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131209 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday December 9, 2013 6:00PM Council Chambers Chair: Deputy Mayor Mark Renaud Review Access: e Public 0 Private MINUTES Town ofTiUsonburg Council M$~.tihg .·. 6h'' ',' ' Mohday December:~{2013,()6:00 PM Council Chaml;)ers · ·cllair: Deputy Maydr Mark Renaud Orders of. the Day: CALL TO ORDER The meeting was called to order at 6:01pm. ATTENDANCE Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk Regrets: Mayor John Lessif Councillor Mel Getty Darrell Eddington, Director of Finance ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Beres THAT the Agenda as prepared for the Council Meeting of December 9, 2013, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Beres 120913 Page 1 THAT Council move into Closed Session, to consider: Matters relating to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Broadband and Baldwin Street) ; Matters relating to an identifiable individual, including municipal or local board employees (Museum Gallery and Airport Accounts), and Matters in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Hydro Board). "Carried" MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of November 25, 2013 [il Minutes of the Meeting of December 4, 2013 rn Resolution No. 3: Moved By: Councillor Klein Seconded By: Councillor Beres THAT the Minutes of the Council Meeting of November 25, 2013 and December 4, 2013, be approved. "Carried" INFORMATION ITEMS 1. City of Kingston Resolution -Student Population 121 2. Report of the OGRA Nominating Committee [b 3. 2014 ROMAIOGRA Delegation Requests L] CHIEF ADMINISTRATIVE OFFICER 4. CAO 13-15, Lease Expansion and Amending Agreement [) Presented By: CAO Resolution No. 4: Moved By: Councillor Rosehart Seconded By: Councillor Beres THAT Council receives Report CAO 13-15, Lease Expansion and Amending Agreement; AND THAT Council approve the lease expansion and amending agreement with RMM Tillsonburg Centre Property Inc for space at the Tillsonburg Town Centre according to the terms and conditions as outlined in Report CAO 13-15; "Carried" 5. CAO 13-19, Chief Administrative Officer Performance Evaluation 2013 Presented By: GAO Page 2 CAO 13-19, CAO Performance Evaluation 2013_2.pdf Resolution No. 5: Moved By: Councillor Rosehart Seconded By: Councillor Beres THAT Council receive Report GAO 13-19, Chief Administrative Officer Performance Evaluation 2013; AND THAT Council establish and appoint a GAO Performance Evaluation Committee; AND THAT Council appoint Mayor Lessif and Councillor Klein and Councillor Stephenson to the GAO Performance Evaluation Committee; AND THAT Council approve the proposed 2013 CAO Performance Evaluation Process as outlined in Report CAO 13 -19. "Carried" 6. CAO 13-20. Shareholder Appointment to the Board of Directors of Tillsonburg Hydro Inc. CJ Presented By: CAO Resolution No. 6: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive Report CAO 13-20 Shareholder Appointment to the Board of Directors of Tillsonburg Hydro Inc. AND THAT Council appoint Mayor Lessif to the Board of Directors of Tillsonburg Hydro Inc. "Carried" 7. CAO 13-21. Planning Structure 0 Presented By: CAO Resolution No. 7: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT the Council of the Town of Tillson burg receives the City of Woodstock resolution regarding delegating approval authority for severance (consent) and subdivision application to area municipal councils as information; AND THAT Council directs the Town Clerk to advise the City of Woodstock that Town Council supports the Council of the City of Woodstock in their request to amend the Planning Act to provide the County with the power to delegate approval authority to Local Area Municipal Councils in the County. "Carried" DEVELOPMENT & COMMUNICATIONS 8. DCS 13-37, Rural Connections Broadband Program Final Report I;Jj Presented By: Development Commissioner Resolution No. 8: Moved By: Councillor Beres Seconded By: Councillor Klein THAT Council receive Report DCS 13-37, Rural Connections Broadband Program Final Report; AND THAT the remaining project costs of approximately $305,000 be funded from the Industrial Land Reserve; Page 3 AND THAT all future broadband revenues be allocated towards the Industrial Land Reserve in order to replenish the reserve. "Carried" FINANCE 9. FIN 13-57, Debt Placement lJ1 Presented By: Director of Finance Staff to report back to Council regarding the possibility of Paying off the Debt in Full at some point. Resolution No. 9: Moved By: Councillor Beres Seconded By: Councillor Klein THAT Council receives report FIN 13-57, Debt Placement; AND THAT Council receives the annual repayment limit calculation; AND THAT Council approves the placement of debt for the Rural Connections Broadband capital project in the amount of $200,000 through the County of Oxford for a ten year term at the appropriate interest rate. "Carried" 10. FIN 13-56. Additional Reserve Contribution Ul Presented By: Director of Finance Resolution No. 10: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receives report FIN 13-56, Additional Reserve Contribution; AND THAT Council approves the additional estimated 2013 contribution to reserves in the amount of $787,376. "Carried" PARKS & RECREATION SERVICES 11. PRS 13-37, Re-establishing the Pre-need Services Pooled Trust Fund !ilil Presented By: Director of Parks and Recreation Staff to ask Heritage, Beautification and Cemetery Committee to present their terms of reference to Council. Resolution No. 11: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report PRS 13-37, Re-establishing the Pre-need Services Pooled Trust Fund for information; and THAT Council authorize By-Law 3782, to amend By-Law 3639, A By-Law To Define Municipal Trust Funds And To Appoint Trustees To Those Trusts Established By The Corporation Of The Town Of Tillson burg; and THAT Council authorize the creation of a Town of Tillsonburg Cemetery Pre-need Services Pooled Trust Fund at Dec 31, 2013 with a value of $32,015.37 comprised of $10,44 7.03 funded from the Cemetery Maintenance Trust and $21,568.34 funded from the 2013 Surplus; and Page4 THAT no further pre-need services be sold by the Tillsonburg Cemetery Division. "Carried" STAFF INFORMATION REPORTS 12. Personnel Policy [;) 13. FIN 13-55. ARB Assessment Appeals [j Staff to report back regarding any other groups that may be affected by the assessment. Staff will ensure notification to those affected. Resolution No. 12: Moved By: Councillor Beres Seconded By: Councillor Klein THAT Council receive Town Personnel Policy and Report FIN 13-55 ARB Assessment Appeals as information. "Carried" NOTICE OF MOTION RESOLUTIONS 14. Council Meetings to be Rescheduled for the 2014 Calendar Year [iJ Resolution No. 13: Moved By: Councillor Beres Seconded By: Councillor Klein THAT the following regular Council Meetings be re-scheduled or cancelled for 2014: Monday, February 24, 2014 is re-scheduled to Thursday, February 27, 2014, due to the annual OGRA/ROMA Conference Monday June 9, 2014 is re-scheduled to Thursday June 12,2014 due to the annual AMCTO Conference Monday, July 28, 2014 is cancelled Monday, August 25, 2014 is cancelled Monday, October 13 2014 is re-scheduled to Tuesday, October 14,2014, due to Thanksgiving Monday October 27, 2014 will be cancelled due to the election, and Monday, December 22, 2014 is cancelled AND THAT this information be forwarded appropriately, including the County of Oxford, MP and MPP, as well as posted on the Town of Tillsonburg website and at the Tillsonburg Customer Service Centre. "Carried" BY-LAWS 15. By-Laws for the Meeting of December 9, 2013 Resolution No. 14: Page 5 Moved By: Councillor Beres Seconded By: Councillor Klein THAT By-Law 3775, To Authorize An Agreement With The Thames Valley District School Board For The Provision Of A Joint Use Agreement With The Town Of Tillson burg For South Ridge Park GJ By-Law 3782, To Amend By-Law 3639, to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillson burg [1} By-Law 3783, To Confirm the Proceedings of Council at its Meetings Held on the 9th day of December, 2013 0 be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 15: Moved By: Councillor Beres Seconded By: Councillor Klein THAT By-Law 3779, To Adopt a Reserve Policy ldl By-Law 3775, To Authorize An Agreement With The Thames Valley District School Board For The Provision Of A Joint Use Agreement With The Town Of Tillsonburg For South Ridge Park By-Law 3782, To Amend By-Law 3639, to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillson burg By-Law 3783, To Confirm the Proceedings of Council at its Meetings Held on the 9th day of December, 2013 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 7:08pm. "Carried" Approval Received: (0 of 1) Donna Wilson!Tillsonburg (Thursday December 12, 2013 08:18AM) Town ofTillsonburg Page 6 MINUTES: Meeting for the Committee "Open Council" Review Access: Public Orders of the Day: CALL TO ORDER MINUTES Town of Tillsonburg Council Meeting on 11/25/2013 06:00PM Council Chambers Chair: John Lessif The meeting was called to order at 6:01pm. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Amber Zimmer, Deputy Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Regrets: Donna Wilson, Town Clerk ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Getty Seconded By: Councillor Rosehart Page 1 of6 11125/13 Link to Agenda: (, THAT the Agenda as prepared for the Council Meeting ofNovember 25, 2013, be adopted. "Carried" CLOSED MEETING SESSION http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/ eGenda50 .nsf/... 18/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of6 3. ZN 7-13-8, Application for Zone Change (Bes-Oxford Upholstery Limited) tJ, Presented By: Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO 2013-294. Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. Council passed the following resolution: Resolution No.4: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT the Council of the Town of Tillson burg approve the application submitted by Bes-Oxford Upholstery Ltd., whereby lands consisting of Part Lot 3, Registered Plan 1033, located on the east side ofVance Drive, south ofNorth Street, in the Town ofTillsonburg are to be rezoned to permit two additional residential dwelling units within the existing commercial structure. "Carried" The Mayor resumed as Chair at 6:51pm. \ INFORMATION ITEMS ) 4. Letter of Thanks for Remembrance Day Fly By C 5. Ministry of Citizenship and Immigration-2014 Volunteer Service Awards Program tJ, 6. Long Point Regional Conservation Authority-30-Day Notice to Affected Municipalities-2014 Draft LPRCA Budget tJ, DEVELOPMENT & COMMUNICATIONS 7. DCS 13-83, Financial Contribution to Long Point Region Conservation Authority tJ, FINANCE Presented By: CAO Resolution No. 5: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives Report DCS 13-83, Financial Contribution to Long Point Region Conservation Authority; AND THAT Council authorize a $15,000 contribution in 2014 to the Long Point Region Conservation Authority for the purpose of supporting the acquisition of wetlands in order to provide an offset for future woodlot clearing. "Carried" 8. FIN 13-51, Reserve Policy C http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 18/06/2015 \ ) MINUTES: Meeting for the Committee "Open Council" Page 5 of6 Resolution No. 9: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report PRS 13-29, Ball Diamond Complex Relocation for information; AND THAT Council authorize staffto work with user groups to pursue grant opportunities. "Carried" COMMITTEE MINUTES & REPORTS 12. LPRCA Minutes (] 13. Committees of Council Minutes Q, NOTICE OF MOTION BY-LAWS 14. By-Laws for the Meeting of November 25, 2013 Resolution No. 10: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3773, To Repeal By-Laws to Adopt a Personnel Policy 0 By-Law 3779, To Adopt a Reserve Policy C. By-Law 3780, to amend Zoning By-Law Number 3295, as amended (ZN 7-13-8, Bes-Oxford Upholstery Limited) eJ, By-Law 3777, to confirm the proceedings of Council at its meetings held on the 25th day of November, 2013 C be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 11: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3773, To Repeal By-Laws to Adopt a Personnel Policy By-Law 3780, to amend Zoning By-Law Number 3295, as amended (ZN 7-13-8, Bes-Oxford Upholstery Limited) By-Law 3777, to confliTD the proceedings of Council at its meetings held on the 25th day of November, 2013 be given third and fmal reading and the Mayor and Deputy Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 7:27pm. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 18/06/2015 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Council Meeting on Wednesday December 4, 2013 01:00PM Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 1 :01 pm. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Amber Zimmer, Deputy Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Regrets: Donna Wilson, Town Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Getty Seconded By: Councillor Rosehart Page 1 of3 Dec 4, 2013 Link to Agenda: CJ, THAT the Agenda as prepared for the Council Meeting of December 4, 2013, be adopted. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda %205. 0%20GA/eGenda5 0 .nsf/... 18/06/2015 MINUTES: Meeting for the Committee "Open Council" David Calder/Tillsonburg (Monday December 16, , 2013 08:36AM) Page 3 of3 http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 18/06/2015 November 26, 2013 Town of Tillsonburg 200 Broadway 2nd Floor Tillsonburg, ON N4G 5A7 Dear Sir or Madam, Office of the City Clerk RE: CITY OF KINGSTON COUNCIL MEETING -NOVEMBER 19, 2013 NEW MOTION (4) RECt:tVt:o DL'C 0 2 2013 I would confirm that Kingston City Council at its regular meeting held on November 19, 2013, approved the following resolution, being New Moti'on (4): · (4) Moved by Mayor Gerretsen Seconded by Deputy Mayor Berg WHEREAS the Ontario Municipal Board (OMB), under member Sylvia Sutherland, rendered a decision on November 08, 2013 to establish Kingston municipal electoral districts to include post-secondary student population estimates; and WHEREAS the OMB is a provincial body that makes decisions on behalf of municipalities with provincial implications; and WHEREAS no municipality with a university or college in Ontario currently uses post-secondary student population estimates when establishing electoral boundaries; and WHEREAS the province of Ontario · does not use post-secondary student population estimates when establishing provincial electoral ridings; and WHEREAS the City of Kingston is now in a position to advocate for this OMB decision to become the standard for how the province of Ontario and all municipalities with colleges and universities across Ontario factor in post- secondary student population estimates in their electoral boundaries; and WHEREAS the OMB decision now sets a new standard for all municipalities in Ontario; and WHEREAS the province of Ontario should adhere to this decision made by the OMB as a provincial body; THEREFORE BE IT RESOLVED THAT the City of Kingston advocate to the Government of Ontario to amend their provincial electoral riding boundaries to reflect the OMB decision rendered in Kingston and call for all municipalities with The Corporation of the City of Kingston 216 Ontario Street, Kingston ON K7L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityofkingston.ca December 2, 2013 To the Head & Members of Council: DNTAAID GDDDRDADS ASSOCIATION 1525 CORNWALL ROAD, UNIT 22 OAKVILLE, ONTARIO L6J 082 TELEPHONE 289-291-6472 FAX 289-291-6477 www.ogra.org Re: Report of the OGRA Nominating Committee The OGRA Nominating Committee met on November 27, 2013 and recommended a slate of candidates to the Board of Directors. The Board ratified the report as presented. The recommended slate is as follows: Northern Zone Luc Duval, Rick Harms, Director of Public Works & Engineering Project Engineer City of Timmins City of Thunder Bay John MacEachern, Mayor Township of Manitouwadge Southwest Zone Chris Traini, County Engineer County of Middlesex