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180514 Council AGD
Table of Contents Agenda 4 Council Meeting Minutes dated April 23, 2018 180423 Council MIN 17 Application for Minor Variance A-05/18 - Margarita Janzen, 77 Woodland Crescent A-05/18 Report 32 Report Attachments 36 Application A-05/18 39 Application for Minor Variance A-06/18 - 1 Highland Drive A-06/18 Report 43 Report Attachments 47 Application A-06/18 50 Application for Minor Variance A-07/18 - 38 Delevan Crescent A-07/18 Report 54 Report Attachments 59 Application A-07/18 64 Presentation - Downtown Parking and Accessibility Study Presentation 68 Woodlands Conservation By-law - County of Oxford - Public Meeting Woodlands Conservation Bylaw 2018 91 Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area - Appreciation for 2018 Municipal Grant Big Brothers Big Sisters 93 Premier’s Award for Agri-Food Innovation Excellence program Agre-Food Award 94 2018 Champion of Diversity Award- Ministry of Citizenship and Immigration Champion of Diversity Award 95 MYR 18-03, CAO Performance Evaluation 2017 REPORTmayor18-03CAOevaluation2017 96 FIN 18-15, 2018 First Quarter Consolidated Results FIN18-15 2018 First Quarter Consolidated Results 98 FIN18-15 2018 Q1 Results - Consolidated 99 FIN 18-14, 2018 First Quarter Report, Finance Department FIN18-14 2018 First Quarter Finance Department Results 100 FIN18-14 2018 Q1 Results - Finance 102 OPS 18-11, 2018 First Quarter Report, Operations Services OPS 18-11 2018 First Quarter Operations Services 105 OPS 18-11 Attachment 1 - Operating Summaries 108 RCP 18-22, 2018 First Quarter Report, Recreation, Culture and Parks 1 RCP 18-22 - Recreation Culture and Parks 2018 Q1 Results 118 RCP 2018 Q1 Operational Financial Summaries 121 FRS 18-04, 2018 First Quarter Report, Fire Department FRS 18-04 First Quarter 2018 Fire Department Results 128 Financial Plan Summary 132 DCS 18-22, 2018 First Quarter Report, Building, Planning & By- Law Services DCS 18-22 - 2018 First Quarter Building, Planning & By-Law Services 134 Q1 Building Financial Summary 139 Protection Financial Summary 140 DCS 18-23, 2018 First Quarter Report, Economic Development & Marketing Report DCS 18-23 141 2018 Q1 Financial Summary 144 CL 18-15, Community Strategic Plan Update CL 18-15 Community Strategic Plan Update 146 Community Strategic Plan Status Update Chart 151 CL 18-18, Amend Smoking By-Law: Cannabis CL 18-18 Amend Smoking By-Law- Cannabis 161 CL 18-19, Mobile Storage Shelving CLK 18-19 shelving 163 CL 18-19 Mobil Shelves Drawing 167 CL 18-19 3D view 168 DSC 18-19, Appointment of By-Law Enforcement Officer Assistant DSC 18-19 Appointment of By-Law Enforcement Officer Assistant 169 DCS 18-20, Development Committee - Vacant Industrial and Commercial Land Inventory Report DCS 18-20 170 DCS 18-21, Downtown Parking and Accessibility Study Report DCS 18-21 173 Parking and Accessibility Study 177 FIN18-12, 2018 Budgetary Estimates and Tax Rates 2018 Final Tax Levy Report 181 2018 FinalTax Levy By-law 182 OPS 18-12, Connecting Link Program Contribution Agreement OPS 18-12 Connecting Link Program Contribution Agreement 185 OPS 18-12 Connecting Link Contribution Agreement 186 RCP 18-21, Ontario Sport and Recreation Communities Fund Grant 2018-19 RCP 18-21 - Ontario Sport and Recreation Communities Fund Grant 2018-19 230 2018-19 OSRCF Minister Letter 232 2 Grant Application: Personal Training Studio 233 Planning for Non-Therapeutic Cannabis Retail Stores Tillsonburg Cannabis Retail Land Use Options Report 267 Committee Minutes 180213 Fire Strat Planning Committee MIN 277 180417 Parks & Recreation Committee MIN 279 180405 HBC Committee MIN 282 180430 Special Awards MIN 284 180426 Museum Advisory MIN 287 Tillsonburg Police Services Board Minutes dated March 21, 2018 March 2018 - Signed Minutes 291 Tillsonburg Business Improvement Area Board Minutes dated April 18, 2018 180418 BIA MIN 297 Long Point Region Conservation Authority Minutes Long Point Region Conservation Authority Minutes- 180404 301 By-Law 4172, to amend By-Law 3596, to prohibit smoking in certain public places within the Town of Tillsonburg By-Law 4172, To amend By-Law 3596 To Prohibit Smoking in Certain Public Places (include cannabis)309 By-Law 4194 To Provide for the Adoption of Budgetary Estimates, Tax Rates and Penalties for 2018 By-Law 4194 2018 FinalTax Levy By-law 310 By-Law 4195, to appoint a Manager of Finance and a Deputy Treasurer for the Town of Tillsonburg By-Law 4195 Appoint Deputy Treasurer 313 By-Law 4196, to enter into a Connecting Links Funding Agreement By-law 4196 Connecting Link Funding Agreement 314 By-Law 4196 Schedule A Connecting Link Contribution Agreement 315 By-Law 4197, to appoint Spencer McDowell as a By-Law Enforcement Officer 4197 To appoint Spencer McDowell as a By-Law Enforcement Officer 359 By-Law 4198, being a by-law to confirm the proceedings of Council at its meeting held on the 14th day of May 2018. By-Law 4198 Confirm Proceedings 361 3 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, May 14, 2018, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 23, 2018 180423 Council MIN Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of April 23, 2018 be approved. 6. Public Meetings Proposed Resolution #3 Moved By: Seconded By: THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 14, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 4 Council Meeting – Agenda - 2 - 6.1. Application for Minor Variance A-05/18 - Margarita Janzen, 77 Woodland Crescent A-05/18 Report Report Attachments Application A-05/18 Proposed Resolution #4 Moved By: Seconded By: THAT Tillsonburg Committee of Adjustment approve Application File A-05/18, submitted by Simon Wagler Homes Inc. (Margarita and Henry Janzen), for lands described as Part Lot 13, Plan 41M-139, Part 1 Plan 41R-5498 Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 – Zone Provisions (R1) Lot Coverage Maximum, to increase the maximum lot coverage allowance from 33% to 38.9% of lot area; and 2. Relief from Section 6.2 – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard from 12 m (39.3 ft) to 9.2 m (30.2 ft), subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 6.2. Application for Minor Variance A-06/18 - 1 Highland Drive A-06/18 Report Report Attachments Application A-06/18 Proposed Resolution #5 Moved By: Seconded By: THAT Tillsonburg Committee of Adjustment approve Application File A-06/18, submitted by Steve Wilson (Shane Michael Carpani), for lands described as Lot 3, Plan 986, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1) Exterior Side Yard Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.7 ft) to facilitate the construction of a single detached dwelling with an attached garage, subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 5 Council Meeting – Agenda - 3 - 6.3. Application for Minor Variance A-07/18 - 38 Delevan Crescent A-07/18 Report Report Attachments Application A-07/18 Proposed Resolution #6 Moved By: Seconded By: THAT Tillsonburg Committee of Adjustment approve Application File A07-18, submitted by Marty and Erika Carrier, for lands described as Part Lot 538, Plan 500, in the Town of Tillsonburg, municipally known as 38 Delevan Crescent, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard from 3 m (9.8 ft) to 4.6 m (15.1 ft); 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required exterior side yard from 3 m (9.8 ft) to 5.2 m (17.1 ft); 3. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.9 m (9.5 ft); and 4. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.38 m (7.8 ft), subject to the following conditions: 1. That this relief shall only apply to an uncovered deck; and 2. That a building permit for the proposed deck shall be issued within a year of Committee’s decision. Proposed Resolution #7 Moved By: Seconded By: THAT Council move out of the Committee of Adjustment and move back into regular Council session. 6 Council Meeting – Agenda - 4 - 7. Planning Applications 8. Delegations and Presentations 8.1. 2018 Ontario Senior of the Year Award Presentation - Liz Butka Presented by: Mayor Molnar & Councillor Stephenson 8.2. Presentation - Downtown Parking and Accessibility Study Presentation Proposed Resolution #8 Moved By: Seconded By: THAT Council receives the Downtown Parking and Accessibility Study presentation, as information. 9. Committee Reports & Presentations 10. Information Items 10.1. Woodlands Conservation By-law - County of Oxford - Public Meeting Woodlands Conservation Bylaw 2018 10.2. Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area - Appreciation for 2018 Municipal Grant Big Brothers Big Sisters 10.3. Premier’s Award for Agri-Food Innovation Excellence program Agre-Food Award 10.4. 2018 Champion of Diversity Award- Ministry of Citizenship and Immigration Champion of Diversity Award Proposed Resolution #9 Moved By: Seconded By: THAT Council receives Agenda Items 10.1, 10.2, 10.3 and 10.4, as information. 7 Council Meeting – Agenda - 5 - 11. Mayor 11.1. MYR 18-03, CAO Performance Evaluation 2017 REPORTmayor18-03CAOevaluation2017 Proposed Resolution #10 Moved By: Seconded By: THAT Council receives MYR 18-03, CAO Performance Evaluation 2017, as Information; AND THAT Council establishes and appoints a CAO Performance Review Committee; AND THAT Council appoints Mayor Molnar and ______________ and _______________ to the CAO Performance Review Committee; AND FURTHER THAT Council approves the proposed 2017 CAO Performance Evaluation Process as outlined in MYR 18-03. 12. Quarterly Reports 12.1. FIN 18-15, 2018 First Quarter Consolidated Results FIN18-15 2018 First Quarter Consolidated Results FIN18-15 2018 Q1 Results - Consolidated Proposed Resolution #11 Moved By: Seconded By: THAT Council receives FIN 18-15, 2018 First Quarter Consolidated Results, as information. 12.2. FIN 18-14, 2018 First Quarter Report, Finance Department FIN18-14 2018 First Quarter Finance Department Results FIN18-14 2018 Q1 Results - Finance Proposed Resolution #12 Moved By: Seconded By: THAT Council receives FIN 18-14, 2018 First Quarter Report, Finance Department, as information. 12.3. OPS 18-11, 2018 First Quarter Report, Operations Services OPS 18-11 2018 First Quarter Operations Services 8 Council Meeting – Agenda - 6 - OPS 18-11 Attachment 1 - Operating Summaries Proposed Resolution #13 Moved By: Seconded By: THAT Council receives OPS 18-11, 2018 First Quarter Report, Operations Services, as information. 12.4. RCP 18-22, 2018 First Quarter Report, Recreation, Culture and Parks RCP 18-22 - Recreation Culture and Parks 2018 Q1 Results RCP 2018 Q1 Operational Financial Summaries Proposed Resolution #14 Moved By: Seconded By: THAT Council receives RCP 18-22, 2018 First Quarter Report, Recreation, Culture and Parks, as information. 12.5. FRS 18-04, 2018 First Quarter Report, Fire Department FRS 18-04 First Quarter 2018 Fire Department Results Financial Plan Summary Proposed Resolution #15 Moved By: Seconded By: THAT Council receives FRS 18-04, 2018 First Quarter Report, Fire Department, as information. 12.6. DCS 18-22, 2018 First Quarter Report, Building, Planning & By-Law Services DCS 18-22 - 2018 First Quarter Building, Planning & By-Law Services Q1 Building Financial Summary Protection Financial Summary Proposed Resolution #16 Moved By: Seconded By: THAT Council receives DCS 18-22, 2018 First Quarter Report, Building, Planning & By-Law Services, as information. 12.7. DCS 18-23, 2018 First Quarter Report, Economic Development & Marketing Report DCS 18-23 9 Council Meeting – Agenda - 7 - 2018 Q1 Financial Summary Proposed Resolution #17 Moved By: Seconded By: THAT Council receives DCS 18-23, 2018 First Quarter Report, Economic Development & Marketing, as information. 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.2.1. CL 18-15, Community Strategic Plan Update CL 18-15 Community Strategic Plan Update Community Strategic Plan Status Update Chart Proposed Resolution #18 Moved By: Seconded By: THAT Council receives Report CL 18-15, Community Strategic Plan Update, as information. 13.2.2. CL 18-18, Amend Smoking By-Law: Cannabis CL 18-18 Amend Smoking By-Law- Cannabis Proposed Resolution #19 Moved By: Seconded By: THAT Council receives Report CL 18-12, Amend Smoking By-Law: Cannabis; AND THAT an amending By-Law be brought forward for Council consideration. 13.2.3. CL 18-19, Mobile Storage Shelving CLK 18-19 shelving CL 18-19 Mobil Shelves Drawing CL 18-19 3D view Proposed Resolution #20 Moved By: Seconded By: THAT Council receives Report CL 18-19, Mobile Storage Shelving; AND THAT Council authorizes the additional expenditure for the Mobile Storage Shelving Project to come from the IT reserve fund; 10 Council Meeting – Agenda - 8 - AND THAT Council awards the project to Ronan Systems Ltd. at the cost of $29,190.00 plus HST. 13.3. Development and Communication Services 13.3.1. DSC 18-19, Appointment of By-Law Enforcement Officer Assistant DSC 18-19 Appointment of By-Law Enforcement Officer Assistant Proposed Resolution #21 Moved By: Seconded By: THAT Council receives Report DSC 18-19, Appointment of By-Law Enforcement Officer Assistant, as information; AND THAT a By-Law to appoint Spencer McDowell as a By-Law Enforcement Officer for the Town of Tillsonburg be brought forward for Council consideration. 13.3.2. DCS 18-20, Development Committee - Vacant Industrial and Commercial Land Inventory Report DCS 18-20 Proposed Resolution #22 Moved By: Seconded By: THAT Council receives Report DCS 18-20 Development Committee - Vacant Industrial and Commercial Land Inventory; AND THAT Report DCS 18-20 Development Committee - Vacant Industrial and Commercial Land Inventory be forwarded to the County of Oxford Planning Department as part of their Vacant Industrial and Commercial Land Inventory update; AND THAT Council requests that the industrial properties identified in Report DCS 18-20 be removed from the inventory. 13.3.3. DCS 18-21, Downtown Parking and Accessibility Study Report DCS 18-21 Parking and Accessibility Study Proposed Resolution #23 Moved By: Seconded By: 11 Council Meeting – Agenda - 9 - THAT Council receives Report DCS 18-21, Downtown Parking and Accessibility Study; AND THAT Downtown Parking and Accessibility Study be approved in principle to guide future parking needs, including potential redevelopment of municipal parking lots, improvements around the Town Centre Mall, accessible parking spaces, and electric vehicle charging stations. 13.4. Finance 13.4.1. FIN18-12, 2018 Budgetary Estimates and Tax Rates 2018 Final Tax Levy Report 2018 FinalTax Levy By-law Proposed Resolution #24 Moved By: Seconded By: THAT Council receives Report FIN18-12 2018, Budgetary Estimates and Tax Rates; AND THAT By-Law 4194, to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2018, be brought forward for Council consideration. 13.4.2. FIN18-13, Bank Signing Authorities Proposed Resolution #25 Moved By: Seconded By: THAT Council receives Report FIN18-13, Bank Signing Authorities; AND THAT Council appoints the following as designated signing authorities for the Town’s general banking needs: - Mayor Stephen Molnar or Deputy Mayor Dave Beres; and - Director of Finance/Treasurer, Dave Rushton or Manager of Finance/Deputy Treasurer, Sheena Hinkley. 13.5. Fire and Emergency Services 12 Council Meeting – Agenda - 10 - 13.6. Operations 13.6.1. OPS 18-12, Connecting Link Program Contribution Agreement OPS 18-12 Connecting Link Program Contribution Agreement OPS 18-12 Connecting Link Contribution Agreement Proposed Resolution #26 Moved By: Seconded By: THAT Council receives Report OPS 18-12, Connecting Link Program Contribution Agreement; AND THAT a By-law authorizing the Mayor and Clerk to execute the Connecting Link Contribution Agreement with the Province of Ontario be brought forward for Council consideration. 13.7. Recreation, Culture & Park Services 13.7.1. RCP 18-21, Ontario Sport and Recreation Communities Fund Grant 2018-19 RCP 18-21 - Ontario Sport and Recreation Communities Fund Grant 2018-19 2018-19 OSRCF Minister Letter Grant Application: Personal Training Studio Proposed Resolution #27 Moved By: Seconded By: THAT Report RCP 18-21, Ontario Sport and Recreation Communities Fund Grant 2018-19 be received; AND THAT the Mayor and Clerk be and are hereby authorized to sign the documents required by the Province of Ontario to secure the approved grant funding of $58,472; AND THAT Town Council approve the spending and development required to execute the grant’s intention. 14. Unfinished Business 15. Staff Information Reports 15.1. Planning for Non-Therapeutic Cannabis Retail Stores Tillsonburg Cannabis Retail Land Use Options Report Proposed Resolution #28 13 Council Meeting – Agenda - 11 - Moved By: Seconded By: THAT Council receives Planning Report No: CP 2018-123 as information; AND THAT Town staff and Planning staff be directed to monitor the release of final implementation and regulation details by the Province affecting cannabis retail stores and report to Council on a recommended approach to siting new cannabis retail stores in the Town of Tillsonburg; AND THAT a copy of Planning Report No: CP 2018 123 be provided to the Tillsonburg Police Services Board, Downtown Tillsonburg BIA and Chamber of Commerce for review and consideration regarding the potential siting of a cannabis retail store within the Town of Tillsonburg. 16. Committee Minutes & Reports 16.1. Committee Minutes 180213 Fire Strat Planning Committee MIN 180417 Parks & Recreation Committee MIN 180405 HBC Committee MIN 180430 Special Awards MIN 180426 Museum Advisory MIN Proposed Resolution #29 Moved By: Seconded By: THAT Council receives the Fire Strategic Planning Committee Minutes dated February 13, 2018; the Parks and Recreation Advisory Committee Minutes dated April 17, 2018; the Heritage, Beautification & Cemetery Committee Minutes dated April 5, 2018; the Special Awards Committee Minutes dated April 30, 2018; and the Museum Advisory Committee Minutes dated April 26, 2018, as information. 16.2. Tillsonburg Police Services Board Minutes dated March 21, 2018 March 2018 - Signed Minutes Proposed Resolution #30 Moved By: Seconded By: THAT Council receives the Tillsonburg Police Services Board Minutes dated March 21, 2018, as information. 14 Council Meeting – Agenda - 12 - 16.3. Tillsonburg Business Improvement Area Board Minutes dated April 18, 2018 180418 BIA MIN Proposed Resolution #31 Moved By: Seconded By: THAT Council receives the Minutes of the Tillsonburg B.I.A. Board dated April 18, 2018, as information. 16.4. Long Point Region Conservation Authority Minutes Long Point Region Conservation Authority Minutes- 180404 Proposed Resolution #32 Moved By: Seconded By: THAT Council receives the Long Point Region Conservation Authority Minutes dated April 4, 2018, as information. 17. Notice of Motions 18. Resolutions 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Monday, May 14, 2018 20.1. Proposed Resolution #33 Moved By: Seconded By: THAT By-Law 4172, to amend By-Law 3596, to prohibit smoking in certain public places within the Town of Tillsonburg (to include cannabis); By-Law 4194, to provide for the Adoption of Budgetary Estimates, Tax Rates and Penalties for 2018; By-Law 4195, to appoint a Manager of Finance and a Deputy Treasurer for the Town of Tillsonburg; By-Law 4196, to enter into a Connecting Links Funding Agreement Schedule A Connecting Link Contribution Agreement; and 15 Council Meeting – Agenda - 13 - By-Law 4197, to appoint Spencer McDowell as a By-Law Enforcement Officer be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.2. Proposed Resolution #34 THAT By-Law 4198, to confirm the proceedings of Council at its meeting held on the 14th day of May, 2018, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21. Items of Public Interest 22. Adjournment Proposed Resolution #35 Moved By: Seconded By: THAT the Council Meeting of Monday, May 14, 2018 be adjourned at _____ p.m. 16 00= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Max Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Laura Pickersgill, Legislative Services Coordinator 1. Call to Order The meeting was called to order at 6:00pm. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, April 23, 2018, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, April 23, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 17 180423 Council MIN - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 9, 2018. 180409 Council MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of April 9, 2018, be approved. Carried 6. Delegations and Presentations 6.1. Volunteer of the Month Award Presented to: Christine Nagy Councillor Stephenson and Matthew Scholtz presented the April volunteer of the month award to Christine Nagy. 6.2. Community Consultation Campaign & Preferred Waste Technology Approach Presented by: David Simpson, Director of Public Works, Oxford County David Simpson Delegation Request Form Tillsonburg_WRRT Presentation Apr 23 2018_David Simpson David Simpson, Director of Public Works- Oxford County, presented the zero waste initiative to encourage an extended lifeline of the Salford landfill. Council was given the opportunity to ask questions. Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Community Consultation Campaign & Preferred Waste Technology Approach, as information. Carried 18 180423 Council MIN - 3 - 6.3. JL Scott McLean Outdoor Recreational Pad Update Presented by: Jane Ann McLean, Co-chair and Geoff Cork, Committee Member Jane McLean Walter Kleer Delegation Request Form Jane Ann McLean and Geoff Cork presented the progress and revised budget on the JL Scott McLean Outdoor Recreational ice pad. Design, location and safety concerns were discussed. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the JL Scott McLean Outdoor Recreational Pad Update, as information; AND THAT the matter be referred to staff for review and a staff report provided at a future Council meeting. Carried 6.4. Tillsonburg Mini Pad Presented by: Mike Bale, Craig Nesplic and Bryan Granger, representing Tillsonburg Minor Hockey Inc. Mini Pad Mike Bale Delegation Request Form Tillsonburg Mini Pad Mike Bale, Craig Nesplic and Bryan Granger presented information and revenue regarding the current usage of the mini pad. The presentation included recommendations of ways to promote the pad and increase usage and revenue. Resolution #5 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the delegation regarding the Tillsonburg Mini Pad, as information; AND THAT the information provided be referred to deliberations on Report RCP 19 180423 Council MIN - 4 - 18-16, Slapshot Pad Conversion Alternatives. Carried 6.5. Dave Johnson Memorial Dog Park Update Presented by: Peter Luciani, Chair & Tyler Coghill Co-Chair, Dog Park Committee Peter Luciani Delegation Request Form Peter Luciani and Tyler Coghill provided an update on the Dave Johnson Memorial Dog Park. Thomson TA Electrical Contractors, Kirwin and Oatman Excavating, East Elgin Concrete Forming, 3E Power and Stevens Irrigation have generously donated their labour and materials to provide water and lighting at the dog park. Staff to bring a report back on the financial impacts to the Town to maintain electricity and water at the park. Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Dave Johnson Memorial Dog Park Update, as information; AND THAT a staff report regarding the proposal be brought back for council consideration. Carried 7. Committee Reports & Presentations 7.1. Fire Strategic Plan Committee Update Presented by: Shane Curtis Shane Curtis, Chair of the Fire Strategic Plan Committee presented updates on the workings of the Fire Strategic Planning Committee. A survey will be available for residents to complete to ensure public engagement for the fire strategic plan. 20 180423 Council MIN - 5 - Resolution #7 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the Fire Strategic Plan Committee Update, as information. Carried 7.2. CL18-17, 2018 Ontario Senior of the Year Nomination 7.2.1. CL 18-17 2018 Ontario Senior of the Year Nomination Resolution #8 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report CL 18-17, 2018 Ontario Senior of the Year Nomination; AND THAT Council supports the recommendations of the Special Awards Committee; AND FURTHER THAT Liz Butka be selected as the Town of Tillsonburg's nominee for the 2018 Ontario Senior of the Year award. Carried 8. Public Meetings 8.1. Application for Zone Change - ZN 7-17-14 - D.Y. Mechanical Contracting Limited, 60 Washington Grand Avenue ZN 7-17-14 Report Report Attachments Application ZN 7-17-14 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report No. CP 2018-100, Application of Zone Change ZN 7-17-14. If the application is approved, a by-law will be brought forward. Opportunity was given for Council to ask questions. 21 180423 Council MIN - 6 - The applicant, Dave Gallop of D.Y. Mechanical Contracting Limited, was in attendance and spoke in favour of the application. No other persons appeared in support of or in opposition to the application. Council passed the following resolution. Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council approves the zone change application submitted by D.Y. Mechanical Contracting Limited, whereby the lands described as Lot 790, Plan 500, Town of Tillsonburg, known municipally as 60 Washington Grand Avenue, to amend the provisions of the ‘EC-R6’ Zone to permit an additional dwelling unit in a multiple unit dwelling. Carried 8.2. Application for Zone Change - ZN 7-18-03 - 2385667 Ontario Limited - Oxnard Developments ZN 7-18-02_Report Report Attachments Application ZN 7-18-03 Applicant's Submission Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report No. 2018-99, Application of Zone Change ZN 7- 18-02. If the application is approved, a by-law will be brought forward. Opportunity was given for Council to ask questions. The applicant’s agent, John Vallee, GD Vallee spoke in favour of the application. No other persons appeared in support of or in opposition to the application. Council passed the following resolution. 