With approval from Council and endorsement from Oxford County staff, an application for grant funds to implement a barrier free connection was submitted last summer. The main objective of this project is to provide a c onvenient and safe barrier-free route connecting the two rail-trails. The trails intersect at an overpass with a significant (greater than 25') vertical separation but both trails are heavily used as active transportation routes to workplaces, shopping and entertainment and for recreational use by families, couples, seniors, folks with mobility issues and visitors to the community. There is a much longer, sidewalk-based barrier-free connection that can be used as an alternative but this route adds significant distance 69 Page 2 / 2 RCP 18-09 - Enabling Accessibility Fund and time for individuals with mobility issues, as well as the increased risk of roadside travel. This project will safely connect the two trails where they cross which will save time and effort and consequently increase utilization and opportunities for anyone with mobility issues to get to work, to shopping and entertainment destinations, and for recreational enjoyment. The conceptual design of the connection as submitted involves building a walkway with a crushed-gravel surface from the TCT down to the Town’s rail trail by cutting into the side of the embankment. To accomplish this, some trees will need to be removed and a retaining wall put in place. The estimated cost of this project is $85,000. Oxford County staff are planning to present a comprehensive report on the Trans-Canada Trail project to County Council at their Council meeting scheduled for March 28, 2018. Among other things, the report will request County Council authorization to amend Schedule A of the Agreement with the Town of Tillsonburg and extend the TCT on t he CASO line through Tillsonburg to Quarter Town Line. If this receives County approval, the report will be brought to Tillsonburg Council at the meeting of April 9, 2018 for consideration. No additional funds to establish the additional length of trail will be needed from the Town beyond the funds already committed as part of the Agreement with the County. CONSULTATION/COMMUNICATION The project was identified by the Accessibility Advisory Committee as the most appropriate fit between the funding priorities and t he accessibility needs of the Town. County staff, a landscape architect, and local surveyors were consulted during the development of the grant application. FINANCIAL IMPACT/FUNDING SOURCE This Agreement secures $50,000 from the Government of Canada towards the $85,000 cost of the project, with the other $35,000 projected as coming from the Town. It is recommended that the Town’s contribution be funded by drawing $31,500 from Development Charges and $3,500 from the RCP Reserve. The current Development Charges Study includes $135,000 in new trail development between 2014 and 2023. Of this, 90% or $121,500 is expected to be paid for by development charges. To date, this Council has spent $47,700, leaving $73,800. The 2018 Budget commits a further $18,000 from this Development Charge reserve and $2,000 from the RCP Reserve for trail improvements which have been prioritized for the extension of the TCT through Tillsonburg. As this new project is aligned with that prioritization, staff recommends that the DC allocation for trails improvement be increased to $31,500 to fund the Town’s contribution to the barrier-free connection. The matching use of RCP reserves will increase from $2,000 to $3,500. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This issue paper provides information in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 2 – Sustainable Economy • Objective 4 – Culture & Community 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Report Title Supply and Installation of Utility Corridor Fencing Report No. RCP 18-10 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date March 12, 2018 Attachments  Correspondence from Municipality of Bayham Page 1 / 2 RCP 18-10 -Supply and installation of utility corridor fencing (2) RECOMMENDATION THAT Report RCP 18-10 - Supply & Installation of Utility Corridor Fencing be received for information; AND THAT Council confirms the position of Tillsonburg’s representatives on the Otter Valley Utility Corridor Board of Management endorsing the recommendation to authorize the Municipality of Bayham to install utility corridor fencing; AND THAT the Town’s 50% share of the cost for this work be funded from the royalties collected by the Town from the use of the utility corridor. EXECUTIVE SUMMARY A section of the Otter Valley Utility Corridor requires fencing. Under the Joint Venture agreement between the Town and the Municipality of Bayham, expenditures of this nature require the approval of the joint Board of Management as well as the respective Councils. BACKGROUND On October 10, 2017 correspondence was sent from Ms. Kristi Rockley concerning