South Central Zone Ken Lauppe, Terry McKay, Manager, Road Operations Deputy Mayor City of Brampton Township of Chatsworth Duncan McKinlay, Councillor County of Grey Southeast Zone Craig Davidson, Steve Desroches, GAO/Treasurer Deputy Mayor Municipality of Hasting Highlands City of Ottawa Michelle Hendry, Director of Public Works City of Kawartha Lakes Toronto Robert Burlie, Mark Grimes, Manager, Road Operations Councillor City of Toronto City of Toronto Ontario Good Roads Association Board of Directors Nomination and Consent Form We hereby nominate the following to the Board of Directors of the Ontario Good Roads Association for the 2014/15 term of office: Name of Candidate Name: ________________________________________ ___ Position: ------------------------------------------- Municipality: ___________________________________ _ Moved by: _____________________________________ _ Seconded by: ________________________________ _ (Candidates must be nominated by two eligible members of OGRA. A resolution of Council is acceptable but not mandatory) Candidate Consent The candidate nominated above must sign below indicating they consent to the Nomination and agree to let their name stand for office. I, --------------hereby consent to the Nomination (Name of Candidate) to the Board of Directors of the Ontario Good Roads Association. Signature Date Submit completed form and candidates resume by fax or e-mail to the attention of Alan Korel, Chair, OGRA Nominating Committee Fax: 289-291-6477 E-mail: info@ogra.org ROMA/OGRA Conference 2014 Page 2 of2 ; ROMA/OGRA Conference 2014 \ J oooo-ooooo .. _,:,,~oo•oooo"''''''"''''"""'''"N .. OOM0"'''''''''''''''''''''00000<0'"'"'''''''''"'"'"'"'"'"'''"''''""''HOO"""''"''''''''''''''""''''-''""''''''"'"" .. '"''""''''"'''''"'""''""'''''''""""'"'''"'"'""'''''''''''"'''''''''"''"'""'' .. '""''"'"''""~"""""''"""'"' NOTICE The Government of Ontario Process for Ministers' and Parliamentary Assistants' Delegations at the Rural Ontario Municipal Association (ROMA) and the Ontario Good Roads Association (OGRA) 2014 Annual Combined Conference Sunday, February 23 to Tuesday, February 25 Fairmont Royal York Hotel Toronto, Ontario TO ALL ROMA/OGRA DELEGATES: • To meet with a Minister or Parliamentary Assistant, please submit an online form. Please use only one form per Ministry and include all the issues you wish to discuss that relate to that Ministry. • Include the name of a contact person who is knowledgeable about the issue(s) and available to respond to ministry inquiries within one business day. If staff will be on vacation, please be sure to provide an alternate contact. • To make the most of the delegation time available (delegations usually run 15 minutes), please ask to discuss your issue only with the Minister or Parliamentary Assistant responsible for that Issue. • Note: Not all Ministers and Parliamentary As~istants will be accepting delegations. • To expedite your request, please complete the online form. Please do not contact your MPP or individual Ministers' Offices to request a delegation. • The DEADUNE to submit requests is Friday, January 17. • Municipalities will be contacted by the respective Ministries about their requests and, if applicable, the meeting time and location, approximately one week before the Conference. Questions? Please Contact: Fardowsa Hashi Municipal Programs & Education Branch MinJ,Stry of Municipal Affairs and Housing Telephone: 416-585-6850 Email: Fardowsa.hashi@ontario.ca • Munlcioal Delegation Request Sunday, February 23 to Tuesday, February 25, 2014 Fairmont Royal York Hotel -Toronto CONTACT US I ACCESSIBILITY I PRIVACY I SITE MAP COPYRIGHT@ QUEEN'S PRINTER FOR ONTARIO, 2008 I IMPORTANT NOTICE -LAST MODIFlEDrFRIDAY1 NOVEMBER 15, 2013 http://www.mah.gov.on.ca/Page 1 0434.aspx 05/12/2013 Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT CAO Lease Expansion and Amending Agreement CAO 13-15 David Calder COUNCIL MEETING DECEMBER 9, 2013 LEASE EXPANSION AND AMENDING AGREEMENT That Council receives Report CAO 13-15 -Lease Expansion and Amending Agreement; And That Council approve the lease expansion and amending agreement with RMM Tillsonburg Centre Property Inc for space at the Tillsonburg Town Centre according to the terms and conditions as outlined in Report CAO 13-15; EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to extend the existing lease for the corporate space on the second floor at the Tillsonburg Town Centre and to lease additional space on the second floor for Town use. CAM is Common Area Maintenance which all tenants share in the cost of based on annual building maintenance costs. The following terms and conditions apply to the lease expansion and amending agreement: Term of Expansion Unit: Renewal Term of Existing Unit: Landlord's Work of Expansion Unit: Expansion Premises: Existing Premises: Minimum Rent Expansion Unit: Five (5) years as of October 2, 2013 Three (3) years as of October 2, 2015 Landlord to replace existing ceiling tiles Unit 2208 (2,023 sq ft) Unit 2204 (6, 790 sq ft) Years 1-2 $8.00 psf per annum Years 3-5 $8.50 psf per annum Existing Space APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Years 1-3 {2015 to 2018) -No further increase as of the last increase in rent based on CPI index in 2014 as per the Lease Amending and Extending Agreement dated June 2010. In 2013 the per square foot cost of the existing space was $16.79 psf and CAM is $4.29 psf. David Calder Darrell Eddington Page 3 I 3 Date: November 18, 2013 Date: Date: November 18, 2013 CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT CAO Chief Administrative Officer Performance Evaluation 2013 CAO 13-19 David Calder COUNCIL MEETING DECEMBER 9, 2013 That Council receive Report CAO 13-19 Chief Administrative Officer Performance Evaluation 2013; And That Council establish and appoint a CAO Performance Evaluation Committee; And That Council appoint Mayor Lessif and ________ and _______ to the CAO Performance Evaluation Committee. And Further That Council approve the proposed 2013 CAO Performance Evaluation Process as outlined in Report CAO 13 -19. BACKGROUND The requirement for a CAO performance evaluation is a condition of employment with the CAO which states on or about the anniversary date, the CAO will participate in an annual performance review conducted by the Mayor and members of Council or a Committee of Council. The CAO's starting date with the Town was January 14, 2013 so that the performance review should be completed within the first quarter of 2014. In accordance with the above, it is being recommended that a CAO Performance Evaluation Committee be established in order to provide a process for Council members to participate in the CAO performance review process. One of the tasks of the CAO Performance Evaluation Committee will be to formalize an evaluation form for measuring core competencies and a rating system. It is anticipated that the role of the CAO Performance Evaluation Committee is to: Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Shareholder Appointment to the Board of Directors of Tillsonburg Hydro Inc. CAO 13-20 David Calder COUNCIL MEETING DECEMBER 9, 2013 That Council receive Report CAO 13-20 Shareholder Appointment to the Board of Directors of Tillson burg Hydro Inc. And That Council appoint Mayor Lessif to the Board of Directors of Tillson burg Hydro Inc. EXECUTIVE SUMMARY There is currently one shareholder vacancy on the Board of Directors of Tillsonburg Hydro Inc. Only two names were put forward during the THI Annual General Meeting so it is appropriate to appoint a third shareholder representative as a member of the THI Board. Mayor Lessif has requested that Council appoint the Mayor to the Board of Directors as the third representative of the shareholder. CONSULTATION/COMMUNICATION N/A FINANCIAL IMPACT /FUNDING SOURCE Member stipend is paid for from the Tillsonburg Hydro Inc. budget and funds are available. APPROVALS Author Name/Signature David Calder Date: November 22, 2013 Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Planning Structure CAO 13-21 David Calder COUNCIL MEETING DECEMBER 9, 2013 LETTER -CITY OF WOODSTOCK LETTER-TOWN OF INGERSOLL That the Council of the Town of Tillson burg receives the City of Woodstock resolution regarding delegating approval authority for severance (consent) and subdivision application to area municipal councils as information; And that Council directs the Town Clerk to advise the City of Woodstock that Town Council supports the Council of the City of Woodstock in their request to amend the Planning Act to provide the County with the power to delegate approval authority to Local Area Municipal Councils in the County. EXECUTIVE SUMMARY Section 77 of the Planning Act prohibits the County of Oxford from delegating approval authority for severance or subdivision applications to its area municipal Councils. This prohibition applies to Oxford County municipalities only. The County of Oxford does have the authority to delegate this approval authority to a Land Division Committee who are unelected appointees. As has previously been noted, the Town of Tillsonburg along with the City of Woodstock have a dual reporting process for severance and subdivision of land applications which results in duplication and a longer period of time to process the application. The County Planner presents these applications to Town Council at a Council meeting with a recommendation for consideration by Town Council. Town Council then adopts a recommendation which is then forwarded to the Land Division Committee (an unelected body) or County Council depending on the type of application. Neither the Land Division Committee or the County Council are bound by the recommendation of the Town Council and have in the past received the Town's recommendation but have adopted alternative recommendations as is their prerogative. This process can be perceived as inefficient but /.. \ ) June 7, 2013 Co1mci1Members Town of Tlllsonb~ 200 Broadway, r Floor - TiiSQnburg, ON N4G 5A7 Re: Plpigg Sgy!ces ' ... .:. RECEIVED. .. JUN 1 0 2013 : . ,. . OfFICE OF THE Cl'IY CLBRK CityHall. P.O. BoXIS39 · 500 DuDdas Stla:t . • Wood&tock, ON . N4SOA7" Telephono(S19) 539-1291 · Section 77 of the Planning Act prohibits the County of Oxford ftom delegating approval authority for Seve.rance or subdivision applications to its area :tinmicipal Councils. This prohibition applies to Ox1.brd County -niunioiPalliies only. Upper Tier govc:mmcmts have delegated approval authority for Severance applications, subdivisiOn applications or both to their area municipalities in many cases. Examples include Owen Sound, Thorold, Fort Erie, Samia, Collingwood, and Lambton Shores etc. Although the County of Oxford is probibiied froin delega&g approval authority to the Area Municipal Co1mcils, it retains the authority to delegate approval authority to its Land Division Conmiittee who are welected appointees. The ~e of the prohibition of delegation authority to Area ~unicipal Councils is unknown 8nd it is c:li.tlicult to guess as to why this prolnbition that is specific to Oxford County only continues. · · Currently, severance or ~on of land applications blclude a dual reporting proal8S in Woodstock and Tillsonburg which results in duplication ~longer periods of time to process applications. These applications are fust presented to the Area Municipal Council who provides a recommendation to either the Land Division COmmittee or County Council. While Oxford County Planning Staff extend best efforts to schedule 1he dual reporting so as to minimize approval·qetays, the reality iS that thiS syB1:elp is ineffic.i• aiulit takes longer tO process these applications. Other Area Municipal ~cilS may COlilJI1ellt on severance or subdivision · planning applications but do not receive and provide recommendations to Land Division Committee or Co1mty Council based on the final planning rq_xnt. · An 81nelldment to the Planning Act will be necessary if Council wishes to pursue a delegation of approval authority .. Given that the special powers and restrietions that apply to the County of Oxford have existed for close to 40 year's, tb.ere is merit in ~g a review •. __________ , _______ _ 130 Oxford Street, lngersol, On1arlo N602V5 July 10, 2013 Office of the City Clerk City Hall Attn: Louise Gartshore P.O. Box 1539 500 Dundas Street Woodstock, ON N4S OA7 RE: Planning Services Dear Ms. Gartshore: Phone: (519) 485-0120 Fex:(619)~ www.lngersotl.ca .·eopy COUNTY OF OXFORD RECEIVED JUL 1 6 2013 REFER TO (/:,fUV) a£ File/ EOMS~ ----- The Council for the Town of Ingersoll considered your correspondence dated June 7, 2013, re: Planning Services, at their regular meeting of council on July 8, 2013 and did pass the following resolution: Moved by Councillor Van Kooten-Bossence; seconded by Councillor Lesser C13.07-153 THAT the Council for the Town of Ingersoll receives the City ofWo.odstock resolution regarding delegating approval authority for severance or subdMsion applications to area muniCipal oounclls as information; · AND FURTHER THAT Council approve's the attached resolution. (below) CARRIED WHEREAS Section .77(1-5) of the Planning Act prohibits the County of Oxford fron:t delegating approval authority for land division applications including severance (consent) and subdivision planning applications to Area Municipal Councils; · AND WHEREAS Section 77(5) of the Planning Act permits the County of Oxford Councn to be or may constitute and appoint a land division c~mittee for th.e purpose of giving conse.nts under this Act; AND WHEREAS Section 54{1) of the Planning Act permits the council of an upper-tier municipality, to, by by-law, delegate to the council of a lower-tier municipality the · . . -·---·-·---··---.... __._.------~·,...._---~----··--·-·--~---···--.