22 180423 Council MIN - 7 - Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council approves the zone change application submitted by Oxnard Developments, whereby the lands described as Blocks 6,7 & 9, Plan 41M-272, Town of Tillsonburg, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-16H)’. Carried 9. Planning Applications 10. Information Items 10.1. Oxford Invitational Youth Robotics Challenge Letter-Oxford_Youth_Robotics_Challenge 10.2. Law Enforcement Torch Run for Special Olympics - Saturday, May 12, 2018 Law Enforcement Torch Run Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the letter of appreciation dated April 5, 2018 from the Oxford Invitational Youth Robotics Challenge, and the invitation to the Law Enforcement Torch Run for Special Olympics, as information. Carried 11. Mayor 11.1. MYR 18-02, Update - County of Oxford MAYORreportCOOXapr2018 Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report MYR 18-02 as information. Carried 23 180423 Council MIN - 8 - 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-05, Request for Proposals - Community Transportation – T:GO Operations – RFP2018-001 Request for Proposals - Community Transportation - T:GO Operations - RFP2018-001 Transit RFP Transit Schedule Transit Map Report CAO 18-02 Resolution #13 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CAO 18-05, Community Transportation Request for Proposals – T:GO Operations; AND THAT Tillsonburg Town Council authorizes the release of a Request for Proposals (RFP2018-001) for the purposes of seeking submissions for the operation of T:GO beyond March 31, 2018. Carried 13.1.2. CAO 18-06, Transit Governance Models Transit Governance Models Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CAO 18-06, Transit Governance Models for information; 24 180423 Council MIN - 9 - AND THAT the CAO report back regarding a Transit Governance model when Council considers the awarding of RFP 2018-001, Transit Services. Carried 13.2. Clerk’s Office 13.2.1. CL 18-16, Committee Appointment CL 18-16 Committee Appointments Recommendation Letter BIA By-Law 3901 To appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby established by the Town of Tillsonburg By-Law 4192 Committee Appointment BIA Lori Arnold- Resignation Letter John Kirkland- Resignation Letter Resolution #15 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CL 18-16, Committee Appointment; AND THAT Marcel Rosehart and Mark Tedesco, be appointed as Directors to the BIA Board of Management; AND THAT John Kirkland and Lori Arnold be removed as Directors to the BIA Board of Management; AND FURTHER THAT a By-law, be brought forward for council consideration. Carried 13.3. Development and Communication Services 13.3.1. DCS 18-16, Surplus Land Declaration – Brookside Lane Report DCS 18-16 25 180423 Council MIN - 10 - Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report DCS 18-16, Surplus Land Declaration – Brookside Lane; AND THAT the public road, described as part of Part 4, Plan 218 (West end of Brookside Lane at Quarter Town Line), be closed; AND THAT the property, described as part of Part 4, Plan 218, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy. Carried 13.3.2. DCS 18-18, Inactive Building Permit & Design Criteria By-Law Deposits DCS 18-18 - Inactive Building Permit & Design Criteria By-Law Deposits DCS 18-13 - Outstanding New Home Construction Deposits Inactive Design Criteria By-Law Deposit Policy Resolution #17 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report DCS 18-18, Inactive Building Permit & Design Criteria By-Law Deposits as information; AND THAT Council approves the Inactive Design Criteria By-Law Deposit Policy. Carried 13.4. Finance 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-10, Comprehensive Sidewalk Review OPS 18-10 Comprehensive Sidewalk Review OPS 18-10 Attachment 1 - Sidewalk Connectivity Plan OPS 18-10 Attachment 2 - Sidewalk Classification Map 26 180423 Council MIN - 11 - OPS 18-10 Attachment 3 - By-law 2189 Kevin Deleebeeck, Director of Operations and Dan Locke, Manager of Public Works presented an overview of the comprehensive sidewalk review. Council were given the opportunity to ask questions. Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report OPS 18-10 Comprehensive Sidewalk Review; AND THAT Council adopts the Sidewalk Connectivity Plan within the Town Asset Management Plan with the associated capital program brought forward as part of future budget deliberations; AND THAT staff incorporate the sidewalk classification system and winter servicing levels into a Winter Maintenance Level of Service Policy for Council consideration; AND FURTHER THAT staff update By-law 2189 for Council consideration. Carried 13.7. Recreation, Culture & Park Services 13.7.1. RCP 18-16, Slapshot Pad Conversion Alternatives RCP 18-16 - Slapshot Pad Conversion Alternatives Resolution #19 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 18-16, Slapshot Pad Conversion Alternatives, for information; AND THAT Council directs staff to implement option 3 as outlined in this report. Carried 27 180423 Council MIN - 12 - 14. Unfinished Business 14.1. RCP 18-20, LLWP Slide Options The motion on the floor was tabled in order to move the following motion. Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council suspends Section 6.14 of procedural by-law 4173, to allow the meeting to be extended past the time of 10:30 p.m. Carried The following motion was placed back on the floor. Resolution Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 18-20 – LLWP Slide Options; AND THAT staff proceed with waterslide tower rehabilitation including replacing the lower stair riser in order to have a safe and TSSA certified waterslide ready for the 2018 summer season. Carried 15. Staff Information Reports 15.1. RCP 18-19, January-March 2018 RCP Departmental Activity Reports RCP 18-19 - January-March 2018 RCP Departmental Activity Reports RCP 18-19 - ATT 01 - Jan-Mar Activity - Rec Programs and Services RCP 18-19 - ATT 02 - Jan-Mar 2018 Activity - Culture and Heritage RCP 18-19 - ATT 03 - Jan-Mar 2018 Activity - Parks and Facilities Resolution #20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 18-19, January-March 2018 RCP Departmental Activity Reports for information. Carried 28 180423 Council MIN - 13 - 16. Committee Minutes & Reports 16.1. Committee Minutes 180313 Development Committee MIN 180405 Heritage, Beautification, & Cemetery Committee MIN 180409 Memorial Park Rev MIN 180410 Special Awards Committee MIN Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Development Committee minutes dated March 13, 2018, the Heritage, Beautification, & Cemetery Committee minutes dated April 5, 2018, the Memorial Park Revitalization Park Committee minutes dated April 9, 2018 and the Special Awards Committee minutes dated April 10, 2018, as information. Carried 16.2. Tillsonburg Business Improvement Area Board Minutes dated March 22, 2018 and AGM Minutes dated March 27, 2018 180322 BIA MIN BIA AGM Minutes 2018 - f Resolution #22 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Tillsonburg Business Improvement Area Board Minutes dated March 22, 2018, and AGM Minutes dated March 27, 2018, as information. Carried 16.3. Long Point Region Conservation Authority Board of Directors Annual AGM Minutes dated February 23, 2018 FA Minutes AGM 02 23 2018 - signed 29 180423 Council MIN - 14 - Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Essseltine THAT Council receives the Long Point Region Conservation Authority Board of Directors AGM Minutes dated February 23, 2018, as information. Carried 17. Notice of Motions 18. Resolutions 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Monday, April 23, 2018 20.1. Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT By-Law 4189, to amend Zoning By-Law 3295 (ZN 7-17-14), and By-Law 4191, to amend Zoning By-Law 3295 (ZN 7-18-03); and By-Law 4192, to amend By-Law 3901, to appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20.2. Resolution #25 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT By-Law 4193, to Confirm the Proceedings of the Council Meeting held on April 23, 2018, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 30 180423 Council MIN - 15 - 21. Items of Public Interest Peg Hogarth has been selected as the 2018 Tillsonburg Citizen of the Year. The recognition event will take place on May 29, 2018 with details to follow. Garden planters will be placed on Broadway this year due to donations from community groups. May 15, 2018 is the 12th Annual Garden Auction at the Lion’s Auditorium, Tillsonburg Community Centre. Everyone is welcome. Ride and Stride fund raiser for the Cancer society is at the Community Centre this Sunday, April 29, 2018 from 1:00 - 3:00 p.m. Read more: http://www.cancer.ca/en/events/on/great-ride-n-stride/great-ride-n- stride-in-tillsonburg/?region=on#ixzz5DYQx5P46 Street light replacement is underway currently within the Town. 22. Adjournment Resolution #26 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, April 23, 2018 be adjourned at 10:51 p.m. Carried 31 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-05/18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: May 14, 2018 REPORT NUMBER: 2018-102 OWNER: Margarita and Henry Janzen 54223 Eden Line, RR4 Aylmer ON, N0J 1H0 APPLICANT: Simon Wagler Homes Inc. 52489 Glencoline Line, RR4 Aylmer ON, N5H 2R3 REQUESTED VARIANCES: 1. Relief from Section 6.2 – Zone Provisions (R1) Lot Coverage Maximum, to increase the maximum lot coverage allowance from 33% to 38.9% of lot area, and; 2. Relief from Section 6.2 – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard from 12 m (39.3 ft) to 9.2 m (30.2 ft). LOCATION: The subject property is described as Part Lot 13, Plan 41M-139 and Part 1, Plan 41R-5498 in the Town of Tillsonburg. The property is located on the north side of Woodland Crescent, west of Quarter Town Line and is municipally known as 77 Woodland Crescent. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1) 32 File Number: A-05/18 Report Number 2018-102 Page 2 SURROUNDING USES: Low density residential uses to the north, south and west, with an alley and a vacant ‘Neighbourhood Commercial Zone (NC)’ property to the east. COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provisions of the Town Zoning By-law to facilitate the construction of a one storey single detached dwelling with an attached garage and a residential accessory building. The proposed dwelling will be approximately 235.74 m2 (2,537.5 ft2) in size and the proposed accessory building (a shed) will be approximately 14.86 m2 (160 ft2) in size. The subject property is approximately 644.4 m2 (6,936.3 ft2) in area, with approximately 18 m (59 ft) of frontage along Woodland Crescent and an approximate depth of 35.8 m (117.45 ft). Plate 1, Location Map (with Existing Zoning and Parcel Lines), shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the vacant subject lands. Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the proposed single detached dwelling and accessory building. (b) Agency Comments: The application was circulated to a number of public agencies. No comments were received. (c) Public Consultation: Public Notice was mailed to surrounding property owners on April 27, 2018. To date no comments or concerns have been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the County Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory building conforms to the Low Density Residential policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits a single detached dwelling. The ‘R1’ zone also permits a maximum total lot coverage of 33% (including accessory buildings/structures), and a minimum rear yard depth of 12 m (39.3 ft). In this instance, the applicant is proposing a total lot coverage of 38.9% to permit a one storey dwelling with an attached garage approximately 235.74 m2 (2,537.48 ft2) in size, with a 33 File Number: A-05/18 Report Number 2018-102 Page 3 residential accessory building approximately 14.86 m2 (160 ft2) in size. To further accommodate the proposed dwelling, the applicant has also requested a reduction to the required rear yard depth from 12 m (39.3 ft) to 9.2 m (30.18 ft). The purpose of the lot coverage provision is to limit the extent of buildings/structures on a lot to ensure sufficient area is maintained for parking and private amenity space, as well as ensuring sufficient space is available for general maintenance and lot drainage. The lot coverage provision also ensures that the general scale of development is consistent and appropriate for the size of the lot. The intent of the rear yard depth provision is to ensure that single detached dwellings maintain adequate setbacks to provide a buffer between neighbouring properties, and establishes space for recreation and amenity purposes and proper area for drainage. In this case, staff are satisfied that sufficient area can be maintained on the subject lands to accommodate for parking and private amenity space and it is not anticipated that the proposed variances will have a negative impact on lot grading or drainage. A preliminary lot grading plan will be reviewed as part of the building permit process to ensure the proposal will have no negative impacts on neighbouring properties. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate parking and amenity space, or negatively impact drainage, the requested relief can be considered minor. Sufficient separation will also be provided from property lines to allow for normal building maintenance and access. The applicant’s request can also be considered desirable as it will facilitate the construction of a single detached dwelling that is consistent with existing development in the area. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the County Official Plan and Town Zoning By-law and can be given favourable consideration. 34 File Number: A-05/18 Report Number 2018-102 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-05/18, submitted by Simon Wagler Homes Inc. (Margarita and Henry Janzen), for lands described as Part Lot 13, Plan 41M-139, Part 1 Plan 41R-5498 Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 – Zone Provisions (R1) Lot Coverage Maximum, to increase the maximum lot coverage allowance from 33% to 38.9% of lot area, and; 2. Relief from Section 6.2 – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard from 12 m (39.3 ft) to 9.2 m (30.2 ft). Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner 35 April 6, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 36 April 6, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 640 Notes NAD_1983_UTM_Zone_17N 32 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 37 38 39 40 41 42 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-06/18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: May 14, 2018 REPORT NUMBER: 2018-129 OWNER: Shane Michael Carpani 1 Highland Drive, Tillsonburg ON N4G 2E8 APPLICANT: Steve Wilson Brierwood Contracting Ltd 144 Juno Crescent, Woodstock ON N4T 0H6 REQUESTED VARIANCE: 1. Relief from Section 6.2, – Zone Provisions (R1), Exterior Side Yard Minimum Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.8 ft) to facilitate the construction of a single detached dwelling on the subject lands. LOCATION: The subject property is described as Lot 3, Plan 986 in the Town of Tillsonburg. The subject lands are located on the southwest corner of Highland Drive and Hillyndale Road, west of Potters Road. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1) Regulatory Flood/Fill Line 43 File Number: A-06/18 Report Number 2018-129 Page 2 SURROUNDING USES: Low density residential development to the north, east and south, with ‘Open Space Zone (OS)’ lands to the west (Cadman Park). COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted provision of the Town Zoning By-law to facilitate the construction of a single detached dwelling, with an attached garage. The subject lands are approximately 986.7 m2 (10,620.7 ft2) in area, and are currently vacant. The subject lands are located on the southwest corner of Highland Drive and Hillyndale Road and surrounding land uses are predominately low density residential, and Cadman Park to the west. Plate 1, Location Map with Existing Zoning with Parcel Lines, shows the location of the subject property and the zoning in the immediate vicinity, including the location of the Regulated Flood/Fill Line. Plate 2, 2015 Aerial Photo, provides an aerial view of the vacant subject lands. Plate 3, Applicant’s Site Sketch, shows the location and setbacks of the proposed dwelling on the subject lands. (b) Agency Comments: The application was circulated to a number of public agencies. The Long Point Region Conservation Authority has commented that they have no concerns with the proposed variance, but that any development on the subject lands will require a permit from their office. The Town of Tillsonburg Engineering Department has commented that new water and sanitary services were installed in 2017 as part of the reconstruction of Highland Road. The Town of Tillsonburg Chief Building Official has indicated that they have no comments or concerns. (c) Public Consultation: Public Notice was mailed to surrounding property owners on April 11, 2018. To date no comments of concern have been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the County of Oxford Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling with an attached garage conforms to the Low Density Residential policies of the Official Plan. 44 File Number: A-06/18 Report Number 2018-129 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law, which permits a single detached dwelling and establishes minimum setback requirements for development, including a minimum exterior side yard width of 7.5 m (24.6 ft). The purpose of the exterior side yard requirement is to ensure that dwellings are sufficiently setback from the street line to ensure sightlines and typical road maintenance efforts remain unimpeded, and to ensure that traffic and pedestrian safety is unaffected by the presence of a dwelling. Town Engineering staff have indicated that they have no concerns with the proposal and the proposed dwelling is not anticipated to have negative impacts on sightlines for vehicle and pedestrian traffic, or road maintenance efforts. Further, the proposal appears to comply with all other development standards in the Zoning By-law and the Long Point Region Conservation Authority has indicated that they have no concerns with the application. Given this, staff are satisfied that the proposal is in keeping with the general purpose and intent of the Town Zoning By-law. (f) Desirable Development/Use: The applicant is proposing to reduce the required exterior side yard width by 3 m (9.8 ft) to facilitate the construction of a single detached dwelling with an attached garage. It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to have an adverse effect on traffic safety or adjacent neighbouring properties, staff are satisfied that the applicant’s request is appropriate in this instance. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the County Official Plan and Town Zoning By-law and should be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-06/18, submitted by Steve Wilson (Shane Michael Carpani), for lands described as Lot 3, Plan 986, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1) Exterior Side Yard Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.7 ft) to facilitate the construction of a single detached dwelling with an attached garage. Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 45 File Number: A-06/18 Report Number 2018-129 Page 4 As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner 46 May 7, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 47 May 7, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 48 49 000410264 A06-18 50 51 52 53 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A07-18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: May 14, 2018 REPORT NUMBER: 2018-130 OWNERS: Marty and Erika Carrier 38 Delevan Crescent, Tillsonburg ON, N4G 3M8 REQUESTED VARIANCES: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard and exterior side yard from 3 m (9.8 ft) to 6.4 m (21.16 ft) 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front and exterior lot line from 3 m (9.8 ft) to 1.05 m (3.4 ft). LOCATION: The subject property is described as Part Lot 538, Plan 500, in the Town of Tillsonburg. The lands are located on the southeast corner of Delevan Crescent and Third Street and are municipally known as 38 Delevan Crescent. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSONBURG LAND USE PLAN ‘T-1’: Residential TOWN OF TILLSONBURG RESIDENTIAL DENSITY PLAN ‘T-2’: Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Residential Type 1 Zone (R1) SURROUNDING USES: Predominantly low density residential uses consisting of single detached dwellings, with Lake Lisgar to the west. 54 File Number: A07-18 Report Number 2018-130 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provisions of the Town Zoning By-law to facilitate the construction of an uncovered deck onto an existing a single detached dwelling. The subject property is approximately 512.92 m2 (5,521 ft2) in area and contains a single detached dwelling with attached carport, as well as an accessory structure (detached garage). An existing concrete porch is present on the front of dwelling and is located 2.9 m (9.5 ft) from the front lot line on Delevan Crescent. The applicant proposes to construct the deck in place of the concrete porch. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands and lands in the immediate vicinity. Plate 3, Applicant’s Sketch, shows the proposed deck in relation to the lot lines and existing structures on the subject lands. (b) Agency Comments: The Town of Tillsonburg Engineering Services Department, and the County of Oxford Public Works Department have indicated that they had no comments or concerns with the proposal. The Town Building Services Department commented that they have concerns related to additional encroachment in the front yard related to sight triangle visibility in addition to potential for future complications related to road allowance and servicing improvements. Building services further commented that they recommend the variance be amended and considered for a 2.90 m (9.5 ft) setback which could be obtained by angling the corner of the deck. It was also noted that there are available options to facilitate a deck within the rear yard of the subject lands. (c) Public Consultation: Public Notice was mailed to surrounding property owners In accordance with the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the County Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory structures thereto conforms to the Low Density Residential policies of the Official Plan. 55 File Number: A07-18 Report Number 2018-130 Page 3 Further, the Official Plan (Section 10.3.6) states that the Committee of Adjustment shall take into account the following points when considering an application for minor variance: • The objectives and policies of the Official Plan can be met if the minor variance is granted; • The request for variance constitutes a minor departure from the performance standards of the zoning by-law; • The general intent of the zoning by-law can be met; and • Whether the variance is desirable for the appropriate development of the land. In determining whether a variance is desirable, the Official Plan provides that the following factors be considered: • Whether there are constraints and/or restrictions due to physical or inherent conditions of the site; • Whether alternative designs of the proposals are clearly not feasible or appropriate; • Whether approval would create an undesirable precedent; • Concerns of adjacent owners and residents, and community in general; and, • Whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. In the case of the proposed development, the use of the lands for residential purposes is permitted. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ according to the Town’s Zoning By-law, which permits single detached dwellings. The ‘R1’ zone also requires a minimum front yard depth of 7.5 m (24.6 ft). Table 5.37.1 also permits certain structures, such as uncovered decks, to project 3.0 m (9.8 ft) into the required front and exterior side yard, but also requires a minimum 3.0 m (9.8 ft) setback between the projection and front or exterior lot line. The purpose of the front yard depth and exterior side yard width is to ensure single detached dwellings maintain sufficient setback from the street, and adequate space for off-street parking, amenity area, sight lines and proper drainage is provided. The purpose of permitting structures, such as uncovered decks, to project into the required front yard depth is to recognize that such structures are typically are smaller in scale and size than the single detached dwelling. As such, these types of structures are allowed to project into required yards, subject to remaining 3.0 m (9.8 ft) from the front or exterior lot line. In this instance, the dwelling (circa 1945) is located 2.90 m (9.5 ft) from the front lot line on Delevan Crescent, and is 2.38 m (7.8 ft) from the exterior lot line fronting on Third Street. The applicant proposes to construct the deck in place of the existing porch. The replacement of the existing porch with an uncovered deck that maintains the same setbacks from the front lot line and exterior side yard generally meets the intent and purpose of the Zoning By-Law, with a caveat. 56 File Number: A07-18 Report Number 2018-130 Page 4 Planning staff recommend that relief be granted only to facilitate an uncovered deck that maintains the same setback as the existing deck, 2.9 m (9.5 ft) from the front and 2.38 m (7.8 ft) from the exterior lot lines. This will ensure there is minimal impact to sight lines, particularly at the westbound yield sign at Third Street and Delevan Crescent, and will address the comments provided by the Town Building Services Department. This can be accomplished through angling the deck to follow the angular lot line at the northwest corner of the lot and at the Delevan Crescent and Third Street intersection. With this modification, Planning staff are of the opinion that the proposed uncovered deck will generally maintain the intent and purpose of the Town’s Zoning By-Law to permit minor encroachments into the required front and exterior yards that match the setback of the existing dwelling, with no expected impact on sightlines, road and sidewalk maintenance or amenity areas. (f) Desirable Development/Use: Planning staff have reviewed that applicant’s request and are of the opinion that the proposal as recommended, generally can be considered minor and desirable for the development of the land. It is noted that many other dwellings south of the subject property fronting on the east side of Delevan Crescent between Third Street and Second Street also appear to have minimal front yard depths. Staff are of the opinion that the proposal, if modified to maintain a 2.9 m (9.5 ft) setback between the uncovered deck and front lot line and 2.38 m (7.8 ft) setback between the uncovered deck and exterior lot line could be considered minor as the proposed relief will facilitate an uncovered deck that maintains the same setback as the existing dwelling and is not expected to impact sight lines, road or sidewalk maintenance. Staff are recommending the Committee of Adjustment to approve subject to the modifications recommended by Planning staff, the applicants’ request to increase the permitted projection into the required front yard depth and exterior side yard width, and reduce the minimum setback between a projection and front and exterior lot line in an ‘R1’ Zone. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A07-18, submitted by Marty and Erika Carrier, for lands described as Part Lot 538, Plan 500, in the Town of Tillsonburg, municipally known as 38 Delevan Crescent, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard from 3 m (9.8 ft) to 4.6 m (15.1 ft); 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required exterior side yard from 3 m (9.8 ft) to 5.2 m (17.1 ft); 57 File Number: A07-18 Report Number 2018-130 Page 5 3. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.9 m (9.5 ft); 4. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.38 m (7.8 ft). Subject to the following conditions: 1. That this relief shall only apply to an uncovered deck; 2. That a building permit for the proposed deck shall be issued within a year of Committee’s decision. As the proposed variances are deemed to be: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Adam Ager, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner 58 May 9, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 59 May 9, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 60 61 Site Photos A-07/18 (Carrier) Figure 1 – View of Subject Lands (looking south from Third Street) Figure 2 – View of Subject Lands (looking southeast from Delevan Crescent) 62 Site Photos A-07/18 (Carrier) Figure 3 – View of Subject Lands (looking east from Delevan Crescent) 63 000270955 A07-18 64 65 66 67 Downtown Parking and Accessibility Study IBI GROUP Town of Tillsonburg May 14, 2018 68 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 2 Presentation Outline •Introduction; •Existing Conditions Supply and Demand; •Parking Management Strategies; •Future Parking Assessment; •Tillsonburg Town Centre Mall Review; •Accessible Parking and E-Vehicle Review; •On-Street Accessible Parking Feasibility Review; •Conclusions and Recommendations; and •Open Discussion. 