trespass and fencing along the Otter Valley Utility Corridor. On November 7, 2017 the Otter Valley Utility Corridor Board of Management passed the following resolution: THAT Bayham and Tillsonburg staff be directed to design page wire and steel gate specifications for annual site specific lateral utility corridor fencing construction utilizing annual Corridor Use Agreement allocations, for Board of Management considerations. On March 8, 2018 the Otter Valley Utility Corridor Board of Management passed the following resolution: THAT Report CAO 10/18 re RFQ 18-01 Supply & Installation of Utility Corridor Fencing be received for information; AND THAT the Otter Valley Utility Corridor Board of Management direct Bayham staff to enter into an Agreement with Verdant for the Supply & Installation of Utility Corridor Fencing for Council Consideration; AND THAT fence posts be spaced at 4.0 metres for a cost of $6.50/foot of fence as per RFQ 18-01; AND THAT 2018 works be capped at an upset limit of $18,000. Page 2 / 2 RCP 18-10 -Supply and installation of utility corridor fencing (2) CONSULTATION/COMMUNICATION Correspondence from the landowner and the Municipality of Bayham is attached. Bayham staff issued an RFT for the work to secure pricing. FINANCIAL IMPACT/FUNDING SOURCE The Town of Tillsonburg receives royalties on an annual basis from the utility company using the corridor for transmission. As per the Joint Venture Agreement, these royalties are placed in a reserve for the purpose of maintaining and improving the corridor. The table to the right shows the amounts received and contributed to reserve for the last several years. The work recommended by this report is an appropriate use of these funds, but requires the approval of the Board of Management as well as the respective municipal Councils. Tillsonburg’s share of the $18,000 upset limit for 2018 is $9,000. For 2018, the royalties and corresponding contribution to reserve is budgeted at $11,300. To fund The Town’s share of this work, the 2018 net contribution to reserve would be reduced by up to $9,000. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This issue paper provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca March 2, 2018 Rick Cox Director of Recreation, Culture & Parks Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Sent via Email: RCox@Tillsonburg.ca RE: UTILITY CORRIDOR FENCING – RFQ 18-01 Please be advised on March 1, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolutions: 1)THAT Report CAO-10/18 re RFQ 18-01 Supply & Installation of Utility Corridor Fencing be received for information; AND THAT pending approval from the Otter Valley Corridor Board of Management, staff be directed to bring forward a by-law to enter into an Agreement with Verdant for the Supply & Installation of Utility Corridor Fencing for Council consideration. 2)By-Law No. 2018-028 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Verdant for the supply and installation of utility corridor fencingand gates at various locations within the Municipality of Bayham on the Utility Corridor (This by- law follows the recommendation in Report CAO-10/18 by Paul Shipway, CAO | Clerk during the regular meeting of March 1, 2018) A copy of Report CAO-10/18 is attached hereto. Council did request that staff inquire into the price of Verdant placing the posts with a 4 metre separation versus a 6 metre separation. Council is comfortable with staff proceeding with final award of the contract and commencement of work pending approval from Tillsonburg. Council will leave it to Tillsonburg to determine what that approval looks like on your end. Should you require any additional information please do not hesitate to contact the undersigned. Regards, Paul Shipway CAO|Clerk pshipway@bayham.on.ca 103 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: March 1, 2018 REPORT: CAO-10/18 SUBJECT: RFQ 18-01 SUPPLY & INSTALLATION OF UTILITY CORRIDOR FENCING BACKGROUND: On October 10, 2017 correspondence was sent from Ms. Kristi Rockley concerning trespass and fencing along the Otter Valley Utility Corridor. On November 7, 2017 the Otter Valley Utility Corridor Board of Management passed the following resolution: THAT Bayham and Tillsonburg staff be directed to design page wire and steel gate specifications for annual site specific lateral utility corridor fencing construction utilizing annual Corridor Use Agreement allocations, for Board of Management considerations. DISCUSSION RFQ 18-01, a copy of which is attached hereto as Appendix ‘A’, was posted on January 18, 2018 and closed on February 14, 2018. The results of RFQ 18-01 are as follows: Bidder OPSD 971.101 – Page Wire Highway Fence/Ft. 14 Ft. Farm Gate (6 Bar Lockable, Galvanized) Verdant $4.25+HST $800.00+HST Jim Thompson Landscaping $24.25+HST $510.00+HST Simpson’s Fence (London) Ltd. $33.28+HST $789.87+HST Royal Fence $13.72+HST $2,355.00+HST RECOMMENDATION 1.THAT Report CAO-10/18 re RFQ 18-01 Supply & Installation