--··----------- STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: RURAL CONNECTIONS BROADBAND PROGRAM FINAL REPORT Report No.: DCS 13-37 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council/Committee OCTOBER 28, 2013 Date: Attachments: RECOMMENDATION THAT Council receive Report DCS 13-37 Rural Connections Broadband Program Final Report; \ ) AND THAT the remaining project costs of approximately $305,000 be funded from the Industrial Land Reserve; AND THAT all future broadband revenues be allocated towards the Industrial Land Reserve in order to replenish the reserve. EXECUTIVE SUMMARY In August 2010, the Town of Tillson burg submitted an application to Intake III of the Ontario Government's Rural Connections Broadband Program (RCBP) for the extension of a fibre optic network into the Town's Industrial Areas as per the following resolution, which was passed by Council on August 9, 2010: No. 25 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Whereas the 2004 Municipal Strategy and the 2008 Economic Development Strategy support improved broadband infrastructure in the Town of Tillsonburg; and, WHEREAS providing broadband infrastructure is a priority in retaining and growing the Town's economic base, BE IT RESOLVED THAT Council endorse the Tillsonburg Business and Industry Fiber Optic Expansion Initiative as a project for submission under the Rural Connections Broadband Program -Intake III and that the Town commit to securing the remaining two-thirds funding. "Carried" CAO • Existing infrastructure deficiencies that necessitated changes to the technical plan (lack of detailed information on existing infrastructure, hydro pole loads already at maximum, etc); • Delays in engineering design due to insolvency proceedings experienced by a subcontracting company; • External and internal staff turnover; • Changes in fibre technology as the project progressed with significant implications to pricing power and marketability. Overall, the single most important issue appears to have been organizational capacity, i.e. the capacity of each of the respective partners to fulfill their respective responsibilities. All of the partners are small organizations with limited staff resources and skill sets to follow up on the myriad of activities and action items required in order to complete a project of this complexity. Tillsonburg is one of the smallest communities/organizations to have received funding from the Rural Connections Broadband Program and fibre installation is inherently more complex than a wireless project. Another issue that was not anticipated was the significant number of larger companies that were unable to connect to the new fibre optic due to internal Information technology policies that limited their ability to change the technology. For example, one company's policy was that all branch plants had to utilize T1 technology for internal equipment communications. However, in spite of the fact that the T1 service provided was less than 1 MBPS in terms of speed and was resulting in delays in data transfer, they were not able to switch to the fibre service offered by the Town. This company had over 300 employees and a significant demand for higher speed yet they were not able to utilize the service. The pricing for the various packages was developed based on an extensive review of the marketplace including both large and small fibre service providers as well as costs for similar services (DSL, wireless, etc). In addition to this, a survey on willingness to pay by Tillsonburg businesses was also conducted. In spite of the extensive research conducted in this regard, it appears that the initial prices were set too high for many of the small to medium sized businesses in Tillson burg and this resulted in slow adoption of this new technology. Although able to demonstrate that the higher price was justified, many companies were turned off by the significant jump from their current costs and this soured business prospects. Part of the reason for the disparity is that technology advanced very quickly during the project, and specifically, from the time of the original customer survey to construction in late 2011/early 2012 and this resulted in what was reasonable pricing becoming unreasonable. The team learned that it is important to stay on top of new technologies and pricing the entire way through a project and adjust quickly as needed to new marketplace realities. In hindsight, these challenges can be viewed from the more positive perspective of being a valuable learning experience. The following items are some of the key experiences gained through this project: 3 CAO \ J for existing infrastructure), one-time installation/connection fees from private industry ($285,833), PacketWorks ($247,000 in cash payouts for project purchases), and in-kind contributions from our partners (PacketWorks at $166,500 and INS Consulting at $45,000). FIGURE 1 -PROJECT BUDGET AS SUBMITTED IN APPLICATION J"OTALPROJECT·coSTS .···:~=-=~··· . ($J 1. Consulting Fees $40,000 2. Design Engineering $245,833 3. Infrastructure (existing and new) -vertical real estate, equipment, $962,667 network management software 4. Project Management (max. 10% of eligible costs) $120,000 5. Outreach/Awareness and Public Sector Access (required to allocate 3-$45,000 5% of eligible costs to this component) 6. Aboriginal Consultation $1000 6. Miscellaneous -surety costs, plaque expense $2,000 7. Other $45,000 Total Estimated Eligible Costs $1,461,500 As detailed in report EDO 03-2011 -Broadband Funding Agreement, which was provided to Council on March 3, 2011, the Town has committed $200,000 in funding towards the total project budget of $1,461,500 and this amount was included in the approved 2011 and 2013 Capital Budgets. Claims submitted and final OMAFRA funding The project claims submitted to OMAF totaled $1,456,108.11, which was $5,391.89 lower than the total approved amount of $1,461,500. OMAF's contribution was one-third of the approved project amount as follows: Budget Actual Project Costs $1,461,500.00 $1,456,108.11 OMAF Contribution $487,167.00 $473,193.68 As the actual project costs were lower than budgeted, OMAF's corresponding contribution was also lower. In addition to this, OMAF disallowed some expenses claimed, which will have to be covered by the municipality. One of the biggest sources of project revenues was projected to be connection fees from private industry, which was budgeted at $285,833. This is a Town liability as the Town was to carry these costs until reimbursed by the connection fee revenues. It was originally contemplated that the project would be able to secure significant connection fees from a smaller number of larger users that needed the high speed connectivity. 5 CAO working under the President's direction to expand the revenue for the project. PacketWorks is being supported by the Development Commissioner as they reach out to local businesses and organizations. Collectively, these three representatives are the Sales Team for the project. The Sales Team is developing a plan to offer additional services to customers, including Voice Over Internet Protocol (VOIP) telephone service. A number of the current customers have also signed up for this service. At this time, it is not known what the revenue impact of this new service will be to the Town, but it will likely be significant and staff will provide additional information on this in the future as it could improve the forecast revenue for the Town. In spite of the forecast revenue projections, staff are very aware that the project carrying costs are significant for the Town of Tillson burg. Hence, staff are recommending that the outstanding amount be funded entirely from the Industrial Land Reserve. The balance of the industrial land reserve as of December 31, 2012 was $803,731.10 and funding the remaining fibre project costs of $305,000 from it will reduce the balance to $498,731.10. It is important to note that the amount over and above the PacketWorks contract amount of $485,833 will be permanently funded by the Industrial Land Reserve with no potential for repayment. This amount totals approximately $38,096. The Industrial Land Reserve is used to fund the interest costs related to the debenture for land acquisition and project development costs. These costs are $30,359 in 2013 and will decrease slightly on annual basis due to principal repayments. With the impact of the remaining fibre project costs, the interest costs can still be funded for an additional 16 years assuming the reserves are not spent on other items in the interim. If the recommendation contained within DCS Report 13-72 {Investment Support) is accepted, this will further reduce the balance of the Industrial Land Reserve to $98,731.10. Even with the reduced funds available in the reserve based on these two impacts, the interest costs can still be funded for an estimated 3 years. This does not take into account the forecast revenues from PacketWorks nor potential revenues from future land sales. If this course of action is approved, staff will direct all ongoing revenue from the broadband fibre monthly revenue streams plus any additional revenue into the Industrial Land Reserve to fund the interest costs as well as a portion of future park development costs. ALTERNATIVES Council could choose to direct staff to fund all of the project costs through debentures: Staff do not recommend this course of action as this will increase the impact to the net levy. The recommended course of reduces the impact to the net levy. 7 CAO APPENDIX A -FINAL NETWORK AS CONSTRUCTED 9 D CAO \ Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATIONS: STAFF REPORT FINANCE Debt Placement FIN 13-57 Darrell Eddington COUN CIL MEETING DECEMBER 9, 2013 THAT Council receives report FIN 13-57 Debt Placement. AND THAT Council receives the annual repayment limit calculation. AND THAT Council approves the placement of debt for the Rural Connections Broadband capital project in the amount of $200,000 through the County of Oxford for a ten year term at the appropriate interest rate. EXECUTIVE SUMMARY Council may recall that at the Council meeting of October 28, 2013, the final Rural Connections Broadband Program Final Report DCS 13-37 was deferred. Accordingly, a follow up report is being brought forward at the December 9, 2013 Council meeting for Council's consideration. The funding sources for this project need to be approved by Council. DCS 13-37 recommended the use of industrial land reserves in the approximate amount of $305,000. This report addresses the required debt funding of $200,000. The placement of debt was approved in the 2013 capital budget. All debt is placed through the County of Oxford. The County Director of Corporate Services is currently obtaining quotations from other banks to fund this project and the Town's required refinancing amount, which aggregates approximately $2,450,500. The Town's Director of Finance obtained a quote from the Town's banker, TD Canada Trust, that has been provided to the County. The terms and rates provided from TD Canada Trust will be the maximum, and will be at a fixed interest rate of 3.35% for 10 years for this debt when the financing is placed by the County on December 16, 2013. .J Detenninatlon of Annual Debt Repayment Limit 'Town of Tlllsonburg 1.0 Gross Debt Charges 1.1 Principal 1.2 ln19rest 1.3 Subtotal 2.0 Debt Charges on OCWA Provincial Project 3.0 Payment in Respect of Long Term Commibnents And Liabilities 4.0 Subtotal-Debt Charges 5.0 Debt Charges For Municipal Utilities 6.0 Payments To Province For Downtown RevitalizatiOn Program Loans 7.0 Debt Charges For Tlle Drainage and Shorer.ne Assistance 8.0 SUbtotal -Debt Charges to be Excluded 9.0 Net Debt Charges 10.0 Total Revenue Fund Revenues .. 11.0 Fees For Repaying The Province For Down1xlwn RevitallzaUon Loans 12.0 Fees For Tile Drainage and Shorenne Assistance 13.0 Grants From Government of Ontario, Government of Canada and Other Municipalities 14.0 Fees and Revenues For Joint Local Boards For Homes For The Aged 15.0 Net Revenue Fund Revenues 16.0 26% of Net Revenue Fund Revenue 17.0 Annual Repayment Limit 25% of Net Revenue Fund Revenues less Net Debt Charges Certified: 02-Dec-13 OB-Jul-11 $1,446,782 823,244 2,270,026 0 0 2,270,026 0 a a 0 $2,270,026 $18,360,092 0 1,414,191 . $16,945,901 $4,236,475 $1,968,449 -------------------'---·----·----·-.. ·---------· ····-----------·-···-·--·-........ -·-·· _ ....... . Report Title: Report No.: Author: Meeting Type: Council Date: STAFF REPORT FINANCE Additional Reserve Contribution FIN 13-56 Darrell Eddington COUN CIL MEETING DECEMBER 9, 2013 Attachments: 2013 PROJECTED YEAR END RESERVES RECOMMENDATIONS: THAT Council receives report FIN 13-56 Additional Reserve Contribution. AND THAT Council approves the additional estimated 2013 contribution to reserves in the amount of $787,376. EXECUTIVE SUMMARY The majority of reserve allocations, both contributions to and from reserves, were established and approved by Council at the time the 2013 Business Plans and Budgets were adopted. In addition, there were reserve items approved by Council throughtout 2013. As a result of projects being carried forward to 2014, proceeds on the disposition of assets, or anticipated dividends from Tillsonburg Hydro Inc., an additional estimated contribution to reserves in the amount of $787,376 is required as per the attachment. FINANCIAL IMPACT /FUNDING SOURCE N/A. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Darrell Eddington Darrell Eddington Darrell Eddington Date: 12/02/2013 Date: 12/02/13 Date: 12/02/13 \ ; STAFF REPORT PARKS AND RECREATION SERVICES Title: Re-establishing the Cemetery Pre-need Services Pooled Trust Fund Report No.: PRS 13-37 Author: Rick Cox, Director of Parks & Recreation Meeting Type: COUNCIL MEETING Council/Committee DECEMBER 9 ,2013 Date: Attachments: • Schedule A: Trust & Appointments RECOMMENDATION THAT Council receive Report PRS 13-37 -Re-establishing the Pre-need Services Pooled Trust Fund for information; and THAT Council authorize By-Law 3782 to amend Schedule A of By-Law 3639, A By-Law To Define Municipal Trust Funds And To Appoint Trustees To Those Trusts Established By The Corporation Of The Town Of Tillson burg; and THAT Council authorize the creation of a Town of Tillsonburg Cemetery Pre-need Services Pooled Trust Fund at Dec 31, 2013 with a value of $32,015.37 comprised of $10,447.03 funded from the Cemetery Maintenance Trust and $21,568.34 funded from the 2013 Surplus; and THAT no further pre-need services be sold by the Tillsonburg Cemetery Division. EXECUTIVE SUMMARY The Tillsonburg Cemetery Division has been accepting pre-need payments for interment services since the 1990's. There is a shortfall in the current holdings and, contrary to the applicable legislation, the monies have been consolidated with other cemetery funds held in trust. Council is asked to authorize that a separate trust is established to administer the pre-need monies, and that a portion of the 2013 surplus be used to make good the shortfall. BACKGROUND The Funeral, Burial and Cremation Services Act, 2002 requires that any cemetery operation choosing to offer pre-need services must establish and maintain a specific trust fund and bank account to ensure the monies held in trust are available for the use they were contracted for. The Tillsonburg Cemetery Division has been accepting deposits against future interment services for many years, and in the past maintained a specific "prepaid" trust account for those funds, although staff was not aware of the purpose of the prepaid trust. Further, all holders of prepaid/pre-need contracts must be provided 112 PRS 13-37-Re-establishing the Cemetery Pre-Need Trust.docx CAO ) Page 1 of46 November 2013 THE CORPORATION OF THE TOWN OF TILLSONBURG PERSONNEL POLICY www.tillsonburg.ca Amended November 2013 \ ) Gifts and Other Benefits ................................................................................................................. 31 Political Activity ............................................................................................................................... 31 Distribution of Literature I No Solicitation ....................................................................................... 31 Use of Property ............................................................................................................................... 31 Infractions ....................................................................................................................................... 31 Compliance ..................................................................................................................................... 32 RESPECT IN THE WORKPLACE ............................................................................................................... 32 HEALTH AND SAFETY COMMITTEES ...................................................................................................... 35 EXTERNAL COMPLAINT PROCEDURE ................................................................................................... 36 PRIVACY POLICY ....................................................................................................................................... 37 APPENDIX ................................................................................................................................................... 