69 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 3 Introduction Objective: Develop a parking strategy that provided a long term parking vision with a focus on accommodating users with accessible needs, and review the potential to redevelop existing municipal parking lots. This study: •Examined existing parking demand; •Projected future parking demand; •Optimized pick-up/drop-off, transit, and pedestrian operations surrounding the Tillsonburg Town Centre Mall; and •Ensured safe and sufficient parking opportunities are provided for users with accessible needs. 70 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 4 Existing Conditions Supply and Demand Tillsonburg provides a mixture of on- and off-street parking within the Downtown core. Off-Street Parking: 1,647 parking spaces including 32 accessible spaces. On-Street Parking: 166 parking spaces including 5 accessible spaces. Additional on-street parking opportunities are available on various streets throughout the Downtown core. 71 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 5 Existing Conditions Supply and Demand Parking demand increases during the mornings, plateaus during the midday, and gradually decreases throughout the evening. The following peak parking demand was observed: •Weekday: 1,027 vehicles parked between 11:00 AM – 12:00 PM (57% utilization); and •Weekend: 782 vehicles parked between 12:00 PM – 1:00 PM (43% utilization). Sufficient parking opportunities are provided system wide. 72 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 6 Existing Conditions Supply and Demand Lots 1A, 4A, 7A, 1B, 2B, and 3B operate above the 85% effective capacity threshold during peak weekday operations. Sufficient parking opportunities are available within a 300m walking distance from the lots approaching capacity. However, insufficient opportunities are available within 150m of Lots 1B and 2B. A 150m radius was evaluated given Tillsonburg's unique demographics (high percentage of elderly residents). Tillsonburg could reserve several Lot 1B and 2B parking spaces as “age friendly” and “family friendly” spaces. 73 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 7 Existing Conditions Supply and Demand – Sensitivity Assessment Tillsonburg’s Downtown parking performance was evaluated considering a 15% increase in parking demand. Lots 1A, 4A, 7A, 1B, 2B, and 3B are all anticipated to operate above 100% capacity. Parking demand can theoretically be reallocated to nearby lots in a manner where all lots operate below 85% utilization. A parking supply expansion is not considered necessary. 74 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 8 Parking Management Strategies Paid Parking Operations •As Tillsonburg grows, paid parking operations can be adopted in areas experiencing the highest parking demand (Lots 1A, 1B, and 2B, and Broadway on-street parking). •This strategy is anticipated to improve the distribution of parking demand as some drivers will likely target the free and lesser utilized parking lots. Parking Duration Restrictions •Expand the number of 2 hour parking in Lot 1B and implementing several spaces in Lot 2B. To maintain the balance between short and long term parking opportunities, the 2 hour limit could be rescinded for a portion of Lot 2A parking spaces. •These conversions are anticipated to shift a small amount of long term parkers from Lots 1B and 2B to Lot 2A. Parking User Restrictions •An alternative strategy for improving the distribution of parking demand within the Downtown core is restricting the user groups that are granted access to certain lots. •Such restrictions are anticipated to decrease the utilization of targeted lots while increasing the utilization of nearby lots. 75 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 9 Parking Management Strategies Tillsonburg’s current wayfinding strategy consists of static directional and identification signage. The following signage is recommended to compliment the existing strategy: •Introduction: First level of parking signage to alert drivers of parking opportunities when approaching the Downtown core. •Pedestrian Wayfinding: Helps pedestrians orient themselves to the Downtown core after parking their vehicles. Dynamic wayfinding technologies are not recommended as it requires expensive parking technology upgrades capable of tracking vehicle occupancy. *Existing Identification Signage *Existing Directional Signage 76 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 10 Future Parking Assessment Future parking demand is anticipated to be impacted by the following factors: •Background parking demand growth due to population growth outside the Downtown core (6.1% over 10 years); •Personal vehicle modal split reduction (assumed 2% over the 10 year horizon); •New developments within the Downtown study area; •Parking supply losses; and •General to accessible parking space conversion. The following table outlines the impact of each factor. Factor Impact Background Parking Demand Growth +63 vehicles Modal Split Reduction -20 vehicles New Developments +11 vehicles Parking Supply Losses 13 spaces lost Accessible Parking Conversion 52 off-street spaces lost 16 on-street spaces lost Total Supply and Demand Impact +54 vehicles and 81 spaces lost 77 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 11 Future Parking Assessment Overall parking demand projected to peak at 1,076 vehicles during weekdays (63% utilization). Lots 1A, 4A, 7A, 1B, 2B, and 3B are projected to operate above the 85% effective capacity threshold. To remain under 85% utilization in all lots, demand from these lots can theoretically be reallocated to underutilized lots within 300m. The Downtown Tillsonburg parking system is considered sufficient to accommodate the projected 10 year parking demand. 78 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 12 Parking Lot Redevelopment The following guidelines are proposed when deciding whether a redeveloped parking supply should be replaced elsewhere with additional spaces: •>85% existing utilization: Minimum 100% of parking spaces lost to be replaced; •70-85% existing utilization: Minimum 75% of parking spaces lost to be replaced; •50-70% existing utilization: Minimum 50% of parking spaces lost to be replaced; and •<50% existing utilization: parking space replacement may not be necessary. The parking utilization of the lot in question and the surrounding system should be reviewed to ensure the existing parking demand can be accommodated. 79 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 13 Tillsonburg Town Centre Mall Review Vehicle, pedestrian, and transit operations in close proximity to the Tillsonburg’s Town Centre Mall were reviewed. The following hot spot locations were identified as these locations were determine to experience operational issues: •Location 1: The loading zone near the mall’s Broadway entrance; and •Location 2: The pedestrian crossing area located at the mall’s back entrance (Lot 7A) and the adjacent parking spaces. 80 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 14 Tillsonburg Town Centre Mall Review – Location 1 Broadway is the major arterial through the Downtown with many adjacent popular destinations, and is known to experience the largest pedestrian activity. In addition to the existing commercial loading zone, Location 1 is considered an optimal location for a shared transit stop and passenger pick-up/drop-off zone. 81 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 15 Tillsonburg Town Centre Mall Review – Location 2 Location 2 is recommended to provide space for a taxi stand, shared transit stop and passenger pickup/drop-off zone, and accessible parking. The following recommendations are proposed: •Remove the existing perpendicular parking spaces immediately adjacent to the Town Centre Mall to provide space for the taxi stand and a shared transit stop and passenger pick-up/drop-off zone; •Orient the taxi stand and shared transit stop and passenger pick-up/drop-off zone to be parallel to the parking aisle rather than perpendicular; •Potentially implement an additional row of accessible parking spaces immediately east of the parking aisle now that the aisle has been shifted slightly westwards; •Relocate the existing southbound parking aisle stopbar upstream of the pedestrian crosswalk to prevent vehicles from stopping on the crosswalk; •Potentially convert Harvey Street to one-way southbound between the Lot 7A access and Ridout Street; and •With one way operations, additional curbside space would be gained on the south end of the existing commercial loading zone for additional taxi stands. 82 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 16 Tillsonburg Town Centre Mall Review – Location 2 The recommended Location 2 concept is illustrated. To improve pedestrian safety and Bridge Street crossing operations, Tillsonburg is recommended to consider installing either a signalized pedestrian crossing or flashing pedestrian crossover lights between Lots 6A and 7A. 83 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 17 Accessible Parking and E-Vehicle Review – E-Vehicles E-vehicle parking and charging stations are to be optimally located in the Downtown areas that experience the highest parking demand and activity. The first two charging stations are recommended for Lots 7A and 3B. In the event additional charging stations are procured, Lot 4A and the Broadway on-street spaces immediately adjacent to the Town Centre Mall are considered optimal candidates. 84 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 18 Accessible Parking and E-Vehicle Review – Off-Street Tillsonburg’s accessible off-street parking requirements are consistent with the Accessibility for Ontarians with Disabilities Act (AODA). Overall, the off-street system is deficient by 34 accessible parking spaces. Tillsonburg is recommended to meet the Zoning By-law requirements on a lot-by-lot basis. Exceeding the accessible parking space requirements in Lots 1A, 2A, 6A, and 7A can be considered, since they are located near popular destinations and all accessible spaces were at one point observed to be fully occupied. 85 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 19 Accessible Parking and E-Vehicle Review – On-Street IBI Group met with the Accessible Advisory Committee to determine existing issues and desired study outcomes. The following key study outcomes were noted: •Additional accessible on-street parking spaces are desired on Broadway; •A sidewalk curb ramp is requested for each accessible on-street parking space; •The Broadway accessible parking spaces are known to experience snow clearing issues; •Additional off-street accessible parking spaces are desired in Lots 1A and 7A; and •The accessible parking spaces adjacent to the Shoppers Drug Mart in Lot 7A are considered dangerous due to the adjacent perpendicular high speed parking aisle. 86 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 20 On-Street Accessible Parking Feasibility Review Tillsonburg is recommended to replace the existing accessible on-street parking configuration on Broadway with the displayed configuration. The proposed configuration offers the following benefits: •Each access aisle serves two accessible parking spaces rather than one. •Drivers can strategically target either parking space depending on the vehicle side the person with accessible needs is sitting. •Provides the requested curb ramp. •Addresses existing snow clearing issue by relocating accessible spaces to midblock. 87 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 21 EV Charging Stations and Accessible Parking Spaces With this strategy, 14 accessible on- street parking spaces are provided along Broadway compared to the existing 5 spaces. All locations can accommodate the proposed on-street accessible concept with the exception of Broadway’s west side between Brock Street and Baldwin Street. The existing sidewalk would need to be extended by approximately 1m or the curb height would need to be reduced by 0.03m. 88 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 22 Conclusions and Recommendations The displayed implementation timetable is proposed for the recommendations. 89 Downtown Parking and Accessibility Study May 14, 2018 DOWNTOWN PARKING AND ACCESSIBILITY STUDY IBI GROUP 23 Open Discussion 90 Public Meeting regarding Woodlands Conservation Bylaw at County Council on May 23, 2018 The public meeting will provide residents and stakeholders with an opportunity to provide feedback on the By-law directly to County Council prior to Council’s final consideration Oxford County has updated the draft version of the Woodlands Conservation By-law for Council’s consideration. The draft By-law was prepared after an extensive consultation process including public meetings in November and December of 2016 and again in November 2017. Public and stakeholder input has been a key element in updating the bylaw. County Council will receive the draft Woodlands Conservation By-law and hold a public meeting to provide interested persons and stakeholders an opportunity to provide further input into the By-law on: Wednesday, May 23, 2018 Oxford County Administration Building 21 Reeve Street, Woodstock ON 7:00 pm Residents and other stakeholders of Oxford County are encouraged to attend the public meeting for an opportunity to provide feedback to Council regarding the new draft By-law and the County’s efforts to improve customer service. The public meeting will begin with a brief presentation by staff followed by an opportunity for public and stakeholder comments and questions. The current Woodlands Conservation Bylaw was adopted by Council in 2004 (and subsequently amended in 2006) to support responsible forestry management practices and environmental stewardship of woodland areas within the County. The Woodlands Conservation Bylaw is vital because it helps Oxford County to sustain the community’s environmental and natural heritage resources. Additionally, the bylaw helps to conserve and improve woodlands through good forestry practices, while protecting the social, economic and environmental value of woodlands. The bylaw also helps the County to enhance biodiversity and forest resilience that will allow the community to adapt to climate change and other environmental threats to forest health. The updated draft bylaw that will be presented to Council on May 23, 2018 can be viewed at the link with additional opportunities for public input available online at www.oxfordcounty.ca/speakup. 91 Background The first tree bylaw in Oxford County was enacted in 1946. The bylaw has undergone numerous amendments and updates over the years reflecting changes to legislation and regulations regarding tree conservation in Ontario. The current County Woodlands Conservation Bylaw was adopted by Council in 2004, and amended in 2006. The bylaw has served as an effective tool for supporting responsible forestry management practices and environmental stewardship of woodland areas. The County of Oxford has undertaken extensive review and public consultation regarding the updated Woodlands Conservation By-law, including a comprehensive review of the County’s customer service practices. The proposed By-law and improvements in customer service and enforcement activities is the result of the feedback obtained from five public meetings and numerous comments received through the County’s social media feeds. Social media and online content Speak Up, Oxford! – Woodlands Conservation Bylaw Facebook: Oxford County Twitter: Oxford County Oxford County newsroom About Oxford County Located in the heart of southwestern Ontario at the crossroads of Highways 401 and 403, Oxford County has a population of approximately 114,000 people across eight municipalities that are “growing stronger together” through a partnership-oriented, two-tier municipal government incorporated as the County of Oxford. Oxford County is emerging as a leader in sustainable growth through the Future Oxford Community Sustainability Plan and County Council’s commitment to becoming a zero waste community and achieving 100% renewable energy by 2050. Situated in one of Ontario’s richest areas for farmland, agriculture is a key industry that serves as a springboard for some of the sustainable industries that are steadily diversifying the local economy. Oxford County offers a thriving local arts, culture and culinary community, as well as conservation parks, natural areas and more than 100 kilometres of scenic trails. The Oxford County Administration Building is located in Woodstock, Ontario. Visit www.oxfordcounty.ca or follow our social media sites at www.oxfordcounty.ca/social. Oxford County’s Strategic Plan is at oxfordcounty.ca/strategicplan. 92 93 Premier’s Award for Agri-Food Innovation Excellence program The Premier’s Award for Agri-Food Innovation Excellence program was created to recognize and foster the spirit of innovation that thrives in Ontario’s agricultural sector. It encourages the development of rural communities, farms, agri-food processors and agri-food organizations by adding value to existing products, creating jobs and driving economic growth. Each year the program recognizes up to 45 innovations across the province. Award recipients will receive $5,000, a plaque, gate sign and various promotional materials. In addition, there will be a Premier’s Award valued at $75,000, a Minister’s Award valued at $50,000 and three Leaders in Innovation Awards valued at $25,000 each. Primary producers, processors and agri-food organizations are invited to submit applications. Details on eligibility, innovation categories, assessment criteria, and the application and selection process can be found in the 2018 Program Guidebook and Application Form at: www.ontario.ca/agrifoodinnovation. Your support in encouraging outstanding agriculture and agri-food innovators to submit an application by the deadline of 11:59 p.m. on May 25, 2018 is appreciated. Questions can be directed to the Agricultural Information Contact Centre (AICC) at 1-877-424- 1300 or ag.info.omafra@ontario.ca. A description of the award winning innovations by year (2006 through 2017) can be viewed at www.ontario.ca/agrifoodinnovation. 94 95 Report Title CAO Performance Evaluation 2017 Report No. MYR 18-03 Author Stephen Molnar - MAYOR Meeting Type Council Meeting Council Date May 14, 2018 Attachments Page 1 / 2 REPORTmayor18-03CAOevaluation2017 RECOMMENDATION That Council receives MYR 18-03 CAO Performance Evaluation 2017 as Information; And That Council establishes and appoints a CAO Performance Review Committee; And That Council appoints Mayor Molnar and ______________ and _______________ to the CAO Performance Review Committee; And Further That Council approves the proposed 2017 CAO Performance Evaluation Process as outlined in MYR 18-03. EXECUTIVE SUMMARY The requirement for a CAO performance evaluation is a condition of employment 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. BACKGROUND In accordance with the above, it is being recommended that a CAO Performance Review Committee be established in order to provide a process for all Council members to participate in the CAO performance review. It is anticipated that the role of the CAO Performance Review Committee is to: • Review the objectives/themes communicated by the CAO; • Review the performance of the CAO in 2017 in relation to Council direction and CAO initiatives; • With the CAO, jointly develop goals and objectives for 2018; • Establish the measurement criteria for the defined goals and objectives in 2018; • Make a recommendation to Council regarding 2018 goals and objectives; • Provide recommendations for CAO compensation on a yearly basis. 96 Page 2 / 2 CONSULTATION/COMMUNICATION The Committee will extend the opportunity for input and feedback from all members of Council in advance of forwarding a final report for consideration. FINANCIAL IMPACT/FUNDING SOURCE Any financial impact is dependent on recommendations that may be made by the Committee, subject to Council approval regarding compensation. Any impact has been considered within the 2018 approved budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Excellence in Local Government; 1.1) Demonstrate strong leadership in Town initiatives 1.2) Demonstrate accountability 97 Report Title 2018 First Quarter Financial Results Report No. FIN 18-15 Author SHEENA HINKLEY, CPA, CGA Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments 2018 Q1 Consolidated Results Page 1 / 1 FIN18-15 2018 First Quarter Consolidated RECOMMENDATION THAT Council receives report FIN 18-15 2018 First Quarter Consolidated Results as information. SUMMARY To provide Council with the January 1, 2018 to March 31, 2018 Town wide actual financial results. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the variances between 2018 actual results for the quarter ending March 31, 2018 and the 2018 YTD budget. The Q1 results show an overall Town wide consolidated 2018 surplus of $187,007. Questions or comments relative to the departmental 2018 Q1 revenues and expenditures should be referred to the other members of the Senior Leadership Team for commentary. 98 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS (71,090) (70,697) 393 1% Grants (122,356) (118,542) 3,814 3% User Charges (1,105,823) (1,181,199) (75,376)7% Other Revenue (24,328) (41,598) (17,270)71% Specified Revenue - (114,321) (114,321)100% Total Revenues (1,323,597) (1,526,357) (202,760)15% Expenditures Labour 2,248,538 2,231,312 (17,226)1% Purchases 1,133,710 1,063,959 (69,751)6% Contracted Services 1,054,793 1,022,079 (32,714)3% Contribution to Reserves 19,000 155,208 136,208 717% Interfunctional Adjustments 102,849 102,746 (103)0% Debt Principal & Interest 168,202 167,541 (661)0% Total Expenditures 4,727,092 4,742,845 15,753 Total Net Levy 3,403,495 3,216,488 (187,007)5% 0 99 Report Title 2018 First Quarter Finance Department Results Report No. FIN 18-14 Author SHEENA HINKLEY, CPA, CGA Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments Q1 Results - Finance Page 1 / 2 FIN18-14 2018 First Quarter Finance Depa Results RECOMMENDATION THAT Council receives report FIN 18-14 2018 First Quarter Finance Department results as information. SUMMARY To provide Council with the actual January 1, 2018 to March 31, 2018 Finance Department financial results and the projected Finance Department 2018 financial results. Table 1: 2018 Operations Business Plan Objective Target Date Status Monthly reporting to Management Q1 In progress for Q2 Improve alignment of budget and actuals to reduce timing variances Q1 Complete Virtual Town Hall Q1 Installed – launching in June IT Reserves Q1 Completed IT Annual Replacements Q2 In progress Asset Management Implementation Q2 In progress Audit of HST by Recovery Specialist Q2 In progress Increase customer transactions on website through new customer online registration Q2 In progress Audit of MPAC and Assessment by Recovery Specialist Q2 In progress by County Work Order Management System Q2 In progress Transit Q2 In Town in progress New Town Hall Q3 In progress Implement County AMANDA software Q3 Customer Service Delivery Model: Review of current activity Customer consultation Final Report Q1 Q2 Q3 Complete In progress 100 Page 2 / 2 2018 First Quarter Finance Department Results Local Government Week Q4 Election Q4 In progress Physician Recruitment Q4 In progress Table 2: 2018 Additional Information Objective Target Date Status Audited 2017 financial statements Q2 In Progress – draft financials expected to be presented to Council on June 14, 2018. Key Indicators 03/31/2018 03/31/2017 Tax Receivables $6,912,630 $6,805,712 Accounts Receivable $414,742 $273,018 Increase in Accounts Receivable is due to year-end billing for development work pertaining to Andrews Crossing. GOALS FOR NEXT QUARTER (Q2 2018) • Strategic Asset Management Plan policy • Manage cash flows and investments to maximize interest revenue FINANCIAL IMPACT/FUNDING SOURCE The 2018 first quarter Finance Department deficit is $21,597. This is broken down as follows: Department 100 – Council 1,031 Department 110 - Finance 2,747 Department 120 - Customer Service 17,819 $ 21,597 Details on major variances can be found in the attached Q1 results spreadsheet. 101 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues - - - Expenditures Labour 40,722 40,407 (315)1% Purchases 125,724 127,065 1,341 1% Interfunctional Adjustments 6,250 6,255 5 0% Total Expenditures 172,696 173,727 1,031 1% Total Net Levy 172,696 173,727 1,031 1% Notes 1 2 3 4 102 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (83,925) (83,925) - User Charges (9,253) (6,254) 2,999 32% Other Revenue (5,747) (4,220) 1,527 27% Specified Revenue - (1,124) (1,124)100% Total Revenues (98,925) (95,523) 3,402 3% Expenditures Labour 324,514 332,023 7,509 2% Purchases 125,371 120,342 (5,029)4% Contracted Services 80,111 76,302 (3,809)5% Contribution to Reserves - 1,124 1,124 100% Interfunctional Adjustments (116,925) (116,925) -0% Debt Principal & Interest 25,524 25,074 (450)2% Total Expenditures 438,595 437,940 -655 Total Net Levy 339,670 342,417 2,747 1% Notes 103 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (64,515) (65,918) (1,403)2% Total Revenues (64,515) (65,918) (1,403)2% Expenditures Labour 112,540 121,497 8,957 8%1 Purchases 26,882 30,782 3,900 15% Contracted Services 4,500 10,973 6,473 144%2 Interfunctional Adjustments (59,053) (59,161) (108)0% Total Expenditures 84,869 104,091 19,222 23% 0 Total Net Levy 20,354 38,173 17,819 88% 0 Notes 1 Net labour over $8,900 - Cover for STD leave 2 Subcontractor Expense over - snow removal 104 Report Title 2018 First Quarter Operations Services Report No. OPS 18-11 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 14, 2017 Attachments • Operating Summaries Page 1 / 3 RECOMMENDATION: THAT Council receive Report OPS 18-11, 2018 First Quarter Operations Services as information. SUMMARY To provide Council with the January 1, 2018 to March 31, 2018 Operations Services financial results. Table 1: 2018 Operations Business Plan Objective Target Project Status Continue review of Public Works, Engineering & Water/ Wastewater procedures and records management Q1 – Q4 In Progress Airport Feasibility Analysis Q2 Not Started Comprehensive Sidewalk Review Q1 Completed Winter Maintenance Level of Service Policy Q2 In Progress Continue Corporate Fleet CVOR Compliance Initiative Q1 – Q4 In Progress Renegotiations of Solid Waste and Recycling Collection Agreement with Oxford County Q2/Q3 In Progress Renegotiations of Urban Road Maintenance Agreement with Oxford County Q3/Q4 Not Started Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3/Q4 Not Started Develop & Implement Leak Detection Program Q2/Q3 Not Started Develop & Implement Manhole Inspection Program Q1 – Q3 Not Started Develop a Water Efficiency Program specific to Tillsonburg Residents Q2/Q3 Not Started 105 Page 2 / 3 Water Transmission Main Maintenance Review Q2 Not Started Update Engineering Design Criteria to current industry standards & practices Q4 Not Started Review and Revise Engineering Rates & Fees structure Q2 In Progress Review of Outstanding deficiencies and Legacy issues related to stale Developments Q1 – Q4 In Progress Asset Management Q2 – Q4 Not Started Storm Sewer CCTV Inspections Big Otter Creek / Old Vienna Rd Slope Stability Design Study Q2/Q3 Not Started Railway Crossing Safety Assessments Q3 Not Started Broadway & Brock Intersection Audible and Accessibility Upgrades Q3 Not Started Quarter Town Line Corridor Management Implementation Q2/Q3 Not Started Future Kinsmen Pedestrian Bridge Enhanced OSIM Inspection Q3 Completed LED Streetlight Conversion Project Q3/Q4 In Progress Concession Street E. Reconstruction Q2/Q3 In Progress Annandale Ball Diamonds – Parking Lot Q2/Q3 In Progress Bradburn Reconstruction – Stage 1 of 2 Q3/Q4 Not Started Broadway Connecting Link Rehabilitation – Town limit to south of North St. Q3/Q4 Not Started Asphalt Resurfacing Program Q2/Q3 In Progress Heavy Duty Vehicle Replacements Fire Unit #73 – 1998 Aerial Truck Q3 Not Started Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the associated incremental costs to maintain the additional infrastructures demonstrates the efficiencies of continuous internal improvement. Key Indicators 2017 2016 2015 2014 2013 2012 Roads (Lane km) 233.6 229.4 226.8 226.1 225.5 224.5 Sidewalks (km) 96.6 94.2 91.6 89.5 89.1 88.1 106 Page 3 / 3 GOALS FOR NEXT QUARTER • Issue remaining infrastructure capital projects and commence construction • Implement traffic management capital initiatives • Continue records management and LED streetlight conversion • Issue RFP’s for Vienna Rd. slope stability and Aerial Truck • Complete post winter maintenance operations • Begin spring maintenance operations. FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2018 Q1 Operations Services overall variance is summarized in Table 2. Table 2: First Quarter Budget vs. Actual Variance Summary Department (Surplus) / Deficit Operations Administration 2,003 Engineering Services (15,012) Public Works (12,620) Airport Operations 4,465 Waste Management (10,281) Fleet Services 10,887 Total Variance (20,558) Projection of variances to December 31, 2018 is summarized in Table 3. Table 3: 2018 Annual Projection Summary Department (Surplus) / Deficit Operations Administration - Engineering Services - Public Works - Airport Operations - Waste Management - Fleet Services - Total Variance - 107 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (337,236) (337,201) 35 0% Specified Revenue - (23,440) (23,440)100%1 Total Revenues (337,236) (360,641) (23,405)7% 0 Expenditures Labour 77,309 78,775 1,466 2% Purchases 134,388 144,319 9,931 7%2 Contracted Services 1,378 813 (565)41% Contribution to Reserves - 23,440 23,440 100% Debt Principal & Interest 10,958 10,978 20 0% Total Expenditures 224,033 258,325 34,292 15% 0 Total Net Levy (113,203) (102,316) 10,887 10% 0 Notes 1 Development charge revenue 2 Fuel & Oil over $13,300 108 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues - - - Expenditures Labour 60,112 60,642 530 1% Purchases 4,250 5,729 1,479 35% Interfunctional Adjustments (1,650) (1,656) (6)0% Total Expenditures 62,712 64,715 2,003 3% Total Net Levy 62,712 64,715 2,003 3% Notes 109 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (4,500) (4,600) (100)2% Total Revenues (4,500) (4,600) (100)2% Expenditures Labour 110,282 88,971 (21,311)19%1 Purchases 6,500 12,927 6,427 99%2 Interfunctional Adjustments (37,022) (37,050) (28)0% Total Expenditures 79,760 64,848 (14,912)19% 0 Total Net Levy 75,260 60,248 (15,012)20% 0 Notes 1 Net labour under $21,300 - FT Vacant Development & Design Technologist 2 Special Projects over $7,900 - Thrid Party Engineering Services 110 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges - (105) (105)100% Specified Revenue - (57,899) (57,899)100%1 Total Revenues - (58,004) (58,004) Expenditures Labour 128,700 123,566 (5,134)4% Purchases 63,588 64,989 1,401 2% Contracted Services 10,012 8,117 (1,895)19% Contribution to Reserves - 57,899 57,899 100%1 Interfunctional Adjustments 68,503 68,499 (4)0% Debt Principal & Interest 53,035 53,000 (35)0% Total Expenditures 323,838 376,070 52,232 16% 0 Total Net Levy 323,838 318,066 (5,772)2% Notes 1 Development charge revenue 111 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues - - - Expenditures Labour 153,075 169,670 16,595 11%0 Purchases 85,500 62,405 (23,095)27%0 Contracted Services 2,000 10,229 8,229 411%0 Interfunctional Adjustments 51,403 51,399 (4)0% Total Expenditures 291,978 293,703 1,725 1% Total Net Levy 291,978 293,703 1,725 1% Notes 1 FT OT over $21,300 2 Supplies under $23,100 - Salt 3 Subcontractor over $8,200 - Parking lot clearing assistance 112 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS (71,090) (70,697) 393 1% Other Revenue - (21,887) (21,887)100%1 Specified Revenue - (7) (7)100% Total Revenues (71,090) (92,591) (21,501)30% 0 Expenditures Labour 12,725 11,193 (1,532)12% Purchases 7,622 7,183 (439)6% Contracted Services 18,750 18,779 29 0% Contribution to Reserves - 21,894 21,894 100%1 Interfunctional Adjustments 9,609 9,597 (12)0% Total Expenditures 48,706 68,646 19,940 41% 0 Total Net Levy (22,384) (23,945) (1,561)7% Notes 1 Cash in lieu of Parking - 253 Broadway 113 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues - - - Expenditures Labour 4,800 6,879 2,079 43% Purchases 80,991 73,528 (7,463)9%1 Contracted Services 750 712 (38)5% Interfunctional Adjustments 4,997 5,001 4 0% Total Expenditures 91,538 86,120 (5,418)6% 0 Total Net Levy 91,538 86,120 (5,418)6% 0 Notes 1 HLW under $5,400 114 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (5,000) (5,000) -0% User Charges (30,317) (27,732) 2,585 9% Other Revenue - (11) (11)100% Total Revenues (35,317) (32,743) 2,574 7% Expenditures Labour 29,641 28,968 (673)2% Purchases 31,687 28,001 (3,686)12% Contracted Services 11,597 17,834 6,237 54%1 Interfunctional Adjustments 2,822 2,835 13 0% Total Expenditures 75,747 77,638 1,891 2% Total Net Levy 40,430 44,895 4,465 11% Notes 1 Subcontractor over $4,400 - Snow removal ; Legal over $1,900 115 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Specified Revenue - (2,601) (2,601)100% Total Revenues - (2,601) (2,601) Expenditures Labour 7,200 5,243 (1,957)27% Purchases 495 - (495)100% Contracted Services - 862 862 100% Contribution to Reserves - 2,601 2,601 100% Interfunctional Adjustments 6,478 6,474 (4)0% Total Expenditures 14,173 15,180 1,007 7% Total Net Levy 14,173 12,579 (1,594)11% Notes 116 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (30,381) (31,862) (1,481)5% Total Revenues (30,381) (31,862) (1,481)5% Expenditures Labour 6,747 8,127 1,380 20% Purchases 25,472 20,262 (5,210)20%1 Contracted Services 16,053 11,061 (4,992)31% Interfunctional Adjustments 31,022 31,044 22 0% Total Expenditures 79,294 70,494 (8,800)11% 0 Total Net Levy 48,913 38,632 (10,281)21% 0 Notes 1 Materials/Inventory under $ 5,100 - Purchases of Bag Tags 117 Report Title Recreation Culture and Parks 2018 Q1 Results Report No. RCP 18-22 Author Rick Cox Meeting Type Council Meeting Council Date May 14, 2018 Attachments • RCP 2018 Q1 Operational Financial Summaries Page 1 / 3 RCP 18-22 - Recreation Culture and Parks RECOMMENDATION THAT Council receives Report RCP 18-22, 2018 First Quarter Recreation, Culture and Parks, as information. EXECUTIVE SUMMARY This report provides Council with the January 1, 2018 to March 31, 2018 Department year to date status of business objectives, capital projects, key indicators and financial results for Recreation, Culture & Parks. BACKGROUND 2018 Business Objectives and Capital Projects Division Item Target Date Status Programs & Services Recreation Program and Business Service Review Q 2 - 3 delayed to Q3-Q4 Procure Recreation Leisure Guide Production Q1 Complete Implementation and Training of the new Recreation Software - Legend Q1 - 4 In progress Lifesaving Society updates to Leadership Programs and Learn to Swim Program Q1 Culture & Heritage Museum Anniversary Events Q1 - 4 In progress Final Year of Oxford Remembers – Oxford’s Own commemoration of the 100th Anniversary of W.W. I. Q 1 - 4 In progress Book Publications: Tillsonburg’s Architectural Gems and The Tillson Empire. Q 1 - 4 In progress Museum Souvenirs Q 1 - 4 In progress 2018 Exhibits & Events Q 1 – 4 In progress Parks & Facilities Support J.L. Scott McLean Outdoor Recreation Pad Q1-Q4 In progress Support Gibson House Boathouse and Deck initiative Q1-Q4 In progress Develop 2019-2024 Town Energy Conservation & Demand Management Plan Q2 In progress Support development of Community GHG Plan Q2-Q4 Deferred pending funding Implementation of the Asset Management Action Plan Q1-Q4 In progress Review of contracted cleaning services model Q1 Delayed to Q2-Q3 118 Page 2 / 3 RCP 18-22 - Recreation Culture and Parks Physical security report on all facilities Q3 Not started Enhanced Beautification (beyond 2017 pilot) Q2-Q3 In progress Cemetery Master Plan Implementation. Q2-Q4 In progress Enhanced Ball Diamond maintenance. Q2-Q3 In progress Renewal of Housekeeping and Grass Cutting contracts. Q3-Q4 Not started Capital Projects Kiwanis/Sam Lamb/Optimist Hardball Diamond Rehab Q1-Q2 In progress Annual Memorial Park Revitalization Q2-Q3 In progress Annandale Baseball Park – Lights Q2 In progress Accessible connection to Trans-Canada Trail New In progress Lake Lisgar Water Park Inflatables Q2 In progress Facility Asset Management Q1-Q4 In progress Floor Scrubber Replacement Q1 Complete Consolidated Roofing Projects at TCC Q2-Q3 In progress Tables & Chairs Replacement Q1 Complete Aquatic Facility Design Study Q2 In progress TCC Energy Retrofit Q1-Q4 In progress Station Arts Roof 2019 N/A Bay Lights conversion to LED Q2 In progress Water Park Renovations Q1-Q2 In progress New Sand Filters at Water Park (x2) Q2 In progress Museum Repairs and Maintenance Q3-Q4 Not started Servant Porch Q2 Not started Connect Fire doors into FAS Q1 Not started Key Indicators Key Indicators 2018 2017 % change Comment Museum: attendance - headcount 1160 1781 -35%closed for 4 weeks due to flooding Programs: Advanced/Leadership - headcount 32 20 60% Programs: Aquatic registrations - headcount 1234 1392 -11% Programs: Public Swim attendance - headcount 4972 5143 -3% Programs: Memberships sold 492 535 -8% Programs: Health Club attendance - headcount 6995 7739 -10% Programs: Water Fitness attendance - headcount 3935 3556 11% Programs: Land Fitness attendance - headcount 807 422 91% Programs: Public Skating attendance - headcount 1482 2906 -49% Programs: Roller Skating attendance - headcount n/a n/a n/a Programs: Squash Courts - headcount 379 621 -39% Programs: Waterpark attendance - headcount n/a n/a n/a Programs: Youth registrations - headcount 485 487 -0% Programs: Advertising revenue (guide,boards,fences)$14,958 $11,625 29% Programs: Rink bookings (ice) -hours 1897.25 1913.75 -1% Programs: Rink bookings (floor) - hours n/a n/a n/a Programs: Tournaments (ice/pool/field)3 4 -25% Programs: Room rentals (non-admin)263 169 56% Programs: Aquatic user fees collected 2,527.30$ 1,053.80$ 140% Programs: Rental insurance program 394.10$ 1,536.94$ -74%Reporting cycle has changed. Cemetery: Niche & Plot sales (count)10 15 -33% Cemetery: Interments (count)27 34 -21% 119 Page 3 / 3 RCP 18-22 - Recreation Culture and Parks FINANCIAL IMPACT/FUNDING SOURCE The RCP Department’s 2018 Q1 operational financial variance summary is as follows: The RCP Department is in an overall in-year surplus position at the end of Q1. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 2 – Sustainable Economy • Objective 4 – Culture & Community Division YTD Budget YTD Actual Variance (surplus)/deficit Cemetery 31,969.00 32,393.00 424.00 Parks 134,990.00 115,406.00 (19,584.00) Community Programs (10,700.00)(9,800.00)900.00 Recreation Programs 48,294.00 (6,917.00)(55,211.00) Facilities 449,745.00 393,050.00 (56,695.00) EFC (7,439.00)(10,618.00)(3,179.00) Museum 92,174.00 82,287.00 (9,887.00) Totals 739,033.00 595,801.00 (143,232.00) 120 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (22,434)(21,246)1,188 5% Total Revenues (22,434)(21,246)1,188 5% Expenditures Labour 23,476 25,215 1,739 7% Purchases 4,839 5,639 800 17% Contracted Services 4,685 1,401 (3,284)70% Interfunctional Adjustments 21,403 21,384 (19)0% Total Expenditures 54,403 53,639 (764)1% Total Net Levy 31,969 32,393 424 1% Notes 121 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges -(2,295)(2,295)100% Other Revenue -(20)(20)100% Total Revenues -(2,315)(2,315) Expenditures Labour 34,716 34,242 (474)1% Purchases 15,791 17,169 1,378 9% Contracted Services 40,456 22,479 (17,977)44%1 Interfunctional Adjustments 21,948 21,951 3 0% Debt Principal & Interest 22,079 21,880 (199)1% Total Expenditures 134,990 117,721 (17,269)13%0 Total Net Levy 134,990 115,406 (19,584)15%0 Notes 1 Subcontractor Expense under $17,900 122 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (22,500)(22,500)-0% Total Revenues (22,500)(22,500)- Expenditures Labour 1,800 2,343 543 30% Purchases 10,000 10,357 357 4% Total Expenditures 11,800 12,700 900 8% Total Net Levy (10,700)(9,800)900 8% Notes 1 2 3 4 123 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (10,678)(7,117)3,561 33% User Charges (331,831)(384,404)(52,573)16%1 Other Revenue (11,334)(15,033)(3,699)33% Total Revenues (353,843)(406,554)(52,711)15%0 Expenditures Labour 326,756 333,336 6,580 2% Purchases 60,437 52,022 (8,415)14%2 Interfunctional Adjustments 14,944 14,943 (1)0% Total Expenditures 402,137 400,301 (1,836) Total Net Levy 48,294 (6,253)(54,547)113%0 Notes 1 2 Materials/Inventory under $2,500; Supplies Expense under $ 1,900; Advertising Expense under $2,100 Membership Revenue over $5,100; Seasonal Revenue over $5,800; Youth Program revenue over $40,500; Minor Hockey revenue over $10,000; Rent Revenue under $13,700 124 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (1,575)(1,575)-0% Specified Revenue -(14,985)(14,985)100%1 Total Revenues (1,575)(16,560)(14,985)951%1 Expenditures Labour 206,718 195,732 (10,986)5% Purchases 174,961 142,523 (32,438)19%2 Contracted Services 51,825 38,554 (13,271)26%3 Contribution to Reserves -14,985 14,985 100%1 Interfunctional Adjustments 10,828 10,827 (1)0% Debt Principal & Interest 6,988 6,989 1 0% Total Expenditures 451,320 409,610 (41,710)9%0 Total Net Levy 449,745 393,050 (56,695)13%0 Notes 1 Development charge revenue 2 HLW under $19,300; 3 Subcontractor Exp under $5,500 - Cleaning - timing Equipment Maint Contract under $7,800 - Snow removal, Garbage lifts, elevator maintenance - timing 125 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (21,872)(24,994)(3,122)14% Total Revenues (21,872)(24,994)(3,122)14% Expenditures Purchases 928 870 (58)6% Debt Principal & Interest 13,505 13,506 1 0% Total Expenditures 14,433 14,376 (57) Total Net Levy (7,439)(10,618)(3,179)43% Notes 1 2 3 4 126 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (253)-253 100% User Charges (3,747)(6,781)(3,034)81% Other Revenue (7,247)(411)6,836 94%1 Total Revenues (11,247)(7,192)4,055 36% Expenditures Labour 70,312 63,430 (6,882)10%2 Purchases 25,506 19,947 (5,559)22%3 Contracted Services 3,000 1,690 (1,310)44% Interfunctional Adjustments 4,603 4,611 8 0% Total Expenditures 103,421 89,678 (13,743)13%0 Total Net Levy 92,174 82,486 (9,688)11%4 Notes 1 Special revenue under $5,600; Donation revenue under $1,200 2 Part time Labour under $5,400; Full time OT under $1,900 3 Special Events under $4,000; Supplies under $1.900 4 Revenue & labour were low due to 4-week flood closure. Not all expenses from flood damage repair were reflected in Q1 127 Report Title First Quarter report 2018 Department Results Report No. FRS 18-04 Author Jeff Smith Meeting Type Council Meeting Council Date May 14, 2018 Attachments • Financial Plan Summary Page 1 / 4 FRS 18-04 First Quarter 2018 Fire Depart RECOMMENDATION THAT Report FRS 18-04 First Quarter 2018 Fire Department Results be received for information. EXECUTIVE SUMMARY To provide Council with the January 1, 2018 to March 31, 2018 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2018 Business Objectives Objective Target Date Status Creation of Special Operations Captain position Q1 Complete Traffic pre-emption equipment Q2 Incomplete Multi-year training plan for firefighters Ongoing Progressing CAD system enhancements Ongoing Progressing Strategic Planning Committee Ongoing Progressing Succession Management Ongoing Progressing Aerial apparatus specification documentation Q2 Progressing Update Emergency Management By-law Q2 Incomplete Contribution to reserves Q4 Incomplete 128 Page 2 / 4 CAO Key Indicators 20 Firefighters on average attended training exercises with an average participation rate of 74%. The year to date average is 20 Firefighters attending an average of 74% of training exercises. The Average firefighter, year to date, has attended 74% of “Platoon” calls and 49% of “All Calls”. Fire Suppression Division emergency calls to end of Q1 are 17% lower than the same period last year and same as the three year call volume average for the same period. 2018 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 1 170 Overpressure Rupture/Explosion (No Fire) 0 0 Pre Fire Conditions/ No Fire 5 30 False Fire Calls 18 79 Carbon Monoxide False Calls 6 43 Public Hazard 12 57 Rescue 10 32 Medical/Resuscitator Call 8 26 Other Response 2 7 YTD 62 444 2017 Dollar Loss / Loss Prevention Number of Property Fire Incidents Estimated Property Value at Risk Estimated Structure Fire Loss Estimated Content Fire Loss Property Fire Loss Prevented Q1 1 $315,000 $215,000 $75,000 $10,000 Q2 Q3 Q4 Year to Date Total Fire Loss (structure & contents): $290,000 Fire Prevention Inspections 1st Quarter 2018 Year to Date Assigned 10 10 In Progress 1 1 Follow Up 0 0 Legal Action 0 0 Rescinded 0 0 Closed 13 13 129 Page 3 / 4 CAO Apparatus Utilization Apparatus 2018 1st Quarter 2018 Year to Date 2017 1st Quarter 2017 Year End Car 1 9 9 10 49 Car 2 20 20 14 80 Pumper 1 46 46 28 235 Pumper 2 12 12 30 106 Rescue 3 15 15 20 123 Ladder 4 29 29 33 155 Public Education Types 2018 1st Quarter 2018 Year to Date 2017 1st Quarter 2017 Year End Station Tours 1 1 2 5 Presentations 3 3 2 24 Newspaper/Media 1 1 1 2 Charity Event 0 0 0 4 Fire Communication Report Town of Tillsonburg Calls 2018 1st Quarter On Call Called Out 2018 YTD On Call Called Out YTD Customer Service 190 N/A 190 N/A OPP 26 N/A 26 N/A WORKS 19 13 19 13 HYDRO 36 10 36 10 WATER 9 3 9 3 KENNEL 0 0 0 0 Tillsonburg Fire 2018 1st Quarter 2018 YTD Administration Lines 76 76 Emergency Calls 82 82 Non Emergent Calls 131 131 Side Door 135 135 Fire Incidents 62 62 Fire Comm 2018 1st Quarter 2018 YTD Emergency Calls 949 949 Non Emergent Calls 1508 1508 Fire Incidents 790 790 130 Page 4 / 4 CAO FINANCIAL IMPACT/FUNDING SOURCE Fire & Rescue Service is currently $5,032 under budget. Development Charge revenue is $14,264 over budget. Police Services is $4,062 under budget. The financial forecast for Fire & Rescue Services through to December 31, 2018 is to be on budget. 131 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (13,223) (12,956) 267 2% Specified Revenue - (14,264) (14,264)100%1 Total Revenues (13,223) (27,220) (13,997)106% 0 Expenditures Labour 264,290 262,071 (2,219)1% Purchases 47,803 46,746 (1,057)2% Contracted Services 15,210 13,222 (1,988)13% Contribution to Reserves - 14,264 14,264 100%1 Interfunctional Adjustments 48,776 48,741 (35)0% Debt Principal & Interest 3,630 3,630 -0% Total Expenditures 379,709 388,674 8,965 2% Total Net Levy 366,486 361,454 (5,032)1% Notes 1 Development charge revenue 132 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (77,700) (80,032) (2,332)3% Specified Revenue - (1) (1)100% Total Revenues (77,700) (80,033) (2,333)3% Expenditures Labour 27,948 25,384 (2,564)9% Purchases 21,856 20,962 (894)4% Contracted Services 780,019 781,752 1,733 0% Contribution to Reserves - 1 1 100% Interfunctional Adjustments 2,222 2,217 (5)0% Total Expenditures 832,045 830,316 (1,729) Total Net Levy 754,345 750,283 (4,062)1% Notes 133 Report Title 2018 First Quarter Building, Planning & By-Law Services Report No. DCS 18-22 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments - Q1 Building Financial Summary - Q1 Protection Financial Summary RECOMMENDATION THAT Council receives Report DCS 18-22 - 2018 First Quarter Building, Planning & By-Law Services as information. EXECUTIVE SUMMARY This report contains information on activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2018 to March 31, 2018. BUILDING SERVICES Tillsonburg has witnessed a very solid start to the year in terms of overall permits issued and the total value of construction. The residential housing construction market has continued to be strong. The commercial sector experienced a slight increase while the industrial and institutional sectors were fairly consistent with previous years. These activities are noted in the tables below. 2018 – Building Permit Activity Overview – Q1 ending (Jan 1/18 – Mar 31/18) Total Permits Issued 81 Total Construction Value $8,894,806 Total Permit Revenue $95,102 134 2 CAO VALUE OF CONSTRUCTION COMPARISON Value of Construction Comparisons (Jan 1/18 – Mar 31/18) TYPE 2012 2013 2014 2015 2016 2017 2018 Residential (Value) 2,837,865 2,335,240 2,515,579 3,575,293 4,286,562 3,911,090 7,550,226 Commercial (Value) 700,750 362,030 83,475 135,300 1,005,261 476,880 1,143,580 Industrial (Value) 67,200 1,583,000 716,000 41,600 2,000 168,254 165,000 Institutional (Value) 67,200 15,380 4,148,500 226,668 0 0 36,000 TOTAL 3,673,015 4,295,650 7,463,554 3,978,861 5,293,823 4,556,224 8,894,806 135 3 CAO Number of Permits Issued (Jan 1/18 – Mar 31/18) TYPE 2011 2012 2013 2014 2015 2016 2017 2018 Single Detached Dwellings 9 17 10 14 15 19 13 22 Total Dwelling Units 77 17 10 14 20 20 17 34 Total All Permits 42 51 53 55 54 59 89 81 Residential Development DEVELOPER NUMBER OF SINGLE DETACHED DWELLINGS PK Construction – Baldwin Place/Brookside 0 Performance Community Inc- Hayhoe Homes 19 Gentrac Homes – Wood Haven Drive 0 Riviera Homes – Victoria Woods 0 Landmark Homes – William Street 0 Bamford Homes – South Ridge Heights 1 Oxford Builders- Annandale Heights 1 Dalm Construction 1 Private 0 Inspection Activity Comparisons (Jan 1/18 – Mar 31/18) Output Measures/Activity 2014 2015 2016 2017 2018 Building Inspections Completed 164 172 212 353 256 Major Construction/Development Projects: • 20 Vance Drive – Tillsonburg Custom Foods – addition • 10 Clearview – Shaw’s Ice Cream – renovation • 67 Oxford – Tim Hortons – demo & new construction • 45 Hardy – Town of Tillsonburg – co-generation plant • Andrew’s Crossing Subdivision 136 4 CAO Building Financial Impact Financial records indicate that the Building sector has a surplus of $23,930 for Q1. The ongoing permit activity is a direct result of the increased revenue found in the attached financial summary to this report. The forecast at this time for year end is to be on budget. PLANNING SERVICES 2018 – Planning Activity (Jan 1/18 – Mar 31/18) Output Measures/Activity 2014 2015 2016 2017 2018 Minor Variance Applications 1 2 2 1 5 Zone Change Application 2 2 2 3 3 Site Plan Formal Consultations 1 3 3 2 2 Site Plan Approvals 0 0 2 1 1 Site Plan Applications (in progress) 5 5 5 4 9 Subdivision Agreements 0 0 0 2 0 Site Plan Applications (in progress) • 32 Clearview Dr. – new industrial • 83 Rolph St. - Rolph Street Public School – apartment conversion • 253 Broadway – commercial/residential • 13 Sanders St. – apartment building • 3 John Pound Rd – apartment building • 183 Lisgar Ave. – apartment building parking modifications • 11 Wren Crt. - 6-Plex • 15 Wren Crt. – 6-Plex • 17 Wren Crt. – 6-Plex BY-LAW SERVICES Records indicate that by-law and property standard activities and occurrences are fairly consistent with the previous years. These activities are noted in the tables below. 137 5 CAO 2016 – By-Law Activity (Jan 1/18 – Mar 31/18) Output Measures– Quantity 2014 2015 2016 2017 2018 Parking Tickets Issued 48 99 319 198 179 Animal Tags Issued Cats 538 708 708 756 632 Dogs 1244 1351 1400 1634 1855 Enforcement – Complaints and Occurrences Parking, Noise, Garbage, Taxi 32 72 56 23 32 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 31 31 33 61 52 Animal Control 73 72 59 70 48 By-Law Financial Impact Financial records indicate that the Protection/By-Law sector has a surplus of $8,834 for Q1. The forecast at this time for year end is to be on budget. A copy of the financial summary has been attached to this report. DEPARTMENTAL TASKS First quarter misc. tasks/projects: • Outstanding Deposit Policy - ongoing • 2018 Animal licence renewal program - ongoing • 2018 Façade Improvement Program – ongoing 138 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (92,372)(105,287)(12,915)14%1 Total Revenues (92,372)(105,287)(12,915)14%0 Expenditures Labour 94,682 84,980 (9,702)10%2 Purchases 9,283 6,935 (2,348)25% Contracted Services 6,600 7,629 1,029 16% Interfunctional Adjustments 8,175 8,181 6 0% Total Expenditures 118,740 107,725 (11,015)9%0 Total Net Levy 26,368 2,438 (23,930)91%0 Notes 1 Permit Revenue over $7,600; Certificate Revenue over $1,700 - Zoning, Subdivisions; Miscellaneous Revenue over $3,600 - site plans, zone changes 2 Full Time labour under $19,000 - Maternity leave; Part time labour over $9,500 - Back fill for Deputy Building Official vacancy 139 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (38,872)(39,451)(579)1% Total Revenues (38,872)(39,451)(579)1% Expenditures Labour 55,399 55,289 (110)0% Purchases 5,221 1,749 (3,472)67% Contracted Services 5,747 1,058 (4,689)82% Interfunctional Adjustments 7,097 7,113 16 0% Total Expenditures 73,464 65,209 (8,255)11%0 Total Net Levy 34,592 25,758 (8,834)26%0 Notes 140 Report Title 2018 First Quarter Report, Economic Development & Marketing Report No. Report DCS 18-23 Author Cephas Panschow Meeting Type Council Meeting Council Date May 14, 2018 Attachments 2018 Q1 Financial Summary Page 1 / 3 Report DCS 18-23 RECOMMENDATION THAT Council receives DCS 18-23, 2018 First Quarter Report, Economic Development & Marketing, as information. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of first quarter activity, business plan objectives, and financial results. BACKGROUND Economic Development Activity Q1 2017 Q1 2018 (TARGET) Q1 2018 (ACTUAL) Lead Files Opened 10 20 10 Lead Files Closed 9 30 12 Corporate Visits 2 6 7 Client Visits 7 4 5 New Businesses Opened 1 3 9 Businesses Closed 1 N/A 2 Website Activity (Main Business Page) 629 850 514 Website Activity (Business Directory) N/A 1,600 1178 Website Activity (All Town Pages) 110,032 N/A 108,283 141 Page 2 / 3 CAO In general, 2018 metrics are at or slightly above targets; however, lead files opened and closed are below targets. The following table summarizes the status of the 2018 Business Plan objectives: Item Budget Value Target Date Status Branding – Wayfinding Signage and Ongoing $25,000 Q1 – Q4 Initiated Community Improvement Plan $20,000 Q1 - Q4 Applications being received and processed Manufacturing Acceleration Program (RED Application) $20,000 Q4 In process. Funding and agreement approved, implementation underway Mission to Europe – Trade Development $5,000 Q2 Delayed. Residential Marketing Campaign $45,000 Q1 – Q4 Not initiated Chamber Sponsorship (Awards) $3,800 Q2 Not initiated Chamber Sponsorship (Grant for Gala) $4,000 Q2 Not initiated Downtown Revitalization $2,000 Q2 Not initiated Youth Robotics Challenge $1,000 Q4 Sponsorship confirmed Bridges to Better Business $1,000 Q4 Sponsorship confirmed Vacant 5 Year Rebates $0 Q2 Not initiated Highway #3 Business Park – Storm Water Pond Facility $565,000 Detailed design underway Highway #3 Business Park – Clearview Dr Extension $1,650,000 Detailed design underway CONSULTATION/COMMUNICATION Not applicable. The Development Committee is provided with a summary of this report at their regular meetings. 142 Page 3 / 3 CAO FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department variances for the first quarter of 2018 are as follows: Department Variance Explanation Economic Development $1,673 No significant variances from budget Development & Communications $1,096 No significant variances from budget COMMUNITY STRATEGIC PLAN (CSP) IMPACT Not applicable. 143 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges - 216 216 100% Total Revenues - 216 216 Expenditures Purchases - 879 879 100% Debt Principal & Interest 32,483 32,484 1 0% Total Expenditures 32,483 33,363 880 3% Total Net Levy 32,483 33,579 1,096 3% Notes 144 2018 2018 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (19,000) (19,000) -0% Total Revenues (19,000) (19,000) - Expenditures Labour 71,047 71,506 459 1% Purchases 35,223 36,370 1,147 3% Contracted Services 2,100 2,120 20 1% Contribution to Reserves 19,000 19,000 -0% Interfunctional Adjustments (3,581) (3,534) 47 1% Total Expenditures 123,789 125,462 1,673 1% Total Net Levy 104,789 106,462 1,673 2% Notes 145 Report Title Community Strategic Plan Update Report No. CL 18-15 Author Laura Pickersgill, Legislative Services Coordinator Meeting Type Council Meeting Council Date May 14, 2018 Attachments Status Chart Page 1 / 5 CL 18-15 Community Strategic Plan Update RECOMMENDATION THAT Council receives Report CL 18-15, Community Strategic Plan Update, as information. OBJECTIVE The purpose of this Report is to provide Council with an update on the status of the action items identified within the four strategic objective themes of the Community Strategic Plan. BACKGROUND The Community Strategic Plan was endorsed by Council on January 12, 2015. On March 27, 2017, staff provided Council with an update on the status of achievement of the goals identified within the four strategic objective themes of the Community Strategic Plan. This report provides a further update of these action items. This report will outline the status of the action items that are within the short term (1-3 years) and medium term (3-5 years) time frames. This year (2018) is year three of the plan. Short Term Action Items (1 to 3 years): 1. Excellence in Local Government The Town of Tillsonburg website has been updated and is available to the public. This website allows for streamlined communication and to effectively inform and engage the community. A communications strategy has been drafted and was brought to the Senior Leadership Team (SLT) for review in Q2 of 2018. Currently, a customer service survey is being conducted. The 146 Page 2 / 5 CL 18-15 Community Strategic Plan Update Town has a Facebook page with 3,070 followers. There is a team dedicated to managing this page along with the Town website. Staff are responding to questions and receiving input from the community. The Town produces a one page weekly ‘community update’ in the Wednesday edition of the Tillsonburg newspaper. This update includes information such as: current events, initiatives, projects and contact information. Regular updates are posted on the Town website. Each page of the Town website includes contact information at the bottom of each page for the relative department. Public engagement has been enhanced through the use of compliment and complaint forms completed on the Town website. Overall, the short-term goals of excellence in local government have been achieved and providing better service to the community is our goal. 2. Economic Sustainability Following up from items in the 2008 Economic Strategy, there were conceptual drawings done in 2015 to be implemented into the Airport Master Plan. The Master Plan is scheduled to be reviewed by the Operations Department in 2018-2019. The runway at the airport had crack sealing done in 2017. The Airport Feasibility Plan is identified in the 2018 Operations Business Plan and in Operations 2019, under the section Business Plan (Forecast). The Plan is to determine water system improvements based on updated assessment and which hydro infrastructure upgrade/alternatives are most suitable for the Airport. The Operations and Economic Development Departments are working together to leverage the airport and create increased usage of its land base. Council has awarded funding to develop a cluster model for Tillsonburg manufacturing sections with implementation from Q2 in 2018 to Q1 in 2019. This model will allow external stakeholders to reassess key economic clusters (emerging and existing) and determine if any updates are required to the Economic Strategy. 147 Page 3 / 5 CL 18-15 Community Strategic Plan Update The Downtown Revitalization Recruitment initiative has been identified in the 2018 Business Plan. This will formally identify gaps in retail services and provide retail diversification recommendations. The 2018 budget includes funding to be dedicated towards a Youth Robotics Challenge. This program has been running for the past few years to enhance the skills and knowledge of Tillsonburg’s youth. This program is aimed at matching the career interest of students with employment opportunities and in-demand skills. Overall, the Town is moving in a positive direction to satisfy the 1-3 year term of Economic Sustainability goals of the CSP. 3. Demographic Balance The Town has been successful in launching a campaign that showcases successful long-term Tillsonburg residents and local young professionals. The Special Awards Committee is responsible for recognizing monthly volunteers. The Committee also coordinates receiving nominations for Province wide awards. Beginning in 2018, the Committee is responsible for nominating and organizing the Citizen of the Year event. The Tillsonburg and District Chamber of Commerce presents an award to a young professional in the Town. Staff have contacted Glendale High School Guidance Department to determine how the Town can assist with having the 40 hours community service program more fulfilling for both students and the community. A response is currently pending. 4. Culture & Community The Economic Development Officer was tasked to develop and implement a Tourism Marketing Strategy in line with the recommendation of the 2008 Economic Strategy. The Tourism responsibilities under this goal have been directed to the Recreation, Culture and Parks Department. The resident attraction program currently in place, the “Discover Tillsonburg” program, is a partnership with local builders. This campaign targets prospective residents to encourage them to move to the Town of Tillsonburg by promoting the Town’s assets and services. 148 Page 4 / 5 CL 18-15 Community Strategic Plan Update The Town adopted new branding in 2016 with the implementation nearing its completion. The brand specifically targets the “middle third” demographic. The Cultural Improvement Alliance was to expand and enhance local festivals to attract a greater number of tourists. The Alliance was discontinued in 2017. In order to measure success of the annual implementation of the Community Parks, Recreation and Cultural Strategic Master Plan the progress reports have been provided to the Parks and Recreation Advisory Committee for review. The Town has partnered with TGO to provide an affordable and convenient transportation option throughout the Town. The components of this section have been successfully implemented to date. In addition, the Town has received confirmation of eligibility for a Provincial Grant for an intercommunity bus service of up to $1,457,732. Medium Term Action Items (3 to 5 years) 1. Excellence in Local Government There was a Town Hall style meeting hosted in April 2016. There will be another Town Hall style meeting hosted in June 2018 at the Marwood Lounge. SLT will present their successes and upcoming projects to residents. SLT discusses how the CSP initiatives are being incorporated into the Town’s budget during SLT and budget meetings. Overall, the Town is moving in the right direction with respect to completing the medium term goals of excellence in local government. 2. Economic Sustainability The Economic Development Officer’s 2019 Business Plan will include an updated forecast for action of the Economic Strategy. The Community Improvement Plan has been approved and implemented. There are regular outcalls being made from funding program representatives to ensure that local businesses are accessing appropriate opportunities. This will market financial assistance opportunities to existing and new local industries. 149 Page 5 / 5 CL 18-15 Community Strategic Plan Update The Town is currently working with local educational institutions and businesses to perform job shadowing and internship programs for students to provide exposure to local industry. 3. Demographic Balance The FARE Program is underway as well as the Jumpstart program. These programs have been implemented as a strategy for addressing family needs. RCP is working with Oxford County to facilitate a service provider that would work with families on social assistance. The Community Improvement Plan was approved on February 13, 2017 and funding will be developed in subsequent years subject to Council approval. An accessibility award has been created and presented to Tillsonburg businesses that have newly built or renovated buildings which include enhanced accessibility features. In 2017, this award was presented to St. Mary’s Catholic Church and to the Tillsonburg Dental Centre. 4. Culture & Community As the Cultural Improvement Alliance was discontinued in 2017, a new strategy will be developed in the 2019 RCP business plan. New residents are provided with a welcome package containing information pertaining to the Town of Tillsonburg. The Welcome Wagon Organization provides baskets to new residents and shares community information with them. FINANCIAL IMPACT/FUNDING SOURCE The financial impact/funding source is not identified at this time. COMMUNITY STRATEGIC PLAN (CSP) IMPACT A Community Strategic Plan establishes a vision for the future that reflects community ideas and aspirations, guides priority setting and ensures that programs and services address the changing needs of the community. 150 Goal Action Item Short Term (1-3 years) Medium Term (3-5 years) Long Term (5-10 years) 1. Excellence in Local Government 1.1 Demonstrate strong leadership in Town initiatives Identify a staff member responsible for leading implementation of the Community Strategic Plan (CSP Coordinator) Host annual “Town Hall” style meetings where the Town’s Senior Management team provides status updates on CSP implementation and successes to-date -Legislative Services Coordinator has taken on the role of drafting this report -Meeting will be hosted in June, 2018 at the Marwood Lounge CSP Coordinator to meet with citizen-led initiatives on a monthly basis to gain input from the community and identify issues that require the Town’s attention 1.2 Streamline communication and effectively collaborate within local government Development and Communication Services (DCS) to create and implement a Communication Strategy for Town staff DCS to perform an internal audit of communication effectiveness -Website is completed -Draft Communications strategy has been updated and brought to SLT in Q2 2018 -Action Items to commence with SLT direction 151 CSP Coordinator to hold annual discussions with local community groups to gain feedback on the effectiveness of Town communications DCS/CSP Coordinator to revise Communication Strategy and webpage based on community feedback -Customer service survey is being conducted DCS to develop and CSP Coordinator to manage a webpage for ongoing community input, ideas, and questions -Facebook page is running -Web team responds to online inquiries through the Town’s website -public engagement is enhanced through the compliment/complaint form on the website 1.3 Demonstrate Accountability DCS to provide the public with regular updates on and contacts for Town initiatives Town’s Senior Management team to provide overview and discussion of how CSP initiatives are incorporated into Town’s annual budget at annual “Town Hall” style meetings -Weekly community update section in the Tillsonburg newspaper -Town website shows contact information for -In progress at SLT and budget meetings -All staff reports are required to show how they support the CSP 152 departments 2. Economic Sustainability 2.1 Support new and existing businesses and provide a variety of employment opportunities Economic Development Office (EDO) to measure success to-date of implementing the recommendations / action items of the 2008 Economic Strategy EDO to produce an updated Economic Strategy EDO to work with the Chamber of Commerce and other appropriate stakeholders to explore opportunities to leverage the presence of the Tillsonburg Regional Airport, as per the Town’s Economic Strategy -Conceptual drawings done in 2015 to be implemented into Airport Master Plan -Master Plan to be reviewed by Operations Dept. in 2018-19 -Airport Feasibility Plan identified in 2018 Operations Business Plan Operations -Depts. Working together to leverage airport higher usage of land -Update forecasted for action in 2019 Business Plan EDO to organize and host workshop(s) with external stakeholders to reassess key economic clusters (emerging and existing) and determine any required updates to the Economic Strategy EDO and CSP Coordinator to monitor implementation of new Economic Strategy and provide annual summary reports -Funding has been -Not started 153 awarded to develop a cluster model for Tillsonburg manufacturing sectors with implementation from Q2 2018 to Q1 2019 EDO to market existing financial assistance opportunities for existing and new local industry -Community Improvement Plan been approved and implemented -Regular outcalls are made with funding program representatives to ensure local businesses are accessing appropriate opportunities 2.2 Provide diverse retail services in the downtown core EDO to form partnerships with the BIA and other stakeholders to develop a Retail Diversification Strategy that formally identifies gaps in retail services and provides retail diversification recommendations EDO and CSP Coordinator to implement and monitor the recommendations of the Retail Diversification Strategy EDO and CSP Coordinator to evaluate progress made and make necessary adjustments to the Retail Diversification Strategy -Downtown Revitalization Recruitment initiative identified in 2018 Business Plan -Strategy is currently being monitored EDO to work with the BIA 154 and other stakeholders to develop and launch a “shop local” campaign -Not started 2.3 Provide appropriate Education and training Opportunities in line with Tillsonburg’s economy EDO to work with Glendale High School and local business and industry leaders to hold a workshop series focused on matching the career interests of students with employment opportunities and in-demand skills EDO to work with Glendale High School’s Technological Studies Department to offer high school trades programs in line with Tillsonburg’s industries EDO to revisit and refresh programs to reflect economic trends and changes -2018 budget includes funding for the Youth Robotics Challenge -Survey of work force needs was conducted in 2015, but needs to be updated EDO to collaborate with the local Fanshawe College campus to match education and training with local industry EDO to explore partnerships and/or collaborations with additional post-secondary institutions -Survey of work force needs was conducted in 2015, but needs to be updated Initial discussions with Multi- Service Centre underway EDO to work with local educational institutions and businesses to launch a job shadowing/internship program for students to provide exposure to local industry 155 -In progress 3. Demographic Balance 3.1 Make Tillsonburg an attractive place to live for youth and young professionals CSP Coordinator to work with DSC to launch a campaign that showcases successful long-term Tillsonburg residents and local young professionals CSP Coordinator to form partnerships with stakeholders to work with Glendale High School and Student Council to assess the effectiveness of the existing Cooperative Education program CSP Coordinator to work with stakeholders to tailor and market the Business Mentorship Program to focus on establishing new entertainment venues targeted to young adults -Special Awards Committee recognizes monthly volunteers -Committee is selecting the 2018 Citizen of the Year from nominations received -Chamber presents an award to young professional in the Town -Not started CSP Coordinator to work with local community organizations to identify ways in which the 40 Hours Community Service program can be more fulfilling for both students and the community CSP Coordinator to work with Town Council to establish an honorary Council position for a Teen Advisory Group representative -Staff contacted Glendale High School guidance dept. to determine how this program can be enhanced -Not started 156 3.2 Provide opportunities for families to thrive CSP Coordinator to consult with local families on their needs and explore the necessity of providing additional support to families CSP Coordinator to devise and implement a strategy for addressing family needs -Not started -In progress, FARE program underway, Jumpstart program prepared to administrate, contract with Oxford County to designate service provider for families on social assistance CSP Coordinator to work with Town and local community organizations to promote existing volunteer opportunities -Not started 3.3 Support the aging population and an active senior citizenship CSP Coordinator to meet with Tillsonburg Seniors Centre to confirm seniors’ health care needs and gaps in local services Town Leadership to work with the South West LHIN Board of Directors Tillsonburg representative for provision of needed seniors’ health care and support services Town Leadership to continue to work with South West LHIN to implement strategy to meet local seniors’ health care and support services needs -Completed -Not Started EDO to work with the Accessibility Advisory Committee (AAC) to incorporate financial EDO to market available CIP financial incentive programs for universal accessibility to local businesses 157 incentives for universal accessibility features into existing Community Improvement Plans (CIPs) -CIP approved Feb 13-2017, funding will be developed in future years subject to Council approval -Accessibility awards are presented to newly built/renovated businesses in Town that include accessible features Town Operations to retrofit municipal infrastructure such as sidewalks for universal accessibility where needed -Ongoing since 2016 4. Culture & Community 4.1 Promote Tillsonburg as a unique and welcoming community EDO to develop and implement a Tourism Marketing Strategy in line with the recommendation of the 2008 Economic Strategy CIA to explore and organize additional opportunities to showcase local talent EDO to revisit and expand Tourism Marketing Strategy to new target areas -Tourism Responsibilities moved to RCP -Resident attraction program (Discover Tillsonburg) in place in partnership with local -CIA project discontinued in 2017 -Strategy to be developed in 2019 RCP Business Plan 158 builders -New town/community branding approved in 2016 with implementation nearing completion. The brand specifically targets the “middle third” demographic CSP Coordinator to work with Parks and Recreation and Cultural Improvement Alliance (CIA) to expand and enhance local festivals to attract a greater number of tourists CSP Coordinator to organize a new “Welcoming Committee” comprised of local citizens that corresponds with new residents -CIA project discontinued in 2017 -New residents provided with Welcome Package -Welcome Wagon provides baskets and information 4.2 Provide a variety of leisure and cultural opportunities to suit all interests Parks and Recreation to measure success to-date of implementing the recommendations / action items of the Community Parks, Recreation & Cultural Strategic Master Plan Parks and Recreation and CSP Coordinator to monitor implementation of Community Parks, Recreation & Cultural Strategic Master Plan and provide annual summary reports -Annual progress report submitted to Parks & Recreation Advisory Committee -Annual progress report submitted to Parks & Recreation Advisory Committee 4.3 Improve mobility and promote environmentally Town Senior Management to explore viability of Town Senior Management to implement a suitable 159 sustainable living alternative transportation options such as community transportation, car share programs and bike share programs transportation program and support the program through Town-wide marketing -Partnership with TGO -Partnership with TGO 160 Report Title Amend Smoking By-Law: Cannabis Report No. CL 18-18 Author Laura Pickersgill, Legislative Services Coordinator Meeting Type Council Meeting Council Date May 14, 2018 Attachments Page 1 / 2 CL 18-18 Amend Smoking By-Law- Cannabis RECOMMENDATION THAT Council receives Report CL 18-12, Amend Smoking By-Law: Cannabis; AND THAT an amending By-Law be brought forward for Council consideration. OBJECTIVE This report’s intent is to summarize the proposed changes to the smoking by-law to encompass upcoming legislation for legalization of cannabis. BACKGROUND As of July 1, 2018 The Electronic Cigarette Act and the Smoke Free Ontario Act will be repealed and the Smoke Free Ontario Act, 2017 will be in effect. The Southwestern Health Unit will be responsible for administering and enforcing the Smoke-Free Ontario Act, 2017. This act contains provisions restricting the use of tobacco, electronic cigarettes, and medical cannabis in a number of public places. Bill C-45, The Cannabis Act, 2017, S.O. 2017, is not yet in force and is currently in committee (Senate). There is no indication as to when the Bill will receive Royal Ascent. In 2018, Canada is planning to amend sections of the Controlled Drugs and Substances Act, the Criminal Code and other affected statutes to provide for the legal access to cannabis and to allow for the control and regulation of its production, distribution and sale. In January, 2018, a meeting was held with the Town Clerk Donna Wilson, OPP Inspector Hymers, Police Services Board Chair Larry Scanlan, Chief Building Official Geno Vanhaelewyn, County Planner Eric Gilbert, By-Law Enforcement Officer Dan Smukavich and Legislative Services Coordinator Laura Pickersgill. Discussion was held regarding the pending legalization for legalizing cannabis in Canada in 2018. 161 Page 2 / 2 The current proposed Cannabis Act (Bill C-45) will create a new legal framework for controlling the production, distribution, sale and possession of cannabis across Canada. The status and enforcement of cannabis laws will have a significant impact on the allocation of resources within Canada’s enforcement and criminal justice system, as well as impact federal, provincial and municipal level jurisdictions. This by-law amendment is a proactive approach for the municipality to amend the smoking by-law to include cannabis and cannabis extracts in the definition of a “smoking product” to encompass this legalization. Definition 1.10 of By-law 3596 would be amended to include the word cannabis under the definition of a “smoking product”. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 3 – Demographic Balance 3.1 - Make Tillsonburg an attractive place to live for youth and young professionals. 3.2 - Provide opportunities for families to thrive 162 Report Title Mobile Storage Shelving Report No. CL 18-19 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date May 14, 2018 Attachments Design drawing Page 1 / 4 CLK 18-19 shelving RECOMMENDATION THAT Council receives Report CL 18-19 Mobile Storage Shelving; AND THAT Council authorizes the additional expenditure for the Mobile Storage Shelving Project to come from the IT reserve fund; AND THAT Council awards the project to Ronan Systems Ltd. at the cost of $29,190.00 plus HST. BACKGROUND In 2015 the Town hired a Records Management Coordinator to develop and implement effective records and information management (RIM) practices and policies. These practices are key to ensuring compliance with the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) or the acts. Good records management is an essential pillar that supports the Freedom of Information process in Ontario. The public’s statutory right to access government-held information cannot be fulfilled unless public servants properly document government programs and activities and maintain records in a well-organized manner. DISCUSSION There is a growing demand and expectation for governments to embrace free sharing of records and to truly encompass transparency in governance. A great example of embracing free sharing of records is the Province of Ontario’s Open Data imitative. Poor records management practices can negatively impact our ability to: • respond to FOI requests • be transparent and accountable • implement and maintain Open Data and Open Information programs • ensure confidentiality and privacy of personal information 163 Page 2 / 4 CAO Dealing in recent years with the Information and Privacy Commissioner have shed more light on poor past practices that have placed the Town of Tillsonburg in an undesirable position. In one particular case, the Town has conceded that inadequate records management has left staff with the inability to confirm or deny the existence of corporate records. In addition, legal cases involving the Town have demonstrated that years of inadequate upkeep and neglect of records management have led to indispensable documents being lost, damaged, or ruined. Eventually, continued neglect is going to negatively impact the corporation both from a financial and a public relations standpoint. By developing a central records management storage centre which has the capacity to provide clear identified records for the entire corporation, this will ensure the municipality is in full compliance with legislation. This central storage will reduce the risks associated with litigation and dealings with provincial oversight bodies, such as the Information and Privacy Commission. A consistently applied records management program for all records will reduce the liabilities associated with document disposal by untrained staff. A well maintained records program can help ensure Managers, Directors and Council have the information they need when they need it. The Records Management Coordinator will be able to index and retrieve documents for managers and senior staff quickly so that decisions are made with all relevant information in mind. The Town’s files contain its institutional knowledge and memory. This knowledge is an irreplaceable asset that has been overlooked and neglected. Every day, we create records that could become background data for future management decisions and planning. These records document activities of the Town that future employees may use to research past dealings, precedents, or understand why decisions were made. The public will be served through initiatives like open data that assist with making the Town more accessible for records, which intern, increases the overall accountability and transparency of the Corporation. Currently there are records at various locations, Corporate, Public Works, Community Centre and the Museum. For the most part, those records are not properly recorded and there is no documented information on what those records are. In order to provide a central records management storage system we require shelving units that will allow for all corporate records to be located in a central repository. This will ensure records are documented, maintained and destroyed through proper legal processes. The vault is currently at its capacity and this system will allow us to maintain all municipal records in one storage location. This system will allow for the proper destruction of records once they have reached their retention schedule. Without this system we cannot maintain a central records storage system. 164 Page 3 / 4 CAO Mobile file shelving is a type of shelving that consists of adjustable units mounted on roller bearings that run on tracks fastened to the floor. These units move “Manually” and can be easily moved from side to side. This type of shelving can provide two to two and a half times the capacity of conventional shelving. Currently our space can hold 302 boxes and with mobile shelving the capacity is 1,029 boxes. In addition this system allows for 2,634 file inches for open file shelving and currently we have capacity for 2,160 file inches. Some advantages of Mobile Shelving are: • Cost effective, as it offers the highest possible density for records storage and accommodates growth; • Maximizes existing space by eliminating and compacting several storage cabinets or shelving units into a much smaller area; • Reduction in floor space to accommodate more units; • Units can be close together and locked which provides extra security. Current Shelving Units • We cannot accommodate the town corporate records at one location; • Current shelving accommodating boxes are full; • Space for additional records very limited – staking boxes more than two high on top shelf cause damage to boxes and records; • Currently there are a number of miss matched sizes of shelving and cabinets which results in a large amounts of wasted space. Staff obtained quotes from the four vendors in Ontario who provide the shelving product as follows: VENDOR LOCATION QUOTE TAB Products of Canada, Co. Willowdale, ON $39,800.00 + HST Brenneman Filing Systems Limited Waterloo, ON $30,290.00 + HST Spacesaver Solutions Inc. Aurora, ON $42,575.52 + HST Ronan Systems Ltd. Toronto, ON $29,190.00 + HST There are a number of options available for the shelving layouts, however the quotes were all provided for the same layout specifications. Their tracking systems are all very similar however hardware and shelving designs are unique to each company which may account for the price variations. Staff have contacted the references and reviewed the warranties on the two lowest quotes. Staff are recommending Ronan Systems Ltd., they have been in business for 48 years and their warranty is a full 10 year "bumper to bumper" warranty on parts and labour and a further lifetime 165 Page 4 / 4 CAO warranty on all parts (including moving parts such as chains, bearings, drive shafts, crank handles and wheels). The other product has a 10 year warranty on the metal parts, which includes shelving and the track and a one year warranty on labour and the moving parts. Ronan Systems Ltd is the company who provided the mobile shelving for the collection at the Tillsonburg Museum/Annandale House as well as provided the mobile shelving for the County of Oxford central records storage room at the new County Building. They have also provided mobile shelving for a number of Ministry Offices in Toronto and municipalities in Southwestern Ontario. FINANCIAL IMPACT/FUNDING SOURCE Funding for this will come from previous reserve contributions of $10,000 in the 2016 budget and the balance from the IT Reserve through savings on the new phone system. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Records are kept and maintained in a central storage centre which ensures the public’s statutory right to access government-held information. 166 DEALER CUSTOMER AREA REFERENCE APPROVED BY DATE SCALE REVISED BY DRAWN BY TITLE DATE REP CODE DATE DRAWING NUMBER IT IS THE RESPONSIBILITY OF THE SELLING DEALER TO VERIFY ANY & ALL DIMENSIONS SHOWN ON THIS DRAWING, ESPECIALLY THOSE SUPPLIED BY THE CUSTOMER. ANY ORDER PLACED FROM THIS DRAWING INDICATES THAT THE DIMENSIONS SHOWN HERE ARE CORRECT. PLEASE SIGN THIS DRAWING BELOW TO VERIFY ALL ITEMS ARE CORRECT. DATE IT AND SEND ALONG WITH YOUR ORDER. HIGH DENSITY SHELVING ROOM A1:69 GRC May 8/18 180507S RONEN SYSTEMS LTD Gary Clinker 905-475-0777 TOWN OF TILSONBURG THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND UPON THE EXPRESS CONDITION THAT IT WILL NOT BE USED IN ANY WAY DETRIMENTAL TO THE INTEREST OF DATUM FILING SYSTEMS, INC. © DATUM FILING SYSTEMS, INC. 2011 L1 L1L1R2 R5R4R4R2R4R4R2R4R4R3R4R5R4R2R4R4R5R4R4R4R4R4R2R4R4R4R4R5R3R4R2R5R2R5R5R4R242"W x 15"D H=85 1/4"SysH=90 3/4" R336"W x 15"DH=85 1/4"SysH=95 1/4" R542"W x 16"DH=85 1/4"SysH=90 3/4" R442"W x 32"DH=85 1/4"SysH=90 3/4" 2-HR32 23 1/4" 11 1/4" 23 1/4" 9 3/4" 2-SR32 23 1/4"23 1/4" 2-SR32 23 1/4"23 1/4" 2-SR32 11 1/4"11 1/4" 9 3/4"11 1/4" 11 1/4" 9 3/4" 11 1/4" 9 3/4" 11 1/4" 9 3/4" 11 1/4" 9 3/4" 11 1/4" 9 3/4" 9 3/4" 24'-6"25'-3"CAPACITY = 1,029 ARCHIVE BOXES + 2,058 LFI OPEN SHELF FILING + 576 LFI HR LOCKED SHELF FILING 6'-0" 13'-5" 167 Configura168 Report Title Appointment of By-Law Enforcement Officer Assistant Report No. DCS 18-19 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments N/A Page 1 / 1 DSC 18-19 Appointment of By-Law Enforcem RECOMMENDATION THAT Council receives Report DSC 18-19 Appointment of By-Law Enforcement Officer Assistant as information; AND THAT a By-Law to appoint Spencer McDowell as a By-Law Enforcement Officer for the Town of Tillsonburg be brought forward for Council consideration. EXECUTIVE SUMMARY Building and By-Law Services recently recruited Spencer McDowell as a By-Law Enforcement Assistant for the spring/summer duration. The job description requires the individual to provide assistance with parking enforcement duties. This report is to request Council for the official appointment of Spencer McDowell as a “By-Law Enforcement Officer” which will enact the individual with the ability to issue Part 2 fines related to Traffic and Parking By-Law 3701. BACKGROUND N/A CONSULTATION/COMMUNICATION N/A FINANCIAL IMPACT/FUNDING SOURCE No financial impact COMMUNITY STRATEGIC PLAN (CSP) IMPACT Objective 1 – Excellence in Local Government - Demonstrates strong leadership and accountability in Town initiatives. 169 Report Title Development Committee - Vacant Industrial and Commercial Land Inventory Report No. DCS 18-20 Author Cephas Panschow Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments Page 1 / 3 RECOMMENDATION THAT Council receive Report DCS 18-20 Development Committee - Vacant Industrial and Commercial Land Inventory; AND THAT Report DCS 18-20 Development Committee - Vacant Industrial and Commercial Land Inventory be forwarded to the County of Oxford Planning Department as part of their Vacant Industrial and Commercial Land Inventory update; AND THAT Council requests that the industrial properties identified in Report DCS 18-20 be removed from the inventory. EXECUTIVE SUMMARY The purpose of this report is to provide advice to Council regarding the Vacant Industrial and Commercial Land Inventory report and to provide these comments to the County of Oxford. BACKGROUND Oxford County Planning provided the Development Committee with an overview of their Industrial and Commercial Lands Inventory at their September 12, 2017 meeting. The Committee expressed concerned about some of the industrial parcels currently included in the inventory as these lands are constrained. The Committee was also concerned about the lack of available commercial parcels for development as this could limit opportunities for growth in the community. A Subcommittee was created and reported back to the Development Committee at their November 14, 2017 meeting: • Primary intent is to provide feedback to County on their vacant inventory study, but also to identify options to increase the industrial and commercial supply of land as well as underutilized areas (Stretch of Simcoe St, Parking lots) for redevelopment. The Subcommittee presented their review of vacant industrial/commercial sites at the December 12, 2017 meeting. In general, the County’s Industrial Lands Inventory has identified lands with development or environmental constraints and has removed them from the inventory. However, 170 Page 2 / 3 there are a few sites along Highway 3 and Vienna Road that should also be removed from the inventory. Although the Highway 3 Business Park will provide good options for new industrial development, there needs to be a more fulsome discussion around future urban growth areas. The Subcommittee agreed to continue their review and report back with a recommendation. At their March 13, 2018 meeting, the Development Committee supported the Subcommittee’s recommendations including the removal of industrial properties totalling 207 acres from the Industrial Inventory and a request be sent to the County to investigate ways to increase the supply of commercial land as well as options for future growth. Properties to be removed from the Industrial Land Inventory: • 1,101 Highway 3 (front and rear sites) – 167 Acres o Recommended to be removed from the Industrial Land Inventory due to distance from Clearview Drive South/Street “A” access and services as well as unlikelihood of being able to acquire. • 166 Vienna Road – 35 Acres o Recommended to be removed from the Industrial Land Inventory until legal access is able to be secured. • 170 Vienna Road – 5 Acres o Recommended to be removed from the Industrial Land Inventory as services are not present and there are other market factors that make this site unlikely to be developed for industrial uses in the future • Total of 207 Acres The Development Committee also recommends that the County research opportunities to increase the supply of commercial development land in order to ensure that a suitable supply is available to attract new commercial investment to the Town. COMMUNITY STRATEGIC PLAN Supporting this recommendation is consistent with the Town’s Community Strategic Plan: Section Action Item Comment 2.1 Support new and existing businesses and provide a variety of employment opportunities Ensuring a suitable supply of industrial and commercial land will help attract new businesses and provide opportunities for existing businesses to grow 171 Page 3 / 3 CONSULTATION/COMMUNICATION The Development Committee is an advisory committee to Town Council and they have reviewed the Vacant Industrial and Commercial Land Inventory and are providing their advice to Council for consideration. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts related to this report. 172 Report Title Downtown Parking and Accessibility Study Report No. DCS 18-21 Author Cephas Panschow Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments Downtown Parking and Accessibility Study Overview Presentation Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 18-21 Downtown Parking and Accessibility Study; AND THAT Downtown Parking and Accessibility Study be approved in principle to guide future parking needs, including potential redevelopment of municipal parking lots, improvements around the Town Centre Mall, accessible parking spaces, and electric vehicle charging stations. EXECUTIVE SUMMARY The purpose of this report is provide an overview of the Downtown Parking and Accessibility Study and to seek approval in principle for the recommendations contained therein. If approved, the study will be incorporated into future Departmental Business Plans and will require an update to the Town’s Traffic and Parking Bylaw. BACKGROUND A request for proposals (RFP) for the provision of a downtown parking study was released on October 13, 2017 and subsequently awarded to IBI Group on November 15, 2017. The project objectives were to: o Identify future parking requirements based on current parking demand rates, forecast developments, transit initiatives, changing demands for parking space types (e.g. bike versus car), Accessibility for Ontarians with Disabilities Act (AODA) legislative requirements, and other changes in order to optimize use of the parking lots; o Identify parking lots, or areas within parking lots, that may be better suited to higher uses, including intensification related developments; o Conduct a review of traffic flow, sightlines, accessible parking and signage requirements around the Town Centre Mall; o Review accessible parking and make recommendations on changes that may be required; 173 Page 2 / 4 o Review opportunities to add accessible parking spaces along main streets in the downtown core and particularly in proximity to parking sensitive uses, i.e. health and medical care, etc; o Review existing accessible parking spot locations in the downtown core and identify preferred locations based on the results of this study’s identification of primary areas of pedestrian traffic (i.e. mid-block, end-of-block, etc); o Review the quantity of accessible parking stalls in existing municipal parking lots against current legislation and standards and determine the preferred locations and quantity of accessible parking stalls based on primary areas of pedestrian traffic identified in this study; o Identify potential E-vehicle, including E-bikes, parking and charging locations; and, o Determine the installation feasibility of any proposed mid-block, end-of-block, etc, accessible parking locations (i.e. curb cuts, ramps, etc.) within existing environment, complete with cost estimates. An internal committee comprised of the following staff was established to provide input into the study and guide the completion of the study: o Chief Building Official o Development Commissioner o Director of Operations o Manager of Engineering o Senior Planner The internal committee met with the consultant a number of times and has provided extensive input into the study. Staff is already reviewing the recommendations contained in the report and are developing additional plans regarding the front/rear mall entrance and the implementation of additional accessible parking spaces. This information will be brought forward in a future report. 174 Page 3 / 4 COMMUNITY STRATEGIC PLAN Supporting this recommendation is consistent with the Town’s Community Strategic Plan: Section Action Item Comment 1.2 Streamline communication and effectively collaborate within local government This study was developed with extensive input from various Town departments as well as input from the Accessibility Advisory Committee, the Development Committee, and the downtown Business Improvement Association. If approved, there will also be opportunity for input from members of the public as the initiatives are developed. 2.1 Support new and existing businesses and provide a variety of employment opportunities If approved, there will be the opportunity to redevelop some lower usage parking lots, thereby enabling increased opportunities for commercial businesses in the downtown 3.2 Provide opportunities for families to thrive The review of accessible parking spaces prompted an idea to also add “parent friendly” spaces in municipal parking lots and in on-street areas as this is consistent with our branding target of the “middle third” of people. If approved, this could improve the perception of Tillsonburg. 3.3 Support the aging population and an active senior citizenship Increasing the number of accessible and senior friendly parking spaces will improve access to the downtown and make downtown Tillsonburg more accessible to this demographic 175 Page 4 / 4 CONSULTATION/COMMUNICATION A summary of the draft report was presented to the Development Committee (March 13), the Accessibility Advisory Committee (March 13), and the Downtown Business Improvement Association board (March 22). Their comments have been considered and/or incorporated into the final report. If approved, staff recommend a public engagement plan be developed as there is the potential for significant improvements in the level of service provided to the community based on the recommendations contained in this study. As well, redeveloping an existing municipal lot would require a mitigation strategy in order to reduce the impact to the current users of that lot. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts related to this report. However, if the report is approved, there would be financial impacts related to increasing the number of accessible and friendly parking spaces, improvements to the Town Centre Mall entrances, etc. These initiatives and related costs will be brought forward in future departmental Business Plans. 176 Report Title Downtown Parking and Accessibility Study Report No. DCS 18-21 Author Cephas Panschow Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments Downtown Parking and Accessibility Study Overview Presentation Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 18-21 Downtown Parking and Accessibility Study; AND THAT Downtown Parking and Accessibility Study be approved in principle to guide future parking needs, including potential redevelopment of municipal parking lots, improvements around the Town Centre Mall, accessible parking spaces, and electric vehicle charging stations. EXECUTIVE SUMMARY The purpose of this report is provide an overview of the Downtown Parking and Accessibility Study and to seek approval in principle for the recommendations contained therein. If approved, the study will be incorporated into future Departmental Business Plans and will require an update to the Town’s Traffic and Parking Bylaw. BACKGROUND A request for proposals (RFP) for the provision of a downtown parking study was released on October 13, 2017 and subsequently awarded to IBI Group on November 15, 2017. The project objectives were to: o Identify future parking requirements based on current parking demand rates, forecast developments, transit initiatives, changing demands for parking space types (e.g. bike versus car), Accessibility for Ontarians with Disabilities Act (AODA) legislative requirements, and other changes in order to optimize use of the parking lots; o Identify parking lots, or areas within parking lots, that may be better suited to higher uses, including intensification related developments; o Conduct a review of traffic flow, sightlines, accessible parking and signage requirements around the Town Centre Mall; o Review accessible parking and make recommendations on changes that may be required; 177 Page 2 / 4 o Review opportunities to add accessible parking spaces along main streets in the downtown core and particularly in proximity to parking sensitive uses, i.e. health and medical care, etc; o Review existing accessible parking spot locations in the downtown core and identify preferred locations based on the results of this study’s identification of primary areas of pedestrian traffic (i.e. mid-block, end-of-block, etc); o Review the quantity of accessible parking stalls in existing municipal parking lots against current legislation and standards and determine the preferred locations and quantity of accessible parking stalls based on primary areas of pedestrian traffic identified in this study; o Identify potential E-vehicle, including E-bikes, parking and charging locations; and, o Determine the installation feasibility of any proposed mid-block, end-of-block, etc, accessible parking locations (i.e. curb cuts, ramps, etc.) within existing environment, complete with cost estimates. An internal committee comprised of the following staff was established to provide input into the study and guide the completion of the study: o Chief Building Official o Development Commissioner o Director of Operations o Manager of Engineering o Senior Planner The internal committee met with the consultant a number of times and has provided extensive input into the study. Staff is already reviewing the recommendations contained in the report and are developing additional plans regarding the front/rear mall entrance and the implementation of additional accessible parking spaces. This information will be brought forward in a future report. 178 Page 3 / 4 COMMUNITY STRATEGIC PLAN Supporting this recommendation is consistent with the Town’s Community Strategic Plan: Section Action Item Comment 1.2 Streamline communication and effectively collaborate within local government This study was developed with extensive input from various Town departments as well as input from the Accessibility Advisory Committee, the Development Committee, and the downtown Business Improvement Association. If approved, there will also be opportunity for input from members of the public as the initiatives are developed. 2.1 Support new and existing businesses and provide a variety of employment opportunities If approved, there will be the opportunity to redevelop some lower usage parking lots, thereby enabling increased opportunities for commercial businesses in the downtown 3.2 Provide opportunities for families to thrive The review of accessible parking spaces prompted an idea to also add “parent friendly” spaces in municipal parking lots and in on-street areas as this is consistent with our branding target of the “middle third” of people. If approved, this could improve the perception of Tillsonburg. 3.3 Support the aging population and an active senior citizenship Increasing the number of accessible and senior friendly parking spaces will improve access to the downtown and make downtown Tillsonburg more accessible to this demographic 179 Page 4 / 4 CONSULTATION/COMMUNICATION A summary of the draft report was presented to the Development Committee (March 13), the Accessibility Advisory Committee (March 13), and the Downtown Business Improvement Association board (March 22). Their comments have been considered and/or incorporated into the final report. If approved, staff recommend a public engagement plan be developed as there is the potential for significant improvements in the level of service provided to the community based on the recommendations contained in this study. As well, redeveloping an existing municipal lot would require a mitigation strategy in order to reduce the impact to the current users of that lot. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts related to this report. However, if the report is approved, there would be financial impacts related to increasing the number of accessible and friendly parking spaces, improvements to the Town Centre Mall entrances, etc. These initiatives and related costs will be brought forward in future departmental Business Plans. Funding for implementation is also potentially available in the Downtown Parking Reserve, which is forecast to have a balance of $311,416 at the end of 2018. 180 Report Title 2018 BUDGETARY ESTIMATES AND TAX RATES Report No. FIN 18-12 Author DENIS DUGUAY Meeting Type Council Meeting Council Date MAY 14, 2018 Attachments • 2018 FINAL LEVY BY-LAW 4194 Page 1 / 1 2018 Final Tax Levy Report RECOMMENDATION THAT Council receives report FIN18-12 2018 Budgetary Estimates and Tax Rates. AND THAT By-Law No. 4194 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2018 be brought forward for Council consideration. EXECUTIVE SUMMARY To present the By-Law adopting the 2018 budgetary estimates and tax rates to Council for consideration. FINANCIAL IMPACT/FUNDING SOURCE At the Council meeting held on February 12, 2018, Council adopted the 2018 budget and business plans establishing a requirement from taxation for general purposes of $14,815,000. To meet this levy requirement, tax rates founded on the 2016 current value phase-in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. Attached is By-Law No.4194 specifying the approved levy amount along with Schedule “A” that provides for the applicable calculated 2018 tax rates to generate the levy amounts for each requisitioning body. The By-law will be brought forward later in this meeting for three readings. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A 181 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 4194 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2018. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2018, and endorsed by resolution, February 12th, 2018, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $14,815,000 . B) A special levy for core area parking of $141,500 C) A special levy for the Business Improvement Area of $130,116 2) That the tax rates hereby adopted for each class for the year 2018, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 23, 2018 SECOND INSTALMENT Thursday, October 25, 2018 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2018 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2018, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 182 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2018 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MAY, 2018. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 183 2018 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00765228 0.00022882 0.00402892 0.00170000 0.01361002 0.00113187 0.01474189 MT MULTI-RESIDENTIAL 0.01743342 0.00052130 0.00954854 0.00170000 0.02920326 0.00268254 0.03188580 CT COMMERCIAL 0.01455310 0.00043517 0.00766219 0.01340000 0.03605046 0.00215260 0.00200130 0.04020436 XT COMMERCIAL NEW CONSTRUCTION 0.01455310 0.00043517 0.00766219 0.01090000 0.03355046 0.00215260 0.00200130 0.03770436 CU EXCESS LAND 0.01018717 0.00030462 0.00536354 0.00938000 0.02523533 0.00150682 0.00140091 0.02814306 CX VACANT LAND 0.01018717 0.00030462 0.00536354 0.00938000 0.02523533 0.00150682 0.00140091 0.02814306 XU COM'L NEW CONST. - EXCESS LAND 0.01018717 0.00030462 0.00536354 0.00763000 0.02348533 0.02348533 IT INDUSTRIAL 0.02012550 0.00060179 0.01059606 0.01340000 0.04472335 0.04472335 JT INDUSTRIAL NEW CONSTRUCTION 0.02012550 0.00060179 0.01059606 0.01090000 0.04222335 0.04222335 IU EXCESS LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 IX VACANT LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 LT LARGE INDUSTRIAL 0.02012550 0.00060179 0.01059606 0.01340000 0.04472335 0.04472335 LU EXCESS LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 PT PIPELINES 0.00963652 0.00028815 0.00507362 0.01033737 0.02533566 0.02533566 FT FARMLAND 0.00179829 0.00005377 0.00094680 0.00042500 0.00322386 0.00322386 R1 FARMLAND DEV PH 1 0.00344352 0.00010297 0.00181302 0.00076500 0.00612451 0.00612451 GT PARKING LOT 0.01455310 0.00043517 0.00766219 0.01340000 0.03605046 0.03605046 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 Schedule "A " to By-Law 4194 184 Report Title Connecting Link Program Contribution Agreement Report No. OPS 18-12 Author Kevin De Leebeeck, P. Eng., Director of Operations Meeting Type Council Meeting Council Date May 14, 2018 Attachments • Connecting Link Contribution Agreement Page 1 / 1 RECOMMENDATION: THAT Council receive Report OPS 18-12, Connecting Link Program Contribution Agreement; AND THAT a By-law authorizing Mayor and Clerk to execute the Connecting Link Contribution Agreement with the Province of Ontario be brought forward for Council consideration. SUMMARY In March 2018, the Town received correspondence from the Ministry of Transportation (MTO) that the Broadway Rehabilitation project (Town limit to south of North St.) has been approved for funding through the 2018-19 Connecting Link Program. Further to staff report OPS 17-26, and in order to receive the funding allocation, the Town must now execute the attached Connecting Link Contribution Agreement. The Agreement must be signed and sealed with three copies returned to the MTO along with a copy of the Council endorsed by-law to execute the project-level Agreement with the Province. CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Ministry’s Regional Operations Officer assigned to the project file. Town staff will finalize the design and tender the contract for construction in late summer of 2018. FINANCIAL IMPACT/FUNDING SOURCE The total project cost estimate, less rebatable taxes, is $1,083,960. Under the Connecting Link Program, the Province will contribute 90% up to a maximum of $975,564. The remaining $108,396 of the project constitutes the Town’s 10% portion funded by $92,900 in Linear Infrastructure Reserves, $6,500 in DC Reserves and $9,000 in Taxation as per the approved 2018 budget. COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. 185 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 1 of 44 CONNECTING LINKS PROGRAM CONTRIBUTION AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Transportation (“Ontario”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS subsection 21(2) of the Act states that every such highway remains under the jurisdiction and control of the road authority; AND WHEREAS subsection 44(1) of the Municipal Act, 2001 S.O. 2001, c. 25, s. 485(1) as amended from time to time, states that a municipality that has jurisdiction over the highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Recipient and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; 186 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 2 of 44 AND WHEREAS the Recipient has applied to the Connecting Links Program for funding to assist the Recipient in carrying out the Project and Ontario wishes to provide funding for the Project; AND WHEREAS the Recipient is eligible to receive funding under the Connecting Links Program to undertake a Project; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. “Act” means the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended from time to time. “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Adjust the Funds” means Ontario’s right to adjust, without limitation, liability, costs or penalty any Funds provided to the Recipient in respect of the Project under this Agreement. “Agreement” means this agreement between Ontario and the Recipient, including all Schedules attached hereto. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes. “Business Day” means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. “Communications Protocol” means the protocol set out under Schedule “F” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or financial interests that could, or could be seen, to interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. 187 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 3 of 44 “Connecting Link” means the highway named in Schedule “A” to this Agreement that is a highway under the jurisdiction of the Recipient and has been designated as a connecting link or as an extension of a King’s Highway by the Minister pursuant to subsection 21(1) of the Act. “Connecting Links Program” means the program administrated by the Ministry of Transportation to provide funding for the costs of the Connecting Link in accordance with the Act and the Connecting Links Program Guide. “Connecting Links Program Guide” means the Ministry’s document, entitled “Ministry of Transportation Connecting Links Program Guide,” as amended from time to time by the Ministry, that describes the Ministry’s Connecting Link Program. “Contractor” means any third-party contractor that the Recipient retains to undertake any part of the work related to the construction of the Project. “Consultant” means any third-party consultant, engineer, Project manager, architect or other service provider, as the case may be, the Recipient retains to undertake any part of the work related to the Project. “Contract” means a contract between the Recipient and a third party at Arm’s Length whereby the latter agrees to provide a good or service for the Project in return for financial consideration that may be claimed as an Eligible Cost. “Crown Agency” means a Crown Agency as defined in the Crown Agency Act (Ontario). “Effective Date” means the date set out at Part B.1 of Schedule “B” of this Agreement. “Eligible Costs” means the costs described in Part D.1 of Schedule “D” of this Agreement. “End of Funds Date” means the date set out in Part C.3 of Schedule “C” of this Agreement. “Event of Default” has the meaning given to it in section 15 of this Agreement. “Expiration Date” means the date set out in Part B.4 of Schedule “B” of this Agreement. “FIPPA” means the Freedom of Information and Protection of Privacy Act (Ontario). “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Fiscal Year” means the period beginning April 1st in any year and ending on March 31st of the following year. “Funds” means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. “Indemnified Party” means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees, servants and employees. 188 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 4 of 44 “Ineligible Costs” means the costs described under Part D.2 of Schedule “D” of this Agreement. “King’s Highway” means a highway designated as a King’s Highway by the Lieutenant Governor in Council pursuant to the Act. “Maximum Funds” means the amount set out under Part C.1 of Schedule “C” of this Agreement. “Minister” means the Minister of Transportation. “Ministry” means the Ministry of Transportation and any employees employed therewith. “Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. “Parties” means Ontario and the Recipient. “Party” means either Ontario or the Recipient, as the case may be. “Project” means the Work to be performed for the project described in Schedule “A” of this Agreement. “Project Completion Date” means the date set out in Part B.3 of Schedule “B” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario). “Reports” means the reports set out in section 13 of this Agreement and set out in Schedule “G” of this Agreement. “Requirements of Law” means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act (Ontario). “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. “Work” includes the goods and services to be performed to design, construct and reconstruct the Connecting Link and such other work described in the Connecting Links Program Guide consistent and necessary for the Project. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 189 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 5 of 44 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include the masculine and feminine variations thereof and vice versa and a singular pronoun shall be deemed to include a reference to the plural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recitals. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule “A” Project Description “B” Operational Requirements Under The Agreement “C” Financial Information For The Project “D” Eligible And Ineligible Costs “E” Aboriginal Consultation Requirements “F” Communications Protocol “G” Reporting Requirements 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. 190 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 6 of 44 SECTION 3 GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide up to the Maximum Funds to the Recipient in accordance with Schedule “C” of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete the Project. The Recipient must have such funding or have secured access to the funding prior to commencing the Project. Ontario may require proof that funding has been secured for the Project before providing any Funds under this Agreement. 3.2 Ontario’s Role Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario’s role is strictly limited to providing Funds and that Ontario will have no other involvement in the Project or its subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to the Project. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Project. The Recipient shall only use the Funds being provided under this Agreement towards Project, as described in Schedule “A” of this Agreement. The Recipient further agrees that it will not make any changes to the Project, as described in Schedule “A” of this Agreement, without first obtaining Ontario’s prior written consent. 3.5 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.6 Project Completion. The Project shall be Substantially Completed by the Project Completion Date. 3.7 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project. 3.8 Asset Retention. The Recipient shall comply with Part B.6 of Schedule “B” of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. 191 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 7 of 44 3.9 Behavior Of Recipient. The Recipient shall carry out any Project in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.10 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under this Agreement 3.11 Ontario May Impose Additional Conditions On The Recipient. Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs for the Project. 4.2 Deposit Of Funds In Interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 Interest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Reports set out under Schedule “G” of this Agreement. The Recipient shall, unless otherwise directed by Ontario, only use any interest earned on the Funds for Eligible Costs for the Project. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part D.1 of Schedule “D” of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part D.2 of Schedule “D” of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part D.1 of Schedule “D” of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided 192 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 8 of 44 under this Agreement, Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within twenty (20) Business Days of receiving a written demand from Ontario, after which the outstanding amount may be subject to interest charges in accordance with section 16.17 of this Agreement. Where the Recipient receives an overpayment and has not received a notice from Ontario in regards to that overpayment, the Recipient shall notify Ontario of the overpayment within twenty (20) Business Days of becoming aware of the overpayment. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement without liability, cost or penalty. 4.11 Funds Are Part Of Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after April 1, 2018 and prior to the Project Completion Date. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part C.4 of Schedule “C” of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, Ontario may withhold the payment of any Funds to the 193 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 9 of 44 Recipient without liability, costs or penalty until the Recipient has met the following conditions precedent: (a) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario’s request; (b) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario’s request; and (c) The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient under this Agreement without liability, costs or penalty where: (a) Ontario is of the opinion that the Project is not progressing in accordance with how other Projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Ontario Community Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. SECTION 6 RECIPIENT’S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.1 Recipient’s Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario’s rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; 194 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 10 of 44 (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (f) All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete as of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Additional Covenants. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 6.3 Recipient Shall Provide Proof Of Compliance Upon Ontario’s Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.2 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement without liability, costs or penalty until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of Interest. The Recipient shall ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of Interest. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest; and (b) Comply with any terms and conditions that Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. 195 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 11 of 44 SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense or arrange for its Consultant or Contractor to have all necessary insurance that would be considered appropriate for the Project and shall ensure that there is Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part B.2 of Schedule “B” of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (f) Tenants Legal Liability (for premises/building leases only); (g) Non-Owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers, servants, employees and agents arising out of or in any way related to this Agreement. 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: 196 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 12 of 44 (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Further Indemnification Requirements. The following are additional requirements related to the Recipient’s indemnification of Ontario: (a) The Recipient shall, at its own expense, to the extent requested by Ontario, participate in or conduct the defence of any proceedings against any Indemnified Party and any negotiations for their settlement; (b) Ontario may elect to participate in or conduct the defence of any proceeding by providing notice to the Recipient of such election without prejudice to any other rights or remedies that Ontario has under this Agreement, at law or in equity. Each Party participating in the defence shall do so by actively participating with the other’s counsel; (c) The Recipient shall not enter into a settlement of any proceeding against an Indemnified Party unless the Recipient has obtained the prior written approval of Ontario. If the Recipient is requested by Ontario to participate in or conduct the defence of any proceeding, Ontario will cooperate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations; and (d) If Ontario conducts the defence of any proceedings, the Recipient shall cooperate with and assist Ontario to the fullest extent possible in the proceedings and any related settlement negotiations. 9.5 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and 197 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 13 of 44 injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient shall also use commercially reasonable efforts to ensure that the terms and conditions set out under section 9.4 of this Agreement are included in any Contracts that the Recipient enters into with any third party. The Recipient further agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.5 of the Agreement as against any third party. 9.6 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the Recipient’s Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.6 of the Agreement as against any third party. SECTION 10 ACQUISITION OF GOODS AND SERVICES 10.1 Acquisition. Despite anything else contained in this Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired in a fair and transparent manner and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 10.2 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 10.3 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent and fair process that promotes the best value for the Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written quotes 198 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 14 of 44 unless Ontario gives prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for the equipment, services or supplies purchased. 10.4 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.5 Contracts. The Recipient shall ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (f) Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.6 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to the Project for a period of at least seven (7) years after the Term of this Agreement. 10.8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the extent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting Its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it 199 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 15 of 44 may have to consult with and, if required, accommodate any Aboriginal Group with an interest in the Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “E” of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as Ontario’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to the Project. 11.3 Recipient’s Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of Ontario in accordance with Schedule “E” of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions Ontario may issue in relation to consultations, including suspending or terminating the Project; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in the Project, as set out under Schedule “G” of this Agreement. 11.4 Recipient Shall Not Start Construction On The Project Until Recipient Provides Evidence To Ontario That Notice Of The Project Has Been Given To Identified Aboriginal Groups as Directed by Ontario. The Recipient shall not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups identified in accordance with Schedule “E” of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the Communications Protocol set out under Schedule “F” of this Agreement. SECTION 13 REPORTS 13.1 Reports. The Recipient shall submit the Reports set out in Schedule “G” of this Agreement in accordance with the dates set out for each of those Reports set out in Schedule “G” of the Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Additional Reports Upon Request. The Recipient shall, upon Ontario’s request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. 200 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 16 of 44 13.3 Compliance Attestation. The Recipient shall provide a compliance attestation that is signed by the Recipient’s Administrative Officer/Clerk or Treasurer for any reports required under sections 13.1 and 13.2 of this Agreement. SECTION 14 RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION 14.1 Recipient’s Obligations Under Agreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially-related documents relating to any Funds or otherwise in relation to the Project in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient’s Premises And Projects’ Premises At Any Time. Ontario reserves the right to inspect the Recipient’s premises and any premises of the Project at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon twenty-four (24) hours’ written notice and during normal business hours, enter the Recipient’s premises to review the status of the Project and to copy any financial records, invoices and other financially- related documents, including all Contracts the Recipient has entered into in relation to the Project. 14.3 Audits. Ontario may, at its own expense, conduct audits of the Project. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General’s cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General: (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or the Project as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Precedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement without liability, costs or penalty. 201 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 17 of 44 SECTION 15 DEFAULT AND TERMINATION 15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of this Agreement within 30 days of receiving written notice of the breach from Ontario; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of the other funding agreement within 30 days of receiving written notice of the breach from Ontario; (iv) The Recipient is unable to continue with the Project or the Recipient is likely to discontinue the Project; or, (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an Event of Default has occurred, Ontario shall have the following remedies: (a) Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 15.5 Ontario’s Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate 202 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 18 of 44 this Agreement at any time upon one hundred and eighty (180) days’ notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. As well, the rights, duties and powers of the Minister of Transportation under this Agreement may be exercised by the Regional Director for the Region where the Project is located. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall ensure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the notice provisions set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. For greater certainty, where Ontario chooses to waive a term or condition of the Agreement, such waiver shall only be binding if provided by a person who indicates in writing that he or she has specific authority to provide such a waiver. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver by Ontario of its rights to require strict performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 16.7 Time Is Of The Essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 203 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 19 of 44 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Recipient and the Regional Director of the Ministry’s Region where the Project is located. 16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Recipient’s Consultants/Contractors. Ontario acknowledges and recognizes that, in connection with the carrying out the Project, the Recipient may engage one or more Consultants or Contractors. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents, Consultants or Contractors, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient’s employees, agents, Consultants and Contractors and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing Ontario concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; (b) It has not and will not make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms and/or conditions of this Agreement; and 204 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 20 of 44 (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario. Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may set-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act (Ontario) or the Financial Administration Act (Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part B.5 of Schedule “B” of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings in connection with this Agreement shall be conducted in Ontario. 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to 205 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 21 of 44 the subject matter of this Agreement has any legal effect. No representation or warranty, whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 1, 3 to 6, 9, 11 and 13 to 15; subsections 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts B.5 and B.6 of Schedule “B” of this Agreement and Schedules “E” and “F”; along with all cross-referenced provisions within the foregoing sections, subsections and Schedules. [REST OF PAGE INTENTIONALLY LEFT BLANK] 206 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 22 of 44 IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation or Delegate ______________________________________ ___________________ Name: Linda McAusland Date Title: Assistant Deputy Minister, Provincial Highways Management Division I have the authority to bind the Crown. THE CORPORATION OF THE TOWN OF TILLSONBURG ______________________________________ ___________________ Name: Date Title: AFFIX CORPORATE SEAL ______________________________________ ___________________ Name: Date Title: I/We have the authority to bind the Recipient. 207 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 23 of 44 SCHEDULE “A” PROJECT DESCRIPTION Application Project Name: Highway 19 – Broadway Street Rehabilitation Approved Project Name: Rehabilitation of Broadway Street (Highway 19) Project Description: The location of road surface rehabilitation work is along Broadway from the north Town limits southerly to the approach lands south of the North Street intersection (near the south access of the Shell Gas Station), a distance of 1.036km. The proposed work ties into the Ministry of Transportation’s Highway 19 rehabilitation project from Mt. Elgin to Tillsonburg north Town limits (MTO Contract No. 2016-3011) and the North Street Reconstruction work by Oxford County in Fall 2017 which involved servicing work within the outside northbound land of Broadway from north Street northerly for approximately 150m. Project Description Details (from Application): The project work includes full-depth road surface rehabilitation. The scope of work includes geotechnical investigation, detailed design and construction for 1.036km (from north Town limits to beginning of the intersection approach lanes south of North Street near the south access of the Shell Gas Station). Under an Oxford County contract, a new 200mm diameter sanitary sewer on Broadway, from North Street to approximately 150m north of North Street is scheduled to be completed in Fall 2017. The newer sewer will be installed at a depth of about 2.5m below existing road grade and located within the outside northbound lane of Broadway facilitating sanitary sewer connection for properties located on the east side of Broadway. This section will be resurfaced as part of this project to minimize construction joints. 208 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 24 of 44 SCHEDULE “B” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART B.1 – EFFECTIVE DATE OF AGREEMENT B.1.1 Effective Date Of Agreement. The Effective Date of this Agreement is the date in which the Province signs the Agreement. PART B.2 – INSURANCE REQUIREMENTS B.2.1 Insurance Requirements. The Recipient or its agent(s) shall have no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART B.3 – PROJECT COMPLETION DATE B.3.1 Project Completion Date. The Project shall be completed no later than December 31, 2018. For clarity this means Substantial Completion must have occurred and the project construction work must have been completed. PART B.4 – EXPIRATION DATE B.4.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2019. PART B.5 – NOTICE AND CONTACT B.5.1 Notice And Contact Information. Notices under this Agreement shall be sent in accordance to the following: To Ontario: Ministry of Transportation Operations Office 301 St. Paul Street, 2nd Floor St. Catharines, Ontario L2R 7R4 Attention: Program Coordinator, Connecting Links Program Telephone: 905-704-2097 Fax: 905-704-2777 Email: CLProgram@ontario.ca To Recipient: The Corporation of the Town of Tillsonburg 200 Broadway Street Suite 204 Tillsonburg, Ontario, N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Telephone: 519-688-3009 Email: kdeleebeeck@tillsonburg.ca Any Notice not sent in accordance with the above shall be deemed to not constitute proper Notice under the Agreement. 209 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 25 of 44 PART B.6 – ASSET RETENTION PERIOD B.6.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify the Ministry of Transportation in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. B.6.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. [REST OF PAGE INTENTIONALLY LEFT BLANK] 210 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 26 of 44 SCHEDULE “C” FINANCIAL INFORMATION FOR THE PROJECT PART C.1 – MAXIMUM FUNDS C.1.1 Ontario’s Maximum Funds Under Agreement. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to Nine Hundred Seventy-Five Thousand, Five Hundred Sixty-Four Dollars ($975,564) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $1,083,960 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety Percent (90%) for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Estimated Total Net Eligible Costs as provided above. “Total Net Eligible Costs” means all direct costs that are, in Ontario’s sole and absolute discretion, properly and reasonably incurred no earlier than April 1, 2018 and prior to the Project Completion Date by the Recipient under a contract for goods or services necessary for the implementation of the Project, as more particularly described in part D.1 – Eligible Costs of this Schedule “B”, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. PART C.2 – HOLDBACK C.2.1 Holdback. Ontario may hold back up to fifteen (15) percent from any payment of any Funds under this Agreement. Ontario may retain this holdback until it has approved the Recipient’s Final Report, upon after which Ontario shall pay the holdback to the Recipient. PART C.3 – END OF FUNDS DATE C.3.1 End of Funds Date. Despite anything else contained in this Agreement, Ontario shall not provide any Funds to the Recipient for the Project after March 31, 2019. PART C.4 – PAYMENT OF FUNDS C.4.1 Payment Of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: [REST OF PAGE INTENTIONALLY LEFT BLANK] 211 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 27 of 44 MILESTONE PAYMENT SCHEDULE MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Milestone 1: Upon receipt and Acceptance by MTO of first Contract Award to initiate project. An amount up to fifty percent (50%) of the Maximum Funds Contract Award Report Must be submitted within fifteen (15) Business Days of a council resolution and no later than June 30, 2018. Milestone 2: Upon receipt and acceptance by MTO of Report of Substantial Completion. . An amount up to eighty-five percent (85%) of either (i) The Maximum Funds, less the amount paid at Milestone 1; or (i) An amount calculated by multiplying the percentage of Maximum Funds against the Recipient’s Total Net Eligible Costs, less the amount paid at Milestone 1. Substantial Completion Report Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). Milestone 3: Upon receipt and acceptance by MTO of the Final Report. Using the same method of calculation as in Milestone 2, (i) The balance of the Funds, if any, to the limit of the Maximum Funds, or (ii) The balance, if any, of the Funds calculated by multiplying the Percentage of Provincial Support against the Recipient’s Total Net Eligible Costs as certified in the Final Report, whichever aggregate amount is smaller. Final Report Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. Part C.5 – Limit On Ontario’s Contribution Under Agreement C.5.1 Limit On Provincial Contribution Under Agreement. Despite anything else contained in this Agreement, Ontario’s total contribution toward the Project shall not exceed ninety percent (90%) of the Project’s total Eligible Costs. 212 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 28 of 44 SCHEDULE “D” ELIGIBLE AND INELIGIBLE COSTS PART D.1 – ELIGIBLE COSTS D.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part D.2 of this Schedule “D” of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in Ontario’s sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays to third party vendors that are documented through invoices, receipts or other records that is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, the tangible core infrastructure asset noted in the Project Description in Schedule A; (b) The Scope of Eligible Work as described in the Connecting Links Program Guide; (c) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (c) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, license or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (d) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to being incurred; (e) The costs of Project-related signage, lighting, Project markings and utility adjustments; (f) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule “F” of this Agreement; and (g) Other costs that are, in Ontario’s sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. PART D.2 – INELIGIBLE COSTS D.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible for funding under this Agreement: (a) Costs incurred prior to April 1, 2018 or after the Project Completion Date; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, 213 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 29 of 44 and includes real estate fees and other related costs; (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (f) Meal, hospitality or incidental costs or expenses of Consultants; (g) Costs associated with completing applications for the Connecting Links Program; and (h) Any costs of accommodation for any Aboriginal Group. D.2.2 Harmonized Sales Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. D.2.3 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm’s Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. Ontario may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. [REST OF PAGE INTENTIONALLY LEFT BLANK] 214 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 30 of 44 SCHEDULE “E” ABORIGINAL CONSULTATION REQUIREMENTS PART E.1 – PURPOSE AND DEFINITIONS E.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. E.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART E.2 – RESPONSIBILITIES OF ONTARIO E.2.1 Ontario’s Responsibilities. Ontario is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as Ontario may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. PART E.3 – RESPONSIBILITIES OF THE RECIPIENT E.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the Project and advising of the details of the same;(c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (c) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, 215 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 31 of 44 trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (d) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (e) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (f) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (g) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (h) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (i) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (j) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying Ontario of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (k) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario’s request; (l) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (m) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (n) Complying with Ontario’s direction to take any actions, including without limitation, suspension or termination of the Project, as Ontario may require; and 216 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 32 of 44 (o) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from Ontario as Ontario may provide. E.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. E.3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: (a) Provide to Ontario, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. E.3.4 Recipient Shall Assist Ontario. The Recipient shall, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART E.4 – NO IMPLICIT ACKNOWLEDGEMENT E.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory 217 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 33 of 44 aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section 1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. PART E.5 – GENERAL E.5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of Ontario is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART E.6 – NOTICE AND CONTACT E.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be sent to the person identified under Part B.5 of Schedule B. [REST OF PAGE INTENTIONALLY LEFT BLANK] 218 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 34 of 44 SCHEDULE “F” COMMUNICATIONS PROTOCOL PART F.1 – INTRODUCTION F.1.1 Purpose of Communications Protocol. This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. F.1.2 Application of Communications Protocol. This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: Project signage Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases Printed materials Websites Photo compilations Award programs Awareness campaigns PART F.2 – PROJECT SIGNAGE F.2.1 Project Signage: The Recipient shall, at Ontario’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. F.2.2. Permanent Plaque. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by Ontario prior to installation. F.2.3 Installation of Signage. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. PART F.3 – MEDIA EVENTS F.3.1 Requesting Media Events. The Recipient or Ontario may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty (20) Business Days’ notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such events through a designed representative. Each participant will choose its designated representative. F.3.2 Approval Of Communications. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. 219 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 35 of 44 F.3.3 Media Events. Media events and announcements include but are not limited to: News conferences Public announcements Official events or ceremonies News releases PART F.4 – PRINTED MATERIALS, WEBSITE, PHOTO COMPILATIONS, AWARD PROGRAMS AND AWARENESS CAMPAIGNS F.4.1 Messaging About Project. With prior consultation with Ontario, the Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. PART F.5 – ISSUES MANAGEMENT F.5.1 Sharing Information. The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. PART F.6 – COMMUNICATING SUCCESS STORIES F.6.1 Communicating About Project. The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. F.6.2 Ontario’s Right To Publicize Information About Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario’s publication about the Project prior to making it. PART F.7 - DISCLAIMER F.7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Connecting Links Program, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK] 220 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 36 of 44 SCHEDULE “G” REPORTING REQUIREMENTS PART G.1 – REPORTS REQUIREMENTS The following Reports are to be provided in full in the corresponding format provided hereafter and with such content as is satisfactory to Ontario: Name of Report and Details Required Due Date 1. Contract Award Report - a Report from council including a resolution or bylaw authorizing the award of the first contract to initiate the project. Within fifteen (15) Business Days of a council resolution and no later than June 30, 2018. 2. Revised Budget Report must be based on tenders awarded to complete the Project including: (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. The Recipient shall use the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of a council resolution authorizing the contract award. 3. Progress Report - The Recipient shall use the form set out in Part G.3 of Schedule “G” of the Agreement. Twice a year by January 15 and July 15 for the Term of the Agreement. 4. Substantial Completion Report – The recipient shall use the form set out in Part G.4 along with a Revised Budget Report using the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). 5. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form set out Part G.5 of Schedule “G” of the Agreement. Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. 6. Other Reports or information as may be directed by Ontario from time to time, if any On or before a date directed by Ontario. 221 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 37 of 44 SCHEDULE “G” Continued PART G.2 – REVISED BUDGET REPORT REVISED BUDGET REPORT This report will contain a revised budget for the Project based on Total Net Eligible Expenses after award of (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. This report should be submitted to the ministry within 15 days of award of tender. Recipient Municipality Name Project Name REVISED PROJECT COSTS ORIGINAL BUDGET (From Application) REVISED BUDGET VARIANCE Environmental Assessment/Permits Engineering/Design Project Management/Contract Administration Construction Miscellaneous Total Less Any Actual or Potential HST Rebates REVISED TOTAL NET ELIGIBLE COSTS VARIANCE EXPLANATION In cases where revised costs have a variance of 15% or more than the original budget (from application), please provide an explanation. If more space required, attach additional page. PROJECT CERTIFICATION As the payment certifier or chief financial officer for my municipality [Full Legal Name below] _____________________________________________________________, I hereby certify that the revised Project Budget figures set out above are true to the best of my knowledge, information and belief. Signature: Name: Title: Phone Number: Date: 222 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 38 of 44 SCHEDULE “G” Continued PART G.3 – PROGRESS REPORT PROGRESS REPORT For projects to be completed in 2018-19, a progress report is due on or before July 15, 2018. For projects of two or three years to complete, this report is due twice a year on or before January 15 and July 15 for the term of the Agreement. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Recipient Municipality Name Project Name Key Dates: Date Forecasted Actual Total Eligible Project Costs to Date Less Any Actual or Potential HST Rebates TOTAL NET ELIGIBLE COSTS to Date Start Date of Detail Design (if applicable) End Date of Detail Design (if applicable) Start Date of Construction (if applicable) End Date of Construction (if applicable) Substantial Completion Date Please provide information in format below and attach to this report. Description of Activities Activity Status (On, Ahead, or Behind Schedule) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity 223 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 39 of 44 SCHEDULE “G” Continued Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal Groups, please include dates, where applicable or available Variance from original approved Project (if any) If so, explain why and by when? Attestation by Authorized Official: I, ___________________________ confirm that my municipality is in compliance with the terms and conditions found in the Agreement for this Project. Name: ____________________________________ Title: ____________________________________ Date: ________________ 224 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 40 of 44 SCHEDULE “G” Continued PART G.4 – SUBSTANTIAL COMPLETION SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Recipient Municipality Name: ____________________________________________________ Project Name: ________________________________________________________________ In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the above-noted Recipient, on ___________ , 20___(date) I, __________________________a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified for the Project (above) funded through the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work a. was carried out by ____________________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT. Declared before me at the Of in the of this day of A.D. 20 (Deponent) A Commissioner etc. This declaration must be sworn before a commissioner for oaths, notary public or justice of the peace 225 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 41 of 44 SCHEDULE “G” continued PART G.5 – FINAL REPORT FINAL REPORT Final Reports are to be completed and submitted to MTO within sixty (60) Business Days of the Project Completion and no later than March 8 of fiscal year of Project Completion. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Attach Payment certificate(s) (these may include unpaid holdbacks) and other third party invoices incurred for the Project. Where applicable, indicate any portion of the costs on such invoices which are Ineligible Costs as per section D.2 of Schedule “D”. Municipality Name: Project Name: Section 1. Project Details Dates Forecasted Actual Construction Start Date Construction End Date Project Variances (if applicable) Has your Project experienced any variances in scope, budget or schedule? Please describe and provide a rationale. 226 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 42 of 44 SCHEDULE “G” continued Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Eligible Project Costs $ $ Less HST Rebate $ $ TOTAL NET ELIGIBLE COST $ $ Total Interest Earned on Funds $ For all invoices attached, please provide information in format below and attach to this report. Work Description Invoice # Invoice Date Invoice Period Vendor Total Amount (A) HST HST Rebated (B) Net Eligible Cost (A-B) From To TOTAL $ 227 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 43 of 44 SCHEDULE “G” continued Section 3. Project Outcomes and Benefits 1. What were the objectives of your Project? (Select any that apply) ☐ Address safety related issues ☐ Extend service life ☐ Improve pavement condition ☐ Improve drainage (cross-fall, curb and gutter, storm sewer, etc.) ☐ Improve underground infrastructure (watermain, sanitary sewer, utilities, etc.) ☐ Other (describe below) 2. Describe how the work completed achieves these objectives. Please include quantitative information where possible e.g., extended service life in terms of additional years, improvement in road condition rating, lane-km in good condition, etc. If required, you may attach information on separate page and attach to this report. 3. Describe any economic or other benefits of the project for your community. If required, you may attach information on separate page and attach to this report. 4. Please confirm that your connecting link and project improvements will be included in your asset management plan and when the updated plan will be available. ☐ Yes, I confirm that our connecting link and the project improvements will be included in my municipality’s updated asset management plan. I expect our updated plan will be completed and publically posted by: [Month] [Year] 20 228 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 44 of 44 SCHEDULE “G” continued Section 4. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under Section 11 and Schedule “E” of the Agreement. Please indicate: Declaration required for the Project: There have been communications from Aboriginal Groups and/or items of cultural significance to Aboriginal Groups were located with respect to this Project. ☐ Yes ☐No If you responded “Yes” to the above, please complete the following: Declaration required for Project with additional Duty to Consult requirements, as identified by Ontario Notice about this Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to provide comments about the Project and its potential impacts ☐ Yes ☐No A copy of any correspondence/information between the Recipient and any Aboriginal Groups was forwarded to the Province of Ontario. ☐ Yes ☐No The Province of Ontario was made aware of any issue(s) identified by any Aboriginal Groups ☐ Yes ☐No Section 5. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; 3. Any interest earned (as noted in Section 2) has been used for Eligible Costs associated with the Project or has been or will be remitted to the Ministry; and 4. There have been no overpayments by Ontario or any other organization or government in relation to the Project. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: TITLE: DATE: 229 Report Title Ontario Sport and Recreation Communities Fund Grant 2018-19 Report No. RCP 18-21 Author Jessica Coulston, Programs Supervisor Meeting Type Council Meeting Council Date May 14, 2018 Attachments • 2018-19 OSRCF Minister Letter April 17 - Town of Tillsonburg • Personal Training Studio layout diagram • Grant Application: Personal Training Studio Page 1 / 2 RCP 18-21 - Ontario Sport and Recreation RECOMMENDATION THAT Report RCP 18-21 - Ontario Sport and Recreation Communities Fund Grant 2018-19 be received; AND THAT the Mayor and Clerk be and are authorized to sign the documents required by the Province of Ontario to secure the approved grant funding of $58,472; AND THAT Town Council approve the spending and development required to execute the grant’s intention. EXECUTIVE SUMMARY During the 2018 Budget preparation, the purchase of new weight training equipment for the Health Club was taken out of the draft budget and RCP staff encouraged to find other funding sources to purchase the equipment. An application was submitted to the 2018 OSRCF intake to develop a personal training studio and purchase new equipment. The application was successful and this report requests Council authorization to accept the grant of $58,472 and execute the project. BACKGROUND The Programs team within the Recreation, Culture & Parks Department (RCP) identified the need within Tillsonburg to increase opportunities for the elderly, persons with disabilities and those with a low income to participate in physical activities and develop knowledge about lifelong physical training to improve both their health and physical wellbeing. In order to increase opportunities for participation in physical literacy RCP applied for and secured grant funding to re-purpose one squash court into a Small Groups/Personal Training Studio for one year, and the finances to purchase more modernized user-friendly equipment for the public Health Club. This grant funding will support the following initiatives/resources: 1. The purchasing of ergonomically accessible equipment for participants in both the public Health Club and Small Groups/Personal Training Studio 2. Additional training for our Personal Training team in preparation to work with our target groups training needs. 230 Page 2 / 2 RCP 18-21 - Ontario Sport and Recreation The Personal Training Studio (PTS) will have a variety of accessible cardio and weight training equipment best suited for new-to-exercise users. Our users will be training one-on-one with a certified trainer for 10 weeks with the intention of learning how to exercise safely for their body so they are able to transition into the Health Club to exercise safely and independently. The Health Club will be receiving many new weight training pieces that will be replacing the user-loading plate equipment. These include a stretching machine and pin-selector machine-loaded equipment with labeled instructions for use to increase safety and accessibility for a wider range of users. The intention is to have the equipment in by July and the program advertised to start in October. CONSULTATION/COMMUNICATION According to the Oxford County Wellbeing Survey from 2016, marginalized groups felt Oxford County could do a better job of ensuring Inclusion of all residents and equal service opportunity throughout the county. Tillsonburg has the highest demographic of elderly residents in the county. These residents require more opportunities for therapeutic and fundamental movement skill training. This initiative will be able to reach new clients who may not currently be or are struggling to be active in their lives. With the combination of easier to use equipment, a quiet comfortable environment and a knowledgeable trainer the least likely members of our community to be active have the opportunity to become active, develop their fundamental movement skills and become empowered to continue to be Active for Life. The concept for development of a Personal Training Studio came as a result of having numerous residents approach the Health Club staff to discuss their health issues and looking for suggestions on how to get started in a fitness facility or how to change the way they exercise as a result of rehabilitation or health concern. After some research it was determined that the three squash courts have never been booked all at once in the last three years. As a result, the Town’s Program Supervisor in the Recreation Department consulted three commercial fitness equipment companies for quotes in order to develop the financial request for this grant application after the concept was approved by her manager to review. FINANCIAL IMPACT/FUNDING SOURCE This implementation of this program will mitigate the need for the Town to fund replacement weight and stretch training equipment in the Community Centre’s Health Club. The grant will be covering the cost of equipment required for the Personal Training Studio as well as the purchase of more accessible equipment in the Community Centre’s Health Club. The grant will also cover the cost of training for current staff in preparation for opening the Personal Training Studio as well as the marketing of the program. The grant will not be covering the wages required for the RCP staff to run the Personal Training Studio. These wages will be recovered through registration fees for users of the Studio. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This small group/personal training initiative directly aligns with The Town of Tillsonburg's Recreation, Cultural and Park's Master Plan which is to provide our residents with a desirable quality of life through the provision of high quality recreational opportunities. The Town's council has mandated the Recreation Department under the current Community Strategic Plan #3.3 with the responsibility to 'promote participation in organized and non-programmed forms of sport and recreation through the provision of appropriate facilities and services.' 231 Ministry of Tourism, Culture and Sport Minister 9th Floor, Hearst Block 900 Bay Street Toronto, ON M7A 2E1 Tel: 416 326-9326 Fax: 416 326-9338 Ministère du Tourisme, de la Culture et du Sport Ministre 9e étage, édifice Hearst 900, rue Bay Toronto (Ontario) M7A 2E1 Tél. : 416 326-9326 Téléc. : 416 326-9338 April 17, 2018 His Worship Stephen Molnar Mayor Town of Tillsonburg 200 Broadway St. Tillsonburg, ON N4G5A7 Re: Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Grants Ontario Case # 2018-01-1-725836681 Dear Mayor Molnar: On behalf of the Government of Ontario, thank you for supporting and promoting community sport, recreation, and physical activity in our province. I am pleased to inform you that the Ministry of Tourism, Culture and Sport (MTCS) has approved your Personal Training Studio initiative in the amount of up to $58,472. A ministry staff person will contact you shortly regarding the specifics of the funding agreement. Our government recognizes that providing Ontarians with opportunities to engage in community sport, recreation and physical activity is critical to improving quality of life. Through the Ontario Sport and Recreation Communities Fund, we are supporting increased opportunities for participation in physical activity, building physical literacy as the foundation for lifelong activity, and strengthening the capacity of the sport and recreation sector. Funding for the Personal Training Studio project is part of the government’s new Active for Life Recreation Stream which is designed to fund projects that help seniors stay fit and connected to their communities. This new funding stream within the Ontario Sport and Recreation Communities Fund is part of Aging with Confidence: Ontario’s Action Plan for Seniors. Together, we are laying an important foundation for active living through all stages of a person’s life. I wish you much success in your project activities. With kind regards, Daiene Vernile Minister 232 Grants Ontario Application Form Page 1 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Screen reader users may use arrow keys and heading structure to navigate content. Instructions This section provides information on how to complete and submit your application. Users of this application may also hover their cursor over any heading to learn more about the requirements. How To Complete The Application Before filling out the application read the entire PROGRAM/APPLICATION GUIDELINES. It may be useful to print a copy of the Program/ Application guidelines to refer to while completing the application. There may be some questions on this application that you are NOT required to complete, these will be noted clearly in the Program/Application guidelines. Some programs require you to contact a ministry advisor prior to submitting your application. Information about eligible organizations and expenses are detailed in the Program/Application guidelines. Some fields in your application will already have the information you supplied during enrolment or from previous applications. Answer each question fully or indicate “not-applicable” if the question is not relevant or does not apply to your project. Answers may vary in length depending on the nature of your project or program. Provide reasons and supporting data where applicable to support your application. Demonstrate how your project addresses the grant program priorities. Prepare necessary support materials. Ensure you have all of the necessary support materials electronically (either scanned, pdf or attachment). The required attachments are listed below. Note that Ministry consideration of an application does not guarantee funding. Applications will be assessed on the basis of the information provided by the applicant within the completed application forms and for their ability to achieve the objectives of the program. The Ministry cannot guarantee funding to all applicants, nor can the ministry ensure that the total amount requested by successful applicants will be granted. The ministry reserves the right, in its sole discretion, to fund or not fund any particular project or program for which an application is submitted. The decision to fund all or part on an applicant request will depend on its fit to the program priorities, assessment criteria and the overall demand of funds in the program. Attachment, Requirements Checklist • 2018-19 OSRCF Checklist for Applicants • Letters from Partner(s) 233 Grants Ontario Application Form Page 2 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Section A - Organization Information 1. Organization Name: Town of Tillsonburg 2. Organization Legal Name: Corporation of the Town of Tillsonburg 3. Web Site URL: 4. Type of Legal Entity: Municipality 5. Year Established: 1872 6