of Utility Corridor Fencingbe received for information; 2.AND THAT pending approval from the Otter Valley Utility Corridor Board of 104 Management, staff be directed to bring forward a by-law to enter into an Agreement with Verdant for the Supply & Installation of Utility Corridor Fencing for Council consideration. Respectfully Submitted by: Paul Shipway CAO|Clerk 105 REQUEST FOR QUOTATION SUPPLY & INSTALLATION OF UTILITY CORRIDOR FENCING & GATES RFQ 18-01 ISSUE DATE: Tuesday, January 22, 2018 CLOSING DATE: Wednesday, February 14, 2018 CLOSING TIME: 1:00 P.M., local time LOCATION: Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 106 The Corporation of the Municipality of Bayham Request for Quotation for the Supply and Installation of Utility Corridor Fencing and Gates Instructions to Proponents 1. GENERAL: This Request for Quotation invites qualified service providers to submit quotations to supply and install utility corridor fencing and gates at various locations within the Municipality of Bayham on the Utility Corridor. Submissions shall be submitted on the form provided, sealed in an envelope, which is clearly marked “RFQ 18-01 Supply and Installation of Utility Corridor Fencing and Gates” Submissions will be received at the office of: Paul Shipway, CAO|Clerk Municipality of Bayham 56169 Heritage Line, Straffordville, ON N0J 1Y0 not later than 1:00 p.m. local time, Wednesday, February 14, 2018 Any proposal not necessarily accepted. The proposals will be opened shortly after 1:00 PM on Wednesday, February 14, 2018 at the office of the Municipality of Bayham. 2. RIGHT TO ACCEPT OR REJECT PROPOSALS: Proposals may be invalidated if the forms are not properly or fully completed. Proposals must be on the forms provided. No substitutions will be considered. Acceptance or rejection will be at the sole discretion of the Municipality. 3. PROPONENTS TO INVESTIGATE: It is the responsibility of the proponent to examine and satisfy himself as to the general area of the Municipality and satisfy himself as to all the terms and conditions of the contract documents. 4. INQUIRIES DURING PROPOSALS: The proponent is advised that inquiries regarding the interpretation of the proposal and contract document shall be written and directed to the Municipality of Bayham Office to Steve Adams, Roads Operations Supervisor Email: sadams@bayham.on.ca 5. THE OCCUPATIONAL HEALTH AND SAFETY ACT: The successful proponent must ensure compliance with the Occupational Health and Safety Act and indemnify the Municipality of Bayham for any failure to do so. 107 6. LIABILITY INSURANCE: The successful proponent shall indemnify and save harmless the Municipality of Bayham and the Town of Tillsonburg, from and against all claims, demands, loss, damages, etc. The limit of Liability Insurance shall be a minimum of Two Million dollars ($2,000,000.) in respect of any one accident. The successful proponent shall provide to the Municipality, proof of said insurance prior to the commencement of the contract, and maintain the insurance throughout the duration of the work. 7. LEGISLATIVE REQUIREMENTS: The successful proponent shall comply with all Federal, Provincial, County and Municipal Legislation including, but not limited to environmental, Labour, Occupational Health and Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human Rights. The successful proponent shall provide the Municipality with a valid WSIB Certificate. Scope of Work 1. All fencing shall be page wire highway fence in accordance with OPSD 971.101, with the exception that the Gate be as specified with RFQ 18-01. 2. Brush Utility Corridor area where fencing is to be installed as per the direction of the Municipality of Bayham Roads Operations Supervisor. 3. Install new fence and gate across the Utility Corridor, 4. As a general overview the Municipality intends to erect gates and fences on the Utility Corridor at all road crossings north of Tunnel Line to work to prohibit unauthorized motor-vehicle trespass. Payment 1. Payment for construction of fencing shall be on a unit basis as outlined in RFQ 18- 01. 2. The Municipality does not guarantee any volume or work and volume of work is dependent upon budget. The Municipality reserves the right, at its sole discretion, to procure either more or less without altering the contracted price. 108 The Corporation of the Municipality of Bayham Quotation Supply and Install Utility Corridor Fencing & Gates Quotation Summary Item Cost/ft. OPSD 971.101 – Page Wire Highway Fence/Ft $ +HST Item Cost/Gate 14 ft. Farm Gate (6 Bar, Lockable, Galvanized) $ +HST All prices must include supply, delivery and installation. Closing Date: 1:00 p.m. Wednesday, February 14, 2018 Date:_______________________ Company Name: _______________________________ Address:______________________________ _______________________________ Telephone:____________________________ Fax:__________________________________ Signed:_______________________________ Print:_________________________________ NOTES: 1. Lowest or any proposal not necessarily accepted. 109 110 = ATTENDANCE MEMBERS PRESENT: Paul DeCloet, Penny Esseltine, Corey Hill, Robert Marsden, Christine Nagy, Laura Pickersgill, Marian Smith MEMBERS ABSENT/REGRETS: Charles Baldwin, Ken Butcher, Reg Butcher, Sue Saelens, Maurice Verhoeve, Paul Wareing 1. Call to Order The meeting was called to order at 9:00 a.m. DUE TO LACK OF QUORUM THERE WAS NO OFFICIAL MEETING. 2. Adoption of Agenda Moved By: Seconded By: 3. Disclosures of Pecuniary Interest and the General Nature Thereof: None 4. Adoption of Minutes of Previous Meeting Moved By: Seconded By: 5. Delegations and Presentations 6. General Business & Reports 6.1 Report from Tillsonburg Horticultural Society (THS) 7. Correspondence – none 8. Other Business 9. Next Meeting The next meeting of the Heritage, Beautification & Cemetery Advisory Committee will be on March 1, 2018 at 9:00 a.m. in the Annex Meeting Room, 200 Broadway. 10. Adjournment Moved By: The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE February 1, 2018 9:00 a.m. Corporate Annex 200 Broadway MINUTES 111 The corporation of the Town of Tillsonburg Cultural Advisory Committee February 7th 2018 Time 5:00pm Annex Meeting Room 200 Broadway Street Tillsonburg ON Minutes ATTENDANCE Heather Benton Chair, Jami Stephenson Secretary, Erin Getty, Patty Phelps staff liason , Josianne DeCloet MEMBERS ABSENT/REGRETS Vern Fleming,Terry Fleming, Max Adam 1.Call to Order 1.Quorum could not be made. 2. Adoption of Agenda Disclosures of Pecuniary Interest and the General Nature Thereof : 3 Adoption of Minutes of Previous Meeting 4. Delegations and Presentations- none 5. General Business & Reports - none 6. Correspondence 6.1 Grant Application – Tillsonburg Toast masters An email of the grant application will be sent out to the Committee for review and an E-vote will be taken. 7. Other Business 8. Round table discussion of upcoming events 9. Closed Session 112 Cultural Advisory Committee Meeting Minutes Wednesday, February 7th , 2018 10. Next Meeting The next meeting of the Cultural advisory Committee will be on Wednesday March 7th, 2018 11. Adjournment 113 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Mary Lou Sergeant, Dianne MacKeigan, Jami Stephenson MEMBERS ABSENT/REGRETS Aleksandra Webber. Chris Rosehart 1. Call to Order The meeting was called to order at 4:35 pm 2. Adoption of Agenda Moved By- Mary Lou Sergeant Seconded By- Jami Stephenson Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of February 22, 2018, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of January 25, 2018 Moved By: Marianne Sandham Seconded By: Mary Lou Sergeant Proposed Resolution #_2 THAT the Minutes of the Museum Advisory Committee Meeting of January 25 ,2018 be approved. Carried 5. Delegations and Presentations-none The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, February 22, 2018 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES 114 6. General Business & Reports 6.1. Financial- $113,415.78 in the account 6.2. Tour Guides- guides covered Family Day but families just wanted to search for items in the I Spy game so no tours were done. 6.3. Curator’s Report- The Curator’s report was circulated and included the following highlights: 1. The fourth quarter report was distributed. Moved By Dianne MacKeigan Seconded By Jami Stephenson Proposed Resolution #3 THAT the fourth quarter report be approved. Carried 2. Numbers for January were down because of the unexpected closure of the museum for repairs. 3. Exhibit in the Pratt Gallery- “From Soldier to Civilian: Oxford’s Own”- has been well received. 4. 12 people attended the Feb. 12 presentation of Postcards from the Collection with $60 collected in the donation box. 5. Lunch and Learn series has begun with Rooms to Rent. 6. 60 people attended the Family Day at the museum with $90 in the collection box. 7. Upcoming events include the chocolate social on March 8. Moved By: Marianne Sandham Seconded By: Jami Stephenson Proposed Resolution # 4 THAT the reports be adopted as circulated. Carried 7. Correspondence- none 8. Other Business 1. Summer jobs posting closed but no interviews have taken place yet. 115 2. Budget has been passed with approval for production of some souvenirs for our anniversary year. 9. Closed Session 10. Next meeting- March 22, 2018 11. Adjournment Moved by Jami Stephenson Proposed Resolution #5 THAT the museum advisory committee meeting be adjourned at 5:05 pm 116 117 118 119 120 121 122 123 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4178 A BY-LAW TO AUTHORIZE A SEWAGE SYSTEM MANAGEMENT AGREEMENT BETWEEN THE COUNTY OF OXFORD AND THE CORPORATION OF THE TOWN OF TILLSONBURG WHEREAS Section 6.2(1) of the Building Code Act, 1992 c.23, authorizes the upper-tier municipality and the lower-tier municipality to enter into an agreement for the enforcement by the upper-tier municipality of the provisions of the building code related to sewage systems in the municipality; WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Sewage System Management Agreement with The County of Oxford. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Sewage System Management Agreement attached hereto as Schedule “A” forms part of this By-law as if written therein; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th day of March, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of March, 2018. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 124 SEWAGE SYSTEM MANAGEMENT AGREEMENT BETWEEN COUNTY OF OXFORD AND THE CORPORATION OF THE TOWN OF TILLSONBURG February 13, 2018 125 2.... SEWAGE SYSTEM MANAGEMENT AGREEMENT This Agreement dated as of the day of BETWEEN: COUNTY OF OXFORD (hereinafter called “Public Health”), or any subsequent assigns including the County of Oxford OF THE FIRST PART -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS this Sewage System Management Agreement (hereinafter called the “Agreement”) is being entered into pursuant to Section 6.2 (1) of the Building Code Act, 1992, as amended (hereinafter called the “Act”), for the purpose of delegating to Public Health certain responsibilities under the Act and the Building Code, as they are from time to time amended, as set out herein with respect to sewage systems (with a capacity of less than 10,000 litres per day); NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE GENERAL Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are readily available in the Municipality (hereinafter called the “Lands”). Section 1.02 Duties: The Department of Public Health & Emergency Services for County of Oxford herein known as Public Health shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement, and any other legislation contemplated hereunder. Section 1.03 Public Health has the expertise to provide to the Municipality the services identified in this Agreement. 126 3.... Section 1.04 The parties acknowledge that the Chief Building Official and Inspectors of the Municipalities appointed under Sections 3 and 4 of the Act shall not exercise their powers under the Act in respect to sewage systems while this Agreement is in effect. Section 1.05 This Agreement may, by mutual agreement, be amended in writing from time to time, to reflect changes in the programs of the parties to the Agreement, and/or as a result of changes in legislation or provincial policies, and/or as a result of subsequent discussions between the parties. Section 1.06 Schedules A to D form part of this Agreement. ARTICLE TWO DEFINITIONS Section 2.01 In this Agreement, (i) “Director” means the Director of the Department of Public Health & Emergency Services for County of Oxford. (ii) “Sewage System” means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a capacity of less than 10,000 litres which is not owned and operated by the Crown, a municipality, or an organization acceptable to the Director responsible for issuing a Certificate of Approval under the Water Resources Act. (iii) “Inspector” means an inspector appointed under the Building Code Act, 1992, as amended; and Section 5.01 of this Agreement. ARTICLE THREE SERVICES OF PUBLIC HEALTH Section 3.01 Services: Public Health shall provide the following services in relation to the Lands: (i) Must carry out an inspection of land which is planned to be divided by severance where no municipal sewage services are proposed to ensure that each lot will be suitable for the installation of a Sewage System. (ii) Inspection of properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System. 127 4.... (iii) Following the issuance of a permit, inspection, and reinspection when necessary, of Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code. (iv) Maintenance inspections pursuant to a mandatory maintenance inspection program to ascertain compliance with the standards prescribed under the Act. (v) Land inspections to determine the acceptability of applications for Minor Variances or lot line adjustments, as they relate to existing and proposed Sewage Systems, and review of official plans, zoning by-laws, and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (vi) Issue permits under the Act and Building Code relating to Sewage Systems (a “Permit”). (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (v) of this Section. (viii) Provide reports and comments on Minor Variances and Severances directly to the appropriate planning authority. (ix) Review planning documents including, but not limited to, subdivision proposals, draft official plans, and proposed amendments, to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (x) Attend meetings of the Municipal Council and its committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems. (xi) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. (xii) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under Part 8 of the Building Code. (xiii) Consult with various groups regarding compliance with provisions of the Act and Building Code relating to Sewage Systems. (xiv) Facilitate responses to inquiries relative to Sewage System records made by any person under the Freedom of Information and Protection of Privacy Act and related Regulations, as amended from time to time, or through any other legal channel, in consultation with the Legislative Services Coordinator for the County of Oxford. 128 5.... (xv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems. (xvi) Issue orders under the Act relating to Sewage Systems. (xvii) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c .P.33. (xviii) Public Health shall provide all forms necessary for the administration of this Agreement. (xix) Any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xx) Public Health, for the purposes of the administration and enforcement of the Act and the Regulations and for carrying out the powers and duties under the Act, shall collect statistical and other information and keep such records in accordance with the provisions of the County of Oxford’s Records Retention By-law. The Municipality may require information from Public Health concerning the administration of the Act and Regulations as they pertain to Sewage Systems and statistical and other information relevant to the quality of the environment. Public Health will provide such information from time to time in a form stipulated by the Municipality to enable the Municipality to combine this data with data from other parts of the province. ARTICLE FOUR FEES Section 4.01 Collection of Fees: Public Health shall collect and retain all fees, as set out in Schedule A, payable by any person for work performed by Public Health hereunder as compensation for its services provided hereunder and all persons required to pay any such fee shall pay the fee to Public Health. Section 4.02 Amendment of Fee Schedule: Public Health shall have the sole discretion, acting reasonably, to amend the fees as set out in Schedule A from time to time and shall give notice to the Municipality of any such change. Section 4.03 The Municipality shall provide assistance, subject to availability of resources, with respect to prosecutions, appeals, and other matters that come before municipal tribunals or tribunals under the Act and Regulations. 129 6.... ARTICLE FIVE INSPECTORS Section 5.01 Qualifications: An Inspector must be qualified in accordance with the requirements of Section 15.11 of Act and only people meeting one of the following qualifications shall be employed by Public Health as an Inspector for the purposes of this Agreement: (a) Certificate in Public Health Inspection (b) Certified Engineering Technologist or equivalent. Section 5.02 Appointment: The Director shall be responsible for the appointment of all Inspectors and shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each Inspector appointed by Public Health. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 Liability of County of Oxford: County of Oxford shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of Public Health in executing any work under this Agreement. Section 6.02 Insurance: For the term of this Agreement, County of Oxford will, at its expense, maintain liability insurance contracts of a nature, in the amounts, and containing the terms and conditions, if any, it considers necessary. ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 Term: This Agreement shall continue in force for a period of two years commencing April 9, 2018 and ending April 8, 2020. Section 7.02 Termination: Either party may terminate this Agreement upon 90 days written notification. ARTICLE EIGHT MISCELLANEOUS 130 7.... Section 8.01 Preamble: The preamble to this Agreement (the “Preamble”) shall be deemed to form an integral part of the Agreement and the parties agree that recitals set out in the Preamble are true. Section 8.02 Gender: Whenever the singular form is used in this Agreement and, when required by the context, the same shall include the plural, the plural shall include the singular, and the masculine gender shall include the feminine and neuter genders. Section 8.03 Amendments: This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 Assignment: Subject to Section 8.04 a, this Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 Transfer of all Rights and Obligations to Oxford Elgin St. Thomas Board of Health: Notwithstanding section 8.04, both parties hereby acknowledge and agree that effective on the date upon which planned amendments to Regulation 553 (“Areas Comprising Health Units”) under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, come into force, which amendments will bring into effect the merger of the Oxford County Board of Health and the Elgin St. Thomas Board of Health Board of Health through the establishment of the Board of Health for the Oxford Elgin St. Thomas Health Unit (“Oxford Elgin St. Thomas Board of Health”), all rights and obligations of the County of Oxford under this Agreement shall be transferred to the Oxford Elgin St. Thomas Board of Health. The parties further acknowledge and agree that as of that date all rights and obligations under this Agreement shall be legally binding upon the Municipality and the Oxford Elgin St. Thomas Board of Health. Section 8.06 Notices: Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To Public Health: County of Oxford Public Health & Emergency Services 410 Buller Street Woodstock, Ontario N4S 4N2 Attention: Lynn Beath, Director of Public Health & Emergency Services (b) To the Municipality: The Corporation of TOWN OF TILLSONBURG Attention: Clerk 131 8.... Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party or, if mailed postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this Section. Section 8.07 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction, or effect of this Agreement. Section 8.08 Governing Law: The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the ____day of ____________________,2018. COUNTY OF OXFORD Peter M. Crockett, P.Eng., Chief Administrative Officer Lynn Beath, Director of Public Health and Emergency Services THE CORPORATION OF THE TOWN OF TILLSONBURG Stephen Molnar, Mayor Donna Wilson, Clerk 132 9.... SCHEDULE “A” Sewage System Management Agreement Fee Structure Sewage System Building Permit Categories A. Daily Sewage Flow not exceeding 10,000 Litres /day (Class 4, 5) $795.00 B. Class 2 System (Leaching Pit) $250.00 C. Class 3 System (Cesspool) $250.00 D. Class 4 - Tank replacement $250.00 E. Leaching bed material alteration or repair $550.00 F. Change of Use Permit $340.00 G. Performance Level Review (file and site inspection) $227.00 + HST H. Site Review Assessment (site inspection) $100.00 + HST Land Control Reviews I. Subdivision (per lot to maximum $1,500.00) $100.00 J. Severance/Minor Variance/Zoning (per lot) $125.00 Services K. File Search $170.00 L. Urgent File Search (Mortgage Appraisal less than 2 weeks) K + $50.00 Mandatory Maintenance Inspection Program M. Phase I - Maintenance $ 175.00 N. Phase II - Maintenance Inspection $ 175.00 Schedule of Fees--2018-2020 Permit Category 2018* 2019 2020** ______ A $795 $810 $825 D $250 $300 $300 *as of April 9th, 2018 ** Ends April 8th, 2020 133 10.... SCHEDULE “B” Forms Form 1 Application for Sewage System Building Permit i. Plans and Specifications for a Sewage System ii. Application for a Permit to Construct or Demolish iii. Worksheet A: Daily Sewage Flow Calculation iv. Worksheet B: Fixture Unit Count v. Worksheet C: Site Plan Evaluation vi. Worksheet D: Leaching Bed Calculations vii. Worksheet E: Cross Sectional Drawings viii. Declaration of Soil Analysis – Native Soil ix. Leaching Bed Fill Certification x. Agent Authorization Form 2 Application for Performance Level Review and Change of Use Permit Form 3 Site Review Assessment (Site Inspection) Form 4 Notice of Completion Form 5 Orders (various types) 134 11.... SCHEDULE “C” List of Plans or Working Drawing to accompany applications for permits 1) The Site Plan 2) Sewage System Drawing 3) Soils Report or Percolation Results Report 4) Leaching Bed Fill Certification 135 12.... SCHEDULE “D” Refunds Status of Percentage of Fees Permit Application Eligible for Refund 1) Application filed. 80% No processing or review of plans submitted 2) Application filed. Plans reviewed and permit issued 60% 3) Additional deduction for each field inspection that had been performed 30% 4) Permits valued at less than $100.00 0% Note: Percentages shown are examples only and are not intended to be representative 136 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4179 A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario for The Enabling Accessibility Fund (EAF). WHEREAS the Government of Ontario has created the Enabling Accessibility Fund to eligible capital projects that increase access for people with disabilities to Canadian communities and workplaces, which in turn creates opportunities for people with disabilities to participate in community activities or access employment opportunities. WHEREAS The Town of Tillsonburg is desirous of entering into an Enabling Accessibility Fund Agreement with Her Majesty The Queen In Right Of Ontario. THEREFORE the Council of the Town of Tillsonburg 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 12th DAY OF MARCH, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MARCH, 2018. _____________________________ Mayor – Stephen Molnar _____________________________ Deputy Clerk – Lana White 137 138 139 140 141 142 143 144 145 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4180 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12th day of March, 2018. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on March 12th, 2018, 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 12TH DAY OF MARCH, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12TH DAY OF MARCH, 2018. _____________________________ MAYOR – Stephen Molnar ______________________________ DEPUTY CLERK – Lana White 146