39. Appendix A -Privacy Consent ...................................................................................................... .40 Appendix 8-Personnel Policy Acknowledgment ......................................................................... .41 Appendix C-Employee Disclosure of Interest Form ................................................................... .42 Appendix D -External Employee Complaint Form ...................................................................... ..43 Appendix E -Personnel Policy Rates ........................................................................................... .44 Page 3 of46 November 2013 EMPLOYMENT CONDITIONS/WORK HOURS For purposes of this Policy, Full-time employees may be either salaried or hourly employees who are regularly scheduled to work at least thirty-five (35) hours per week. Generally, Full-time employees are eligible for group insurance arranged by the Town, subject to the terms, conditions and limitations of the group insurance. For purposes of this Policy, Part-time employees are those who are regularly scheduled to work up to twenty (20) hours per week. Part-time employees are not eligible for group insurance arranged by the Town. Part-time employees are eligible for insurances, required to be provided by statute, like employment insurance and workplace safety insurance. For purposes of this Policy, Fixed Contract employees of less than six (6) months are eligible for insurances required to be provided by statute, such as employment insurance and workplace safety insurance, but will not receive Town benefits such as paid sick days, personnel days, etc, unless otherwise stated in their employment agreement. Hours of Work The following is intended to define the normal hours of work for Full-time and Part-time employees. In describing the normal hours of work, the Town is expressly not providing a guarantee to employees of either specific hours of work or the number of hours of work. All hours described are subject to be modified by the Town in accordance with its operational requirements. • Senior Management Employees All members of Senior Management (SMT) or other designated senior employees will be paid a flat salary of seven (7) or eight (8) hours per day, based on their current schedule, but hours worked will not be tracked in lnview. • Full-time Employees Normal hours of work for all Full-time employees are either seven (7), eight (8}, or ten (10) working hours per day exclusive of the unpaid meal period described in this Policy and a normal working week of thirty-five (35) to forty (40) hours, exclusive of unpaid meal periods. • Part-time Employees Normal hours of work for Part-time employees will vary and may be up to twenty (20) hours per week from Sunday to Saturday inclusive. Supervisors will advise employees of the times of their working schedules, including the normal start and end times of their working day. As described above, the Town's operational requirements may necessitate temporary or permanent changes to start and end times to an employee's working day, temporary or permanent changes to the days of the week scheduled, as well as temporary or permanent changes to the total number of hours that may be scheduled each day and week. Page 5 of46 November 2013 supervisor to determine their eligibility and obligations in respect of the OMERS Plan. Where the Town offers programs, benefits and insurances beyond those required by law, eligible employees may be required to, or may voluntarily, authorize deductions from their pay to cover the costs of participation in these programs. Paid Overtime Development & Communication Services, Finance, and Parks and Recreation Employees i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest % hour upwards. iii) Employees will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of forty (40) hours in a week. i) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three months of the work week in which the overtime was earned, or twelve (12) months if the employee and the Town so agree. iv) All hours up to forty (40) hours in a week, whether or not an employee's normal hours of work are less than forty (40) in a week, will not attract overtime pay or be compensated as described in paragraph iv. v) An employee's overtime bank may not exceed one week, either thirty five (35) or forty (40) hours. Operations Employees ii) No overtime shall be worked except as authorized in advance by the employee's supervisor. iii) All authorized overtime shall be calculated to the nearest % hour upwards. iv) Employees employed in the Operations Department, other than employees working in Hydro functions, former PUC and Works departments, will be paid overtime pay of one and one- half times their regular straight time rate of pay for all hours worked in excess of forty (40) hours in a week. Employees who work in Tillsonburg Hydro functions and employees of the former PUC will be paid overtime pay of two times their regular straight time rate of pay for all hours worked in excess of forty (40) hours in a week. Employees in the Works department when called into work will be paid overtime pay for hours worked on a Sunday or statutory holiday at two (2) times their regular straight time rate of pay. v) Employees attending to work for overtime hours, when called in, shall receive the greater of their actual hours worked at the overtime rate, or two (2) hours pay at the appropriate overtime rate, which for employees working in Operations is two (2) times their regular straight time rate of pay. vi) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay. Paid time off in lieu of overtime pay must be taken within three (3) months of the workweek in which the overtime was earned, or twelve (12) months if the employee and the Town so agree. vii) An employee's overtime bank may not exceed forty (40) hours at any time. Senior Employees i) No overtime shall be worked except as authorized by the employee's supervisor or Chief Administrative Officer ii) All eligible time shall be calculated to the nearest % hour upwards. iii) Employees listed in sub-paragraph iv (the "Ineligible Senior Employees") shall not be eligible for overtime pay. iv) The Ineligible Senior Employees are: the Chief Administrative Officer, Director of Finance, Director of Development and Communications Services, Director of Operations, Director of Parks and Recreation, Fire Chief, Deputy Fire Chief and Development Commissioner. Page 7 of46 November 2013 to a maximum offive (5) days. Vacation of up to one (1) week may be carried over into the employee's next vacation year, if approved by the respective Director or Chief Administrative Officer. All vacation time above and beyond one (1) week on December 31 of each year will be removed from the employee's vacation balance. To schedule vacation, employees must submit their request for vacation through lnview on or before February 1 of each year. The supervisor will approve or deny the vacation request based on the Town's operational requirements. A request for vacation of longer than two (2) weeks will also require the approval of the Director. Accrued vacation pay shall be paid to the employee on the regular pay date occurring during the period of the vacation, unless the employee and the Town agree otherwise. When a public holiday occurs during an employee's vacation, the Town shall substitute another day that would ordinarily be a working day for the employee to take off work for which the employee will be paid public holiday pay as if the substituted day were a public holiday. Public Holidays and Public Holiday Pay All full time employees are entitled to a holiday with public holiday pay on each of the following public holidays: Part-time employees are not eligible to receive a holiday with public holiday pay on Easter Monday or the 1st Monday in August holiday. To be eligible for public holiday pay, employees must work all of their last regularly scheduled day of work before the holiday and all of his or her first regularly scheduled day of work after the holiday, unless the employee had reasonable cause for not so working. Public holiday pay for Full-time employees will be equal to the employee's regular wages for a regular work day, except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on the employee's regular wages for a regular work day but shall be prorated having regard for the part of the day that is observed as the public holiday. Public holiday pay for other employees will be equal to the employee's regular wages earned and vacation pay payable to the employee in the four (4) weeks before the work week in which the public holiday occurred, divided by twenty (20), except in the case where less than a full day is observed as the public holiday. In that case, public holiday pay shall be based on such formula but shall be prorated having regard for the part of the day that is observed as the public holiday. Page 9 of46 November 2013 misconduct. A disciplinary memo will be completed and added to the employee's personnel file. Written Warning: This warning serves to firmly call the employee's attention to continued unsatisfactory performance and/or misconduct. A disciplinary form will be completed and added to the employee's personnel file. The report will include the cause for warning, the employee's explanation, the recommended corrective action, and a statement concerning the nature of the anticipated disciplinary actions. Final Warning/Suspension (without pay): The final warning serves to put the employee on notice that his or her unsatisfactory performance and/or misconduct is not acceptable and that failure to immediately correct the problem may be cause for more serious disciplinary action, including termination of employment for cause. A disciplinary letter explaining the serious nature of the incident, the duration of the unpaid suspension and the corrective action necessary for improvement accompanies the final warning. A copy of the final warning letter will be added to the employee's personnel file. Termination/Dismissal: Reflects the employee's continued failure to correct unsatisfactory performance and/or misconduct despite prior corrective actions; or reflects a serious infraction of the standards of employee conduct that warrants termination for cause. Problem Resolution The Town is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion or question receives a timely response from the Town's management. Employees are encouraged to offer positive and constructive criticism. It is the intent of this policy to have issues, suggestions, problems, concerns or complaints dealt with at the most appropriate level. It is important to communicate with and not avoid, exclude or go around various levels of management. No employee will be penalized, formally or informally, for using the problem resolution procedure. If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concern through the problem resolution procedure, using the following steps. The steps are as follows: Step 1. Speak to your immediate supervisor .. In a situation where it would be inappropriate to contact the immediate supervisor, the employee may present the issue to Human Resources or his or her designate or to the Chief Administrative Officer. Step 2. Your supervisor will respond to the issue after consulting with appropriate management or other interested parties as may be appropriate and provide a response. Step 3. If the employee is not satisfied with the supervisor's response, he or she may present the issue in writing to Human Resources or his/her designate or if not appropriate, to the Chief Administrative Officer. Step 4. Human Resources or his/her designate will review and consider the issue, assists in putting the problem in writing, meets with the employee's supervisor(s) or manager(s) as may be appropriate. Human Resources or his/her designate or Chief Administrative Officer where appropriate provides written response. Page 11 of46 November 2013 to provide medical certificates supporting a request for leave. Absence and Lateness Reporting/Call In As soon as an employee becomes aware that he or she will be absent or late for work, he or she must call his or her supervisor to report the absence or lateness. In any event, the absence or lateness must be reported to the employee's supervisor or manager within one-half hour of the commencement of the absence or lateness (usually the beginning of the employee's regular start time). If the supervisor is unavailable, after the employee makes all reasonable efforts to contact the supervisor, the employee shall inform another person in the Department in which the employee is employed who shall be requested to convey a message to the supervisor. A failure to report a lateness or absence as required by this Policy will result in discipline, up to and including termination for cause. Where appropriate, you should call in each day that you are absent. A failure to report a lateness or absence, as required by this Policy, for three consecutive days will result in the Town considering the employee to have abandoned his or her employment. The employee's employment will be terminated at that time. Exceptions will be made only in the most extraordinary of cases. Excessive absences or lateness, which have not been excused by the Town, will result in disciplinary action, up to and including termination for cause. All absences or lateness for which an employee seeks to be excused must be supported by appropriate documentation. Except in extraordinary cases, an absence or lateness for which an employee is unable or unwilling to provide documentation will not be excused. Even absences or lateness that are excused by the Town may result in an employee receiving counselling to determine whether and to what extent the absences and lateness can be reduced. Personal Days All Full-time employees are eligible to claim up to two (2) personal days per calendar year, subject to the approval in advance by the employee's supervisor, to cover non-sick leave situations that require the employee to be absent from work, such as a sick child or a parent who is ill, legal appointments, etc. Personal days may not be carried over to the following calendar year and employees will not be paid for earned but unused personal days upon cessation of employment. This entitlement shall be set off against any leave entitlements under applicable provincial minimum employment standards legislation. Short-Term Disability Benefits Full-time employees who have completed their probationary period are eligible to claim short-term disability benefits on the event of an illness or non-work related injury that requires the employee to be absent from work for five consecutive days or more. A detailed medical certificate issued by a qualified physician and such documentation as may be required by the Town's outside Third Party Adjudicator must support a claim for short-term disability benefits. If a claim for short-term disability benefits is approved by the Town, benefits may be paid for a period of up to twenty-six (26) weeks per single disabling event or related disabling events, in accordance with, and to the maximum weeks and amounts provided by, the following schedule, and on the further condition that the employee continues to provide the Town with detailed medical certificates, if and when requested by the Town, updating the status of the employee's illness or non-work related injury, the requirement to be absent from work and Page 13 of46 November 2013 the first day of an absence from work as a result of an illness or injury for which benefits are payable under the Act and ending on the date that benefits are no longer payable under the Act. In the case that the Town makes a payment to an employee in respect of a period for which the employee also receives a payment from the Workplace Safety and Insurance Board, the employee shall remit the payment (or the value of the payment) to the Town, except any payment that relates to an award of non-economic loss ("NEL" Awards). Group Insurance The Town presently pays premiums on behalf of eligible Full-time employees for group insurance which consists of the following group benefits: );:> Life Insurance );:> Extended Health Insurance );:> Deluxe Travel Insurance, and );:> Dentallnsurance The Town pays certain premiums for the described group insurance only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier, and are subject to the terms of the applicable insurance plan. Please refer to your Group Insurance Booklet to obtain specific details of the insured benefits and to determine the rules respecting eligibility and exclusions for insurances. Pension Participation in a pension, administered by and in accordance with the provisions of the Ontario Municipal Employee's Retirement System (OMERS), is compulsory for every eligible Full-time employee of the Town from the date of hire. Participation in OMERS is optional for certain Part- time employees. To determine whether you qualify or are required to participate in OMERS please contact your supervisor. Miscellaneous a) Clothing Allowance Managers will be able to supply employees with vouchers from Marks' Work Warehouse for each article of clothing they require. In order for a voucher to be issued, the employee must return the soiled or worn out article that they wish to replace to their Manager. Each voucher will contain the required article of clothing as well as the style numbers and colours available to the employee. The number of articles of clothing as indicted in Appendix F, are to be considered a maximum annual amount required. This allowance applies only to clothing required in order for an employee to complete their daily tasks. This does not include any required uniforms or health and safety equipment. b) Safety Equipment Safety equipment shall include, but is not limited to, CSA safety boots, gloves, fluorescent safety wear, safety glasses, hearing protection, etc. The Town shall provide such equipment to the employee as determined by the employee's supervisor and as job conditions warrant. c) Mileage Employees using personal vehicles, as approved by the employee's supervisor, or CAO in the case of the in-town rate, while on business for the Town, Tillsonburg Hydro Inc. or the Tillsonburg Police Services Board, shall be reimbursed at a rate in accordance with Appendix E to this Policy. Page 15 of 46 November 2013 0) Health Club Membership The Town will offer Full-time employees and members of Council a 100% discount on an adult regular membership fee (for personal use by the employee) in the Town's Community Centre Health Club, Squash, Tennis and Swimming Pool Facility. This membership is a taxable benefit. EDUCATIONAL ASSISTANCE The Town may provide educational assistance to eligible Full-time and Part-time employees who have completed their probationary period in an eligible employment classification. Employees must remain in active employment and be performing their job satisfactorily through to the completion of the course for which educational assistance is claimed. An employee must acquire all the details regarding the course (including the educational institution the course is offered through, the full course description, the cost of the course, the program through which the course is offered, and the relevance of the course to the employee's employment with the Town). The employee must then submit a written request to the Town (accompanied by information described in this Policy) for educational assistance. The request for educational assistance will be reviewed and a decision will be made as to whether the course qualifies for educational assistance. The employee is responsible for paying the cost of the educational course upfront and the Town then reserves the right to reimburse none, some or all of cost. All approvals for education assistance must be received prior to the employee commencing the course for which the education assistance is sought and will be subject to the condition that the employee achieves a final grade of at least 60%, or equivalent, (where the course is graded in that manner) or present a certificate of completion where only a certificate of completion is presented to successful participants. An employee who resigns or is terminated for cause from the Town prior to completion of an approved course will not be reimbursed. While educational assistance is expected to enhance an employee's performance and professional abilities, the Town makes no representations that participation in formal education will entitle the employee to advancement, a different job assignment, or pay increases. Page 17 of46 November 2013 medical certificate issued by a qualified physician. The Town will pay or reimburse the employee for the cost of the first medical certificate. Failure to comply with the request to provide a detailed medical certificate in support of the request for leave may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment for cause. If an employee is approved by the Town for sick leave or short term disability leave, the Town shall continue to pay the Town's normal share of the premiums for the group insurance that that employee would otherwise be entitled to for a maximum of twenty-six (26) weeks from the date of the first absence caused by the sickness or disability, provided that the employee pays the employee's share of the premiums, if any. Long-Term Disability Leave (a) Full-time employees may be approved for a long-term disability leave of absence. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician and provide regular updates to the Town from a qualified physician. Failure to comply with the request to provide a detailed medical certificate in support of the request for long-term disability leave of absence may result in forfeiture of pay, denial of the sick leave or long term disability leave and suspension or discharge from employment for cause. In addition, absences of extended duration and the cause(s) of the absences will be reviewed by the Town. In appropriate circumstances, and having regard to available medical evidence and prognosis for return to employment (including accommodated employment in accordance with legal requirements) the Town may treat the employment relationship as having been frustrated and terminate the employee's employment. Where a long-term disability leave of absence has been approved by the carrier, eligible employees shall have their group insurance administered on the following basis: i) The Town shall continue to pay the Town's normal share of the premiums for group life and extended health insurance for twenty-four (24) months from the date of the first absence caused by the sickness or disability, subject to the employee paying the employee's share of the premiums, if any. ii) No contribution to OMERS will be made by either the Town or the employee while the employee is on long-term disability leave since provision is made under the OMERS plan for either a disability pension or disability waiver of contributions, subject to OMERS regulations. (b) Employees who have been employed by the Town for at least thirty (30) consecutive years and i) have been approved for a long term disability leave of absence in accordance with this Article and ii) have been absent from work on such approved long term disability leave of absence for at least twenty-four (24) months from the date of the first absence caused by the sickness or disability, may request that the Town continue to remit premiums on their behalf for group life and extended health insurance, subject, in all cases, to the following further conditions and limitations: (i) the employee ceases to be employed by the Town commensurate with, or prior to the time, that the Town begins to remit premiums on behalf of the employee under article (b); (ii) the employee makes arrangements satisfactory to the Town for the payment of the employee's share of such premiums, if any, prior to the time that the premiums are payable, and the employee complies with those arrangements; Page 19 of 46 November 2013 under this Policy from their supervisor at least two working days prior to the day of the federal, provincial or municipal election. Jury Duty An employee who is required to serve as a juror in any court in Ontario shall be granted a leave of absence without loss of regular straight time pay during the period which the employee is required to serve as a juror and actually attends at court for that purpose. Upon completion of jury duty, such employee shall present to his Director a certificate satisfactory to the Director, signed by a responsible official of the Court, showing such period of service. It shall be a condition of the employee receiving any compensation pursuant to this Policy that the employee deposits with the Treasurer of the Town the full amount of compensation received, excluding mileage and any travelling expenses, for attending jury duty. Witness Duty If an employee has been subpoenaed as a witness for the Town or otherwise requested to testify as a witness by the Town, he or she will not suffer loss of regular straight time pay during the period he or she is required to be absent from work pursuant to the subpoena or the Town's request to testify. Employees who are subpoenaed to attend court by a party other than the Town shall not suffer loss of regular straight time pay for the first two days of the absence. An employee who is subpoenaed must deliver a copy of the subpoena to his/her supervisor immediately after it is received so that, where necessary, the supervisor may make such adjustments as operating requirements warrant. The employee is expected to report for work whenever the court schedule permits. OTHER EMPLOYMENT REGULATIONS Probationary Period All new employees will be subject to a probationary period. The probationary period is a trial period used by the Town to determine if the new employee is suitable for continued employment with the Town. It shall be a condition of continued employment with the Town that the employee complete the probationary period to the satisfaction of the Town. The probationary period for a new employee shall start on the date in which the employee commenced active full or part-time employment with the Town and continue from that date for a period of six (6) months. The probationary period may only be satisfied through the completion of such working days. The Town, in its discretion, may extend the probationary period for a period of up to 90 additional working days, on the provision of written notice to the employee affected. Retirement An employee may retire on the date of the employee's 65111 birthday. early retirement options with OMERS. Page 21 of 46 November 2013 An employee may explore privileged information is prohibited. The Town's Communication Systems may not be used in a way that may be harassing, disparaging, disruptive or offensive to others, or harmful to morale. 3. Employee communications transmitted or received by the Communication Systems should not be considered private by employees. The Internet gateway is not a secure system. There is no expectation of privacy for either the sender or recipient of electronic communications using the Communication Systems. 4. The use of the Communication Systems and the transmissions sent or received may be monitored or examined by authorized personnel to ensure the Town's legitimate business interest in the proper utilization of its property and the compliance with its policy. The Town reserves the right to access and disclose the contents of the communications/transmissions as is required in furtherance of the Town's legitimate business interests, by law or by legal obligations to third parties. By using the Communication Systems, employees consent to such access and disclosure of the contents of the communications/transmissions as set out above by authorized Town personnel. The existence of passwords or message delete functions does not restrict or eliminate the Town's ability or right to access electronic communications. 5. Information on Internet activity may be collected and periodically reviewed with the focus on possible misuse, unauthorized access and growth trends for capacity planning. 6. Use of software that violates the software vendor's licensing agreement is prohibited. 7. Employees shall not use a code, access a file, or retrieve any stored information, other than where authorized. Employees shall not attempt to gain access to another employee's messages without the latter's permission. 8. The Town, in its sole discretion, reserves the right to suspend or limit an employee's use of the Communication Systems. Violations of this policy may necessitate disciplinary action, as per the Progressive Discipline procedure. Prohibited Use Policies prohibiting all forms of harassment apply to the use of the Communication Systems. No one may use the Communication Systems in any manner that could be construed by others as harassment or discrimination based on a person's race, sex, colour, ancestry, ethnic origin, sexual orientation, age, disability, creed or any other factor that is legislatively protected. As such, it is of fundamental importance that these tools not be used for the following purposes: • Visiting any pornographic web site, • Expressing sexual jokes or other written references to sexual conduct, and • Displaying sexually suggestive or other offensive objects, pictures or cartoons. Any communications containing such content should be immediately brought to the attention of the immediate supervisor. Abuse of the Communication Systems to access or transmit offensive images or materials may in certain circumstances (i.e., child pornography) require the Town to report such illegal activity to the appropriate authorities. In addition, due to issues surrounding IT bandwidth, as well as the high volume or spam that already infiltrates our working environment; the following uses are also prohibited: • Participation in web based chat rooms, Page 23 of46 November 2013 your computer or telephone. Footer for Email All email should contain this footer: "This email, including any attachments, is for the sole use of the intended recipient and may contain confidential information. If you are not the intended recipient, please immediately notify us by reply email or by telephone, delete this email and destroy any copies. Thank you." No Expectation of Privacy The Town and specially authorized individuals reserve the right to access, use and disclose contents of the Communication Systems at any time and review, use and disclose communications within the Communication Systems, without notice to users of the Communication Systems. No one may access or attempt to access another's electronic communications without appropriate authorization from management. The reasons the Town may access the Communication Systems include but are not limited to: system maintenance; preventing or investigating allegations of system abuse or misuse; assuring compliance with software copyright laws; complying with legal and regulatory requests for information; ensuring that the Town operations continue appropriately during an employee's absence; investigating alleged employee misconduct; and any other purpose deemed appropriate by the Town. Employees should not expect the use of the Communication Systems to be private. Online Social Community Pages, Personal Websites and Weblog The purpose of this section is to define guidelines and standards for employees who maintain personal pages within an online social community such as Facebook or My Space, a personal website and/or web logs (blogs). This policy covers appropriate use of personal pages, websites and/or weblogs that reference the Town and applies to all employees, contractors, consultants, temporary employees, and other workers at the Town who maintain a personal website and or weblog. If you choose to identify yourself as a Town employee or to discuss matters related to the Town's business on your personal page, website or weblog, please bear in mind that although the personal page, website or weblog is a personal project and a medium of personal expression, some readers may nonetheless view you as a de facto spokesperson for the Town. In light of this, we ask that you observe the following guidelines: • Please make it clear to your readers that the views you express are yours alone and that they do not necessarily reflect the views of the Town. To help reduce the potential for confusion, we would appreciate it if you put the following notice -or something similar - in a reasonably prominent place on your site: The views expressed on this personal page, websitelweblog are mine alone and do not necessarily reflect the views of my employer. If you do put a notice on your page and or site, you needn't put it on every page, but please use reasonable efforts to draw attention to it -if at all possible, from the home page of your site. • Do not disclose any information that is confidential or proprietary to the Town or of any third party that has disclosed information to us. The Town's policy on Confidentiality applies. Accordingly, a violation of the policy may lead to discipline, up to and including termination of employment for cause. Page 25 of46 November 2013 employees who have Town provided PDAs or cellular phones to adhere to this policy at any time they are using the equipment. Be aware that you could face prosecution for failing to have proper control of your vehicle or for careless or reckless driving if use of a PDA or cellular phone affects your driving. You may also be subject to discipline, including termination of employment for cause for violation of this policy. Please be advised that as of the date of issuance of this Policy, it is a provincial offence in Ontario to drive while using a hand held cellular phone or PDA. Personal Telephone Calls Personal use of the phone will be permitted but only in respect of urgent matters. Employees must limit their personal use of the phone and will be required to reimburse the Town for all long distance or other charges incurred as a result of their personal use of the phone. Personal Mail Employees must refrain from sending or receiving personal mail from or to the workplace. Performance Evaluations Performance evaluations are scheduled during an employee's probationary period, and on the employee's anniversary date thereafter. The evaluation process shall include a review of the job description; an evaluation prepared by management/supervisor, with an opportunity for review and comment by the employee; and the establishment of objectives for the next following evaluation where applicable. Results of the evaluation process will be a factor in determining placement on the approved salary grid. Equal Opportunity Employer It is the objective of the Town to provide equal employment opportunities without discrimination because of a person's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability or such other prohibited ground as set out under provincial human rights legislation. Recruitment Vacancies for permanent full-time and permanent part-time positions are to be advertised internally for a period of one week. It is suggested that an internal applicant advise their immediate supervisor of their intention to apply for a position before actually applying. The Town may elect to post an advertisement for a position externally at the same time that it is posted internally. Offers of employment will be prepared by the Human Resources Manager or his or her designate in consultation with the Chief Administrative Officer. All positions at the Director's level or above will be subject to Council approval. Workplace Security Every employee is responsible for making the workplace a safe and secure environment. Accordingly, all employees are required to comply with following security requirements: 1) Keys given to employees may not be duplicated or loaned to anyone. Lost keys must be reported to the Town immediately. Security codes or passwords must be kept in a secure location or committed to memory and are not to be disclosed to any unauthorized individual and not unless specifically directed by the Town to do so. . 2) Each employee is responsible for turning off the lights and equipment, such as fans, heaters, radios, and computers, in his or her individual office or workspace at the end of Page 27 of46 November 2013 CODE OF CONDUCT The purpose of this code of conduct for employees of the Town is to foster a common understanding of the fundamental rights, privileges, and obligations of employees. A code of conduct serves as a statement of principles of integrity, honesty, and impartiality, and recognizes that, as employees of a municipal corporation, employees of the Town are reposed with a public trust that they have a responsibility to uphold. Every employee has an obligation to the Town to report practices that are not in compliance with this Policy since it is in the best interest of the Town and all employees that are involved. Hiring of Relatives In most cases the Town does not support having relatives working together. The reason for this is that it has the potential of creating a conflict of interest, or an abuse of power. For the purposes of this policy, a relative is defined as a spouse, common-law spouse, child, common-law spouse's child, mother, father, brother, sister, grandchild, son-in-law, daughter-in- law, brother-in-law, sister-in-law, mother-in-law, same sex partner, common-law spouse's mother, father-in-law, common-law spouse's father, grandparent, spouse's grandparents, aunt, and uncle. The Town does not have a policy against hiring relatives or family members; however, one stipulation has been established to ensure fair treatment of all employees. Relatives of employees currently employed by the Town or relatives of a member of Council or a local board may be hired, or may be continued in employment, only if they will be employed in or transferred into a position that does not directly report to or supervise the relative. That said, the Town will always look at the nature of the positions that both employees hold within the Town when making work related decisions (including but not limited to hiring, promotion and transfer). In all situations, the Town will ensure that any decisions made in this regard follow all provincial human rights requirements. The Town requires that all employees who may be working with a relative disclose this information to both their supervisor and Human Resources. If the relationship is found to have been deliberately concealed from the Town at the time the second relative is hired or any time thereafter, the employment of one, the other or both of the relatives may be terminated for cause. For further information on this topic, please feel free to contact your supervisor or Human Resources. Conflict of Interest If a conflict of interest (potential or actual) exists because of an employee's personal interest (or the interest of a relative of the employee) in a property matter, a business dealing with the Town, or similar circumstance, the Town must be immediately advised of the potential conflict in writing by all employees concerned. Employees are required to use Form 2, attached to this Policy, for purposes of advising the Town of the conflict of interest. A conflict of interest (potential or actual) exists when an employee is in a position to influence a decision that may result in a personal gain or advantage for the employee or for a relative of the employee as a result of decisions or actions taken by the Town. For the purposes of this Policy, a relative is any person as defined in the Hiring of Relatives section. Once an employee has declared a conflict of interest, in accordance with this Policy, he or she Page 29 of46 November 2013 conducted on individuals upon initial hire or placement, who will be working directly with Vulnerable Persons such as children, the elderly or persons with disabilities. "Vulnerable Person(s)" means any person(s) who, because of their age, a disability, or other circumstance, whether temporary or permanent, are in a position of dependence on others, or are at a greater risk than the general population of being harmed by a person(s) in a position of authority or trust. Gifts and Other Benefits Employees must refrain from accepting gifts and other benefits from firms or individuals, and must not place themselves in a position where they are under obligation (real or perceived) to favour an individual or firm. If any question arises as to whether an employee should accept a particular gift, protocol or social obligation, the employee must consult with his or her supervisor and receive direction before accepting such gift, protocol or social obligation. Political Activity Employees are encouraged not to get directly involved in a local government political campaign in the Town. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity and impartiality with which they must discharge their duties. Distribution of Literature I No Solicitation No employee shall cause any printed matter unrelated to the business of the Town and prepared outside of the normal course of the employee's responsibilities with the Town, to be circulated or posted on Town property without first obtaining the written approval of a Director or the Chief Administrative Officer. No employee shall solicit other employees of the Town, or third parties, during their working hours, in respect of personal or other business or matters not directly related to the business of the Town. Use of Property Employees must not use Town property, equipment, supplies, or services for activities not directly related with the discharge of their official duties and responsibilities unless prior authorization is provided by the employee's supervisor. In no case shall employees use Town property, equipment, supplies, or services for personal gain. Infractions The following are examples of infractions of the code of conduct that may result in disciplinary action, up to and including, termination of employment for cause: Page 31 of 46 November 2013 Falsification of timekeeping records Subject to human rights considerations, possession, distribution, sale or use of alcohol or illegal drugs in the work place Fighting or threatening violence in the work place Boisterous or disruptive activity in the workplace Insubordination or other disrespectful conduct Possession of dangerous or unauthorized materials Subject to human rights considerations, excessive absenteeism or tardiness or d) The making of any work-related decision (including matters of hiring, promoting, compensating, work assignments, evaluations, training or job security) not on the basis of merit, but on the basis of any of the Prohibited Grounds; e) Comments which are intended, or that ought reasonably be known, to promote stereotyping on any of the Prohibited Grounds; f) Jokes or comments which draw attention, for example, to a person's disability, age, ethnic, racial, or religious background or affiliation or which draw attention to a person's gender or sexual orientation with the effect of undermining such person's role in a professional or business environment or that by their nature are known or ought reasonably be known to be embarrassing or offensive; and g) Derogatory remarks, verbal abuse or threats directed towards members of one gender or regarding one's sexual orientation or with respect to a person's or group's ethnic, racial or religious background or affiliation. Harassment includes "Sexual Harassment" which includes any unsolicited conduct, comment, or physical contact of a sexual nature that is unwelcome by the recipient. It includes, but is not limited to, any unwelcome sexual advance (oral, written or physical); requests for sexual favours; unwelcome sexual or gender related comments, innuendoes, remarks, jokes or taunts; unnecessary physical contact such as patting, touching, pinching or hitting; displays of sexually degrading, offensive or derogatory material such as graffiti or pictures; physical or sexual assault. All employees have a right to be free from an unwelcome sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the employee and from a reprisal or a threat of reprisal for the rejection of such an unwanted sexual solicitation or advance. Types of unwelcome conduct of a sexual nature which may constitute Sexual Harassment include but are not limited to: a) Propositions of physical intimacy; b) Bragging about sexual prowess; c) Leering or inappropriate staring; d) Sexually degrading words or displays of suggestive pictures; e) Inquiries or comments about a person's sex life or sexual behaviour; and f) Sexual jokes or stories causing embarrassment or offence, that are told or carried out after the person telling the story or joke has been advised that they are embarrassing or offensive or that by their very nature are known or ought reasonably be known to be embarrassing or offensive. Policy Statement All employees in the workplace have a right to work in an environment free from violence, harassment and discrimination. In order to accomplish the goal of promoting a violence, harassment and discrimination free environment, the Town hereby establishes the following guidelines: • The Town will not tolerate violent, harassing or discriminatory behavior from employees, contractors, visitors, guests, or any others that attend at the workplace; and • Every employee, contractor, or visitor conducting affairs at the workplace shall be made aware of this policy, and the Town shall make every attempt to communicate its commitment to a violence, harassment and discrimination free workplace. Responsibilities Each and every employee is responsible for creating and maintaining a violence, harassment and discrimination free workplace. All employees are requested to report promptly when they become aware of alleged actions or complaints of violence, discrimination or harassment. Managers are responsible for providing a workplace that is free from violence, harassment and discrimination. Page 33 of46 November 2013 the violations, and may include a written reprimand, a suspension (paid or unpaid}, or termination of employment for cause as determined by the Town. Similarly, deliberate false accusations are of equally serious nature and will also result in disciplinary action up to and including termination of employment for cause. Note, however, that an unproven allegation does not mean that the conduct did not occur or that there was a deliberate false allegation. It may simply mean that there was an insufficient evidentiary basis to proceed. Complaints Against Third Parties The Town recognizes that an employee may be subject to violence, harassment or discrimination by customers or by others who conduct business with the Town. An employee who believes that he or she has been subjected to such conduct by a person who does not work for the Town may seek the advice of their supervisor or a member of the senior management team or his/her designate who will take whatever action is appropriate in the circumstances. HEALTH AND SAFETY COMMITTEES It is the policy of the Town to establish Joint Health and Safety Committees. The membership, appointments, and procedures of such Committees shall be as established from time to time, in accordance with the provisions of the Occupational Health and Safety Act. The Committees ensure, among other things, that information is provided to employees about workplace health and safety issues, ensures the Health and Safety Policies are up to date and posted, that training occurs, ensures that inspections occur and looks to provide recognition to employees where initiatives are taken to improve safety performance. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety rules or standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment for cause. Each employee's manager will evaluate that employee on health and safety in the annual performance appraisal. Candidates for employment or promotion will, when possible, be evaluated on performance and experience in respect of health and safety. In keeping with the Town's intent to provide a safe and healthy work environment, and to comply with the Smoking in the Workplace Act, smoking is allowed only in designated smoking areas, and in all work locations, smoking has been completely prohibited. Page 35 of46 November 2013 Council. 8. Repeated complaints from the same Complainant or complaints deemed to be of frivolous nature may, at the discretion of the Chief Administrative Officer and Mayor, not necessarily follow all steps in this procedure. PRIVACY POLICY The Town is dedicated to maintaining the highest standards of confidentiality with respect to all employees' personal information provided to us. We are committed to ensuring that our handling of personal information is in compliance with applicable privacy legislation. What Is Personal Information? Canadian privacy legislation defines "Personal Information" broadly as information about an identifiable individual or as information that allows an individual to be identified. Personal Information includes information such as address, gender, age, ID numbers, income, ethnic origin, employee files, credit records or medical records. Generally speaking Personal Information does not include what is considered business contact information: your name, title or position, business address, business telephone or facsimile number, or business email address. Objectives of the Privacy Policy: the Town is responsible for Personal Information it holds or has under its control, including Personal Information it passes on to others with your permission. We have designated a Privacy Officer to ensure our compliance with legislation and this policy. Our Privacy Officer will receive and respond to your inquiries and complaints regarding the protection and privacy of your Personal Information, and deal with requests for access to your information. Purposes for the Collection of Personal Information: The purposes for which Personal Information is collected by the Town is, in part, specified below: • to enrol the employee on the payroll system • to comply with requirements imposed by law • to comply with statutory obligations including tax withholdings and remittances for Canada Pension Plan and Employment Insurance Any change of purpose to any of the above will be communicated to you. Where appropriate, Personal Information will be obtained directly from you. In the event Personal Information is obtained from any other source, you will be notified or your authorization will be obtained. Consent to Collection, Use and Disclosure of Personal Information: BY SUBMITTING PERSONAL INFORMATION TO the Town OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, BUSINESS INTERESTS AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting the Privacy Officer. If you refuse to consent or withdraw your consent, we may not be able to provide you or continue to provide you with certain employment benefits. There are circumstances where collection, use or disclosure may be justified or permitted, or where we are obliged to disclose Personal Information without your consent. These circumstances could include, but are not limited to: • Where the information is publicly available Page 37 of46 November 2013 APPENDIX Please remove the following pages, sign where indicated, and return to the HR Manager. The original documents will be housed in your employee file. You are welcome to retain a photocopy for your own record. Page 39 of46 November 2013 Appendix B-Personnel Policy Acknowledgment I, , certify that I have read the Personnel Policy and understand all the policies and procedures set out in the Personnel Policy. I have had a full and complete opportunity to ask questions and seek clarification. I agree to abide by the policies and procedures contained in this Personnel Policy. In particular, I am aware of the Town's Progressive Disciplinary policy, Code of Conduct, and Electronic Communications policy, and acknowledge that a failure to abide by these policies and procedures may result in disciplinary action and/or dismissal. Employee's Name Printed, _______________ _ Employee's Signature _________________ _ Date Signed, ___________________ _ Page 41 of 46 November 2013 Appendix D-External Employee Complaint Form Instructions A member of the public shall, as soon as an incident that involves a Town employee takes place in which the member of the public is of the opinion that the employee acted in a manner that was not professional, honourable, courteous or consistent, shall complete and file this declaration with the Chief Administrative Officer in accordance with the Personnel Policy. This matter shall be addressed in accordance with Section 9, External Complaint Procedure., of the Town's Personnel Policy. Name of Employee------------- Date of Incident In accordance with the External Complaint Procedure contained in the Personnel Policy, I disclose the following complaint and request consideration of this matter. Provide a brief description of the matter (additional information may be attached): I certify that the above information is true, correct and accurate. Signature of Complainant Date Address: Phone Number Please place this form in an envelope and mark it "Confidential" to the "Attention of the CAO". CAO Acknowledgment of Receipt Page43 of46 November 2013 Date Received Appendix F -Clothing Allowance Building Chief Building Official, Deputy Chief Building Official, Property Standards & By-Law Enforcement Officer 2 Pairs of work pants 4 Short sleeve T-Shirts 2 Long sleeve T-Shirts Recreation Sr. Program Coordinator-Programs, Program Coordinators-Aquatics, Instructor/Lifeguards 1 Bathing Suit 2 Singlets 2 Long Sleeve Shirts 1 Hoodie Per Ontario Public Pools Regulation the above clothing must be red in color and labeled 'Lifeguard' for easy identification Program Coordinators-Youth/Fitness Athletic Shoes Parks & Facilities Parks & Facilities Manager 1 Set of coveralls Facilities Operator, Lead Hand Housekeeper, Housekeeper, Parks and Facilities Labourer, Facilities Assistant, Community Centre Attendant, Cemetery Lead Hand, Parks Lead Hand, Parks & Facilities Foreperson 4 Pairs of work pants 4 T-shirts 2 Sweatshirts 1 Toque Operations/Utility (Hydro/Water) Operations Utility Manager 1 Set of coveralls Water Operators 4 Pairs of work pants 4 T-shirts 2 Sweatshirts 2 Pairs of work socks for winter work. Water Foreperson 4 Pairs of work pants 4 T-shirts 2 Sweatshirts 2 Pairs of work socks for winter work. Instrumentation Technologist Page 45 of46 November 2013 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE ARB Assessment Appeals FIN 13-55 Denis Duguay COUNCIL MEETING Council/Committee DECEMBER 9, 2013 Date: Attachments: 2013 ARB RECOMMENDATION THAT Council receive Report FIN 13-55 ARB Assessment Appeals. EXECUTIVE SUMMARY To inform council on current assessment appeals with the Assessment Review Board {ARB). CONSULTATION/COMMUNICATION The Assessment Review Board {ARB) is an independent adjudicative tribunal whose main function is to hear appeals from people who believe that properties are incorrectly assessed or classified. After the property owner has filed an appeal, the property owner receives a letter acknowledging the appeal. The appeal will then be scheduled for a hearing. At the beginning of the hearing, the ARB Member will explain the hearing process. MPAC will be at the ARB hearing and will bring evidence to support that MPAC's assessment is correct. The party will have a chance to question MPAC and their evidence during the hearing. FINANCIAL IMPACT /FUNDING SOURCE Included within the report is a listing of properties under appeal with the ARB in the Town of Tillsonburg. Currently 21 properties have appealed the assessment value for years 2009 thru 2013. Tax class changes that may be affected vary from Commercial, Industrial, Multi-Residential and Large Industrial. In the report two appeals identify the Town of Tillson burg as an appellant. The appeals are errors on behalf of the representing agency. The revenue manager has been in contact with the ARB and is in the process of having the issue corrected. 2013 is the start of a four (4) year reassessment. Appeals for years 2013 heard in 2014 or 2015 may or will be retroactive depending on the results of the hearing. CAO THE CORPORATION OF THE TOWN OFTIUSONBURG BY-LAW NUMBER 3775 A BY-LAW To Authorize An Agreement With The Thames Valley District School Board For The Provision Of A Joint Use Agreement With The Town Of Tillsonburg For South Ridge Park. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with the Thames Valley District School Board, for the purposes of a joint use agreement for South Ridge Park; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 9 DAY OF DECEMBER, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 9 DAY OF DECEMBER, 2013. MAYOR-John Lessif CLERK-Donna Wilson THIS RECIPROCAL USE AGREEMENT made this day of BETWEEN: RECITALS: THAMES VALLEY DISTRICT SCHOOL BOARD (hereinafter called "TVDSB") -and- CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the "Municipality") , 2013. WHEREAS TVDSB is the owner of lands municipally known as 10 South Ridge Road, Tillsonburg, Ontario N4G OC1 and as more particularly described in Schedule A; AND WHEREAS the Municipality owns the park lands described in Schedule B (the "Municipal Lands"), which adjoin the TVDSB Lands; AND WHEREAS the Parties are entering into this Agreement to set out their understandings in connection with the permitted use of one another's Lands; NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, TVDSB and the Municipality agree as follows: 1.0 DEFINITIONS 1.1 In this Agreement, unless the contrary intention appears: (a) "Agreement" means this reciprocal use agreement and all schedules attached hereto; (b) "Lands" means the TVDSB Lands and the Municipal Lands, collectively or respectively, according to the context; (c) "Law" and "Laws" shall mean and include all applicable laws, by- laws, regulations, requirements, orders, notices, policies and directions of all governmental or regulatory authorities and any other persons having jurisdiction over the Lands, the Parties or any of them; (d) "Municipal Lands" has the meaning set out in the second recital of this Agreement; (e) "Non School Related Times" means all times between dawn and dusk other than School Related Times; -3- (b) the Municipality shall be entitled, in its absolute discretion, to limit access to the Municipal Lands, or any part thereof, should the Municipality determine that such access will cause unreasonable wear and tear to the Municipal Lands or that such exclusion is necessary in order to allow the Municipal Lands, or any part thereof, to recover from use or weather conditions. 3.4 The Municipality shall be entitled to refuse access to and/or usage of the Municipal Lands by any person should the conduct or behavior of such person breach or offend any policies, procedures or rules of the Municipality. 3.5 Subject to the above provisions of this Section 3.0 above, as well as the remaining provisions of this Agreement, the Municipality agrees that the Municipal Lands may be accessed and used by teachers, administrators and students of the School during the School Year for recreational purposes. 3.6 TVDSB shall not use and shall not permit those it is responsible for at Law to use the Municipal Lands in a manner which is likely to damage or injure any person or part of the Municipal Lands, normal wear and tear excepted. 3.7 Neither TVDSB, nor any persons for whom it is responsible for at Law, shall: (a) place or erect any structure on the Municipal Lands; (b) dig on or intentionally alter the surface of the Municipal Lands (other than in play areas where digging is intended (i.e. sand box)); (c) mark or paint any surface of the Municipal Lands; (d) leave any litter or refuse on the Municipal Lands; (e) post or display any signs or other materials on the Municipal Lands or any structures located thereon; or (f) park any vehicle on the Municipal Lands, other than on a temporary basis in the designated public parking areas. 4.0 TVDSB LANDS 4.1 The Municipality hereby acknowledges and agrees that nothing contained herein or arising herefrom will provide the Municipality with any right or interest in the nature of an ownership or leasehold interest in the TVDSB Lands. 4.2 The maintenance and upkeep of the TVDSB Lands shall be the responsibility of TVDSB. TVDSB shall be entitled to determine its own standards, in accordance with Law, for the maintenance and upkeep of the TVDSB Lands. Notwithstanding same, the Municipality shall be PRS 13-26 - A TIO I -Joint Use Agreement.docx -5 - the TVDSB Lands, or any part thereof, to recover from use or weather conditions. 4.4 TVDSB shall be entitled to refuse access to and usage of the TVDSB Lands by any person should the conduct or behavior of such person breach or offend any policies, procedures or rules of TVDSB, including those with respect to the operation of safe schools. 4.5 Subject to the above provisions of this Section 4.0, as well as the remaining provisions of this Agreement, TVDSB agrees that the TVDSB Lands may be accessed and used by members of the public for general, unorganized, recreational purposes during Non School Related Times. 4.6 The Municipality shall not use and shall not permit those it is responsible for at Law to use the TVDSB Lands in a manner which is incompatible with the safe and proper operation of the School or in a manner which is likely to damage or injure any person or part of the TVDSB Lands or the School, normal wear and tear excepted. 4.7 Neither the Municipality, nor any persons for whom it is responsible for at Law, shall: (a) place or erect any structure on the TVDSB Lands; (b) dig on or intentionally alter the surface of the TVDSB Lands (other than in play areas where digging is intended (i.e. sand box)); (c) mark or paint any surface of the TVDSB Lands; (d) leave any litter or refuse on the TVDSB Lands; (e) post or display any signs or other materials on the TVDSB Lands or any structures located thereon; or (f) park any vehicle on the TVDSB Lands, other than on a temporary basis in the designated public parking areas. 4.8 The Municipality acknowledges that smoking on the TVDSB Lands is prohibited. The Municipality shall use reasonable efforts to ensure that those persons for whom it is responsible for at Law comply with such prohibition. 5.0 PROGRAMS 5.1 Each Party shall be responsible for: its own programs held on the Lands; any supervision required in respect of its own programs; and, all costs associated with its own programs. PRS 13-26-A ITO! -Joint Use Agreement.docx - 7 - additional insured with respect to TVDSB rights and obligations under this Agreement; and, (b) TVDSB will provide the Municipality with evidence of the insurance described in Section 8.2(a) above promptly upon request. Such certificate shall be delivered within thirty (30) days of commencement of this Agreement and thereafter once annually on renewal of insurance coverage. 8.3 The Parties acknowledge that each will carry all risks property insurance on its Lands in the type, form and amount which a prudent owner, acting reasonably, in the circumstances would consider appropriate, having regard to the cost and availability thereof. 9.0 MUTUAL INDEMNIFICATION AND WAIVER 9.1 The Municipality shall indemnify and hold TVDSB harmless from and against all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions of the Municipality, its officers, agents, employees, invitees or those for whom it is otherwise responsible for at Law, arising out of any cause whatsoever through its use of the TVDSB Lands. 9.2 TVDSB shall indemnify and hold the Municipality harmless from and against all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions of TVDSB, its officers, agents, licensees, employees, invitees or those for whom it is otherwise responsible for at Law, arising out of any cause whatsoever through its use of the Municipal Lands. 10.0 GENERAL 10.1 This Agreement nor any part hereof may be assigned by either Party, without the prior written consent of the other Party. 10.2 No amendment, change, or modification to this Agreement shall be valid unless authorized in writing by both of the Parties. 10.3 Any notice to the Parties hereto (herein a "Communication") may be delivered personally, sent by prepaid mail or by email or facsimile transmission as follows: To TVDSB as follows: The Thames Valley District Board of Education 951 Leathorne Street London, ON NSZ 3M7 Attention: Executive Officer-Facility Services and Capital Planning PRS 13-26-AlTO! -Joint Use Agreement.docx -9- 10.9 This Agreement shall not be registered on title of any of the Lands, other than on and subject to the express written agreement of both Parties. IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first above written. THAMES VALLEY DISTRICT SCHOOL BOARD Per: Name: Title: Per: Name: Title: CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Per: Name: Title: PRS 13-26-ATIOI -Joint Use Agreement.docx Description: Schedule 8 Description of Municipal Lands PT L T 8 CON 10 DEREHAM PT 2, 3 & 4 41 R3871; TILLSON BURG Site Address 20 SOUTH RIDGE RD \ THE CORPORATION OF THE TOWN OF TILLSON BURG ; ) RESERVE POLICY APPOVAL DATE: REVISION DATE: 11/25/2013 APPENDICES: N/A Page 1 Page 1 of 3 that would otherwise cause fluctuations in the operating or capital budgets. b. To establish reserve funds through the adoption of a by-law for: i. specific purposes as approved by Council. c. All reserves held in cash will be held in a separate bank account. 3.0 ACCOUNTABILITY The Director of Finance or his/her designate shall maintain accountability on behalf of Council relating to the administration of reserves, including the process to transfer to and from reserves once approved by Council. Staff provides recommendations on the transfer of funds to and from reserves. 4.0 PRESCRIBED COUNCIL AUTHORITY a. Establish new reserves; b. Close existing reserves; c. Amalgamate reserves; d. Transfer funds to and from reserves via the approved annual budget; e. Transfer funds to and from reserves through Council resolution not addressed through the budget process. 5.0 REPORTING Projected contributions and uses of reserves are provided as a component on the annual budget process. Reserve and reserve fund balances are provided as a component of the annual Town financial statements. 6.0 OTHER Where any other By-law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply. This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. MAYOR CLERK DATED Page 3 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3782 A BY-LAW to amend By-Law 3639, to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillson burg. WHEREAS The Town of Tillsonburg is desirous of amending By-Law 3639; AND WHEREAS there is a need to appoint a new municipal trust titled Town of Tillsonburg Cemetery Pre-need Services Pooled Trust Fund; THEREFORE BE IT RESOLVED THAT the Council ofThe Corporation of the Town ofTillsonburg enacts as follows: 1. THAT By-Law Number 3639 is hereby amended by replacing Schedule "A" with the new Schedule "A" attached hereto. 2. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST AND SECOND TIME THIS 91h DAY OF DECEMBER, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 91h DAY OF DECEMBER, 2013. MAYOR -John Lessif TOWN CLERK-Donna Wilson By-Law 3782, Schedule "A" -TRUST & APPOINTMENTS TRUST NAME: Annandale House Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden, Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the restoration, refurbish, development and promotion of Annandale House. Donations received herein shall be deposited into this trust account and may be invested in such securities as a trustee may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the restoration and development of Annandale House. TRUST NAME: Cemetery Maintenance Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden, Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the general maintenance and upkeep of Tillson burg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the general maintenance and care of the grounds of the Tillsonburg Cemetery. TRUST NAME: Cemetery Trust (Perpetual Care) PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden, Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the perpetual care of Tillsonburg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the continuous, everlasting care of Tillsonburg Cemeteries. TRUST NAME: Community Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Biff Jarvis, Mary Lou Sergeant TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for community designated purposes. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on community purposes such as heritage designations, disaster relief, fire safety, parades, festivals, theatre and so on. TRUST NAME: Parkland Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Virginia Armstrong, Mary Lou Sergeant TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for parkland purposes. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the care and maintenance of Tillson burg parklands to ensure a high standard and the continued beautification of Tillsonburg parks. PRS 13·37-A TIOl -Amended Schedule A By-Law3639.docx 1/2 Amended December 2013 THE CORPORATION OF THE TOWN OF TllLSONBURG BY-LAW NO. 3779 A BY-LAW to adopt the Town ofTillsonburg Reserve Policy. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. AND WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of adopting the Reserve Policy. THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Reserve Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into full force and effect on the day of passing. Read a First and Second Time this 25th day ofNovember, 2013. Read a Third and Final Time and passed this 9th day of December, 2013. Mayor-John Lessif Town Clerk-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: December 9, 2013 RESOLUTION NO.: 1 MOVED BY : SECONDED BY: THAT the Agenda as prepared for the Council Meeting of December 9, 2013, be adopted. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: December 9, 2013 RESOLUTION NO.: 2 MOVED BY: ~ SECONDEDBY: ----------~~L-------- THAT Council move into Closed Session, to consider: Matters relating to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Broadband and Baldwin Street) ; Matters relating to an identifiable individual, including municipal or local board employees (Museum Gallery and Airport AccountsL and Matters in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Hydro Board). d Carried D Recorded Vote D Defeated D Deferred D Tabled ~ ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: December 9, 2013 MOVED BY: THAT the Minutes of the Council Meeting of November 25, 2013 and December 4, 2013, be approved. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ ___ Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: _....:..4_ Date: December 9, 2013 RESOLUTION NO.: 4 MOVED BY: SECONDED BY: THAT Council receives Report CAO 13-15, Lease Expansion and Amending Agreement; AND THAT Council approve the lease expansion and amending agreement with RMM Tillson burg Centre Property Inc for space at the Tillsonburg Town Centre according to the terms and conditions as outlined in Report CAO 13-15; [] Carried D Defeated D Deferred D Tabled D Recorded ~ Vote Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=5"----Date: December 9, 2013 RESOLUTION NO.: 5 THAT Council receive Report CAO 13-19, Chief Administrative Officer Performance Evaluation 2013; AND THAT Council establish and appoint a CAO Performance Evaluation Committee; to lJ,JL I LLO(l...-( outJ( I l LOI'- AND THAT Council appoint Mayor Lessif and I(LE IN and 5 ·r ev C V1 s·_ol/'-to the CAO Performance Evaluation Committee; AND THAT Council approve the proposed 2013 CAO Performance Evaluation Process as outlined in Report CAO 13 -19. cifc arried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: _..=;.6_ Date: December 9, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report CAO 13-20 Shareholder Appointment to the Board of Directors of Tillsonburg Hydro Inc. AND THAT Council appoint Mayor Lessif to the Board of Directors of Tillson burg Hydro Inc. D Carried Recorded Vote D Defeated D Deferred Tabled D (\rj ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _.,!_7_ Date: December 9, 2013 RESOLUTION NO.: MOVED BY: THAT the Council of the Town of Tillson burg receives the City of Woodstock resolution regarding delegating approval authority for severance (consent) and subdivision application to area municipal councils as information; AND THAT Council directs the Town Clerk to advise the City of Woodstock that Town Council supports the Council of the City of Woodstock in their request to amend the Planning Act to provide the County with the power to delegate approval authority to Local Area Municipal Councils in the County. D Carried Recorded Vote D Defeated D Deferred D Tabled ('\!:;; Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _..;;o.8_ Date: December 9, 2013 RESOLUTION NO.: 8 MOVED BY : THAT Council receive Report DCS 13-37, Rural Connections Broadband Program Final Report; AND THAT the remaining project costs of approximately $305,000 be funded from the Industrial Land Reserve; AND THAT all future broadband revenues be allocated towards the Industrial Land Reserve in order to replenish the reserve. D Carried Recorded Vote D Defeated D Deferred D Tabled /}v.;..-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _..:::..9_ Date: December 9, 2013 RESOLUTION NO.: 9 MOVED BY : SECONDED BY:~ THAT Council receives report FIN 13-57, Debt Placement; AND THAT Council receives the annual repayment limit calculation; AND THAT Council approves the placement of debt for the Rural Connections Broadband capital project in the amount of $200,000 through the County of Oxford for a ten year term at the appropriate interest rate. @ carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: -=10'---Date: December 9, 2013 RESOLUTION NO.: 10 MOVEDBY: ~ SECONDED BY: THAT Council receives report FIN 13-56, Additional Reserve Contribution; AND THAT Council approves the additional estimated 2013 contribution to reserves in the amount of $787,376. D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=11"---Date: December 9, 2013 RESOLUTION NO .: 11 :::::::BY• -~---*------·----_-_-· THAT Council receive Report PRS 13-37, Re-establishing the Pre-need Services Pooled Trust Fund for information; and THAT Council authorize By-Law 3782, to amend By-Law 3639, A By-Law To Define Municipal Trust Funds And To Appoint Trustees To Those Trusts Established By The Corporation Of The Town OfTillsonburg; and THAT Council authorize the creation of a Town ofTillsonburg Cemetery Pre-need Services Pooled Trust Fund at Dec 31, 2013 with a value of $32,015.37 comprised of $10A47.03 funded from the Cemetery Maintenance Trust and $21,568.34 funded from the 2013 Surplus; and THAT no further pre-need services be sold by the Tillson burg Cemetery Division. 5Zf Carried D Recorded Vote D Defeated D Deferred D Tabled ~ .,-Y ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _1=3~ Date: December 9, 2013 RESOLUTION NO.: 12 ___ ... - MOVED BY: SECONDEDBY: --~~~====~-------- THAT Council receive Town Personnel Policy and Report FIN 13-55 ARB Assessment Appeals as information. D Recorded Vote D Defeated D Deferred D Tabled ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _1=-4;___ Date: December 9, 2013 RESOLUTION NO.: MOVED BY: SECONDEDBY: --~-· ·=-·=·==~~===---~--------- THAT the following regular Council Meetings be re-scheduled or cancelled for 2014: Monday, February 24, 2014 is re-scheduled to Thursday, February 27, 2014, due to the annual OGRA/ROMA Conference Monday June 9, 2014 is re-scheduled to Thursday June 12, 2014 due to the annual AMCTO Conference. Monday, July 28, 2014 is cancelled Monday, August 25, 2014 is cancelled Monday, October 13 2014 is re-scheduled to Tuesday, October 14, 2014, due to Thanksgiving Monday October 27, 2014 will be cancelled due to the election, and Monday, December 22, 2014 is cancelled AND THAT this information be forwarded appropriately, including the County of Oxford, MP and MPP, as well as posted on the Town of Tillson burg website and at the Tillson burg Customer Service Centre. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=15=--Date: December 9, 2013 RESOLUTION NO.: MOVED BY: SECONDED BY:------~~-------------- THAT By-Law 3775, To Authorize An Agreement With The Thames Valley District School Board For The Provision Of A Joint Use Agreement With The Town Of Tillson burg For South Ridge Park By-Law 3782, To Amend By-Law 3639, to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillsonburg By-Law 3783, To Confirm the Proceedings of Council at its Meetings Held on the 9th day of December, 2013 be read for a first and second time and this constitutes the first and second reading thereof. 6 Carried D Recorded Vote D Defeated D Deferred D Tabled (V/ _____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _1=5'----Date: December 9, 2013 RESOLUTION NO.: MOVED BY: THAT By-Law 3779, To Adopt a Reserve Policy By-Law 3775, To Authorize An Agreement With The Thames Valley District School Board For The Provision Of A Joint Use Agreement With The Town Of Tillsonburg For South Ridge Park By-Law 3782, To Amend By-Law 3639, to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillsonburg By-Law 3783, To Confirm the Proceedings of Council at its Meetings Held on the 9th day of December, 2013 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~rried D Recorded Vote D Defeated D Deferred D Tabled w:;t ____ Mayor's Initials .. November 26, 2013 Town of Tillsonburg 200 Broadway 2nd Floor Tillsonburg, ON N4G 5A7 Dear Sir or Madam, Office of the City Clerk RE: CITY OF KINGSTON COUNCIL MEETING-NOVEMBER 19,2013 NEW MOTION (4) RECEIVED DCC D 2 2013 I would confirm that Kingston City Council at its regular meeting held on November 19, 2013, approved the following resolution , being New Moti'on (4): · (4) Moved by Mayor Gerretsen Seconded by Deputy Mayor Berg WHEREAS the Ontario Municipal Board (OMB), under member Sylvia Sutherland, rendered a decision on November 08, 2013 to establish Kingston municipal electoral districts to include post-secondary student population estimates; and WHEREAS the OMB is a provincial body that makes decisions on behalf of municipalities with provincial implications; and WHEREAS no municipality with a university or college in Ontario currently uses post-secondary student population estimates when establishing electoral boundaries; and WHEREAS the province of Ontario · does not use post-secondary student population estimates when establishing provincial electoral ridings; and WHEREAS the City of Kingston is now in a position to advocate for this OMB decision to become the standard for how the province of Ontario and all municipalities with colleges and universities across Ontario factor in post- secondary student population estimates in their electoral boundaries; and WHEREAS the OMB decision now sets a new standard for all municipalities in Ontario; and WHEREAS the province of Ontario should adhere to this decision made by the OMB as a provincial body; THEREFORE BE IT RESOLVED THAT the City of Kingston advocate to the Government of Ontario to amend their provincial electoral riding boundaries to reflect the OMB decision rendered in Kingston and call for all municipalities with The Corporation of the City of Kingston 216 Ontario Street, Kingston ON K?L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityofkingston.ca City of Kingston Council Meeting November 19, 2013-New Motion (4) Page 2 colleges and universities to factor in post-secondary student population estimates when establishing electoral boundaries; and THAT a copy of this resolution be distributed to the following: 1. All municipalities in Ontario with post-secondary institutions; 2. The Premier of Ontario; 3. The Ontario Minister of Municipal Affairs and Housing; 4. All Members of Provincial Parliament; 5. The Ontario Municipal Board; 6. The Council of Ontario Universities; and 7. Colleges Ontario CARRIED have any questions or concerns, please do not hesitate to contact me. \ ' rJll(6onbur0 a;luetoidd~~ December 13, 2013 Louise Gartshore City Clerk City of Woodstock P.O. Box 1539 500 Dundas Street Woodstock, ON N4S OA7 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-CAO 13-21, Planning Structure At the Tillsonburg Town Council Meeting of December 9, 2013, Council passed the following resolution: ''THAT the Council of the Town of Tillson burg receives the City of Woodstock resolution regarding delegating approval authority for severance (consent) and subdivision application to area municipal councils as information; AND THAT Council directs the Town Clerk to advise the City of Woodstock that Town Council supports the Council of the City of Woodstock in their request to amend the Planning Act to provide the County with the power to delegate approval authority to Local Area Municipal Councils in the County." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3221. Regards, C2c2-~~ Amber~r, Deputy Clerk Town of Tillsonburg CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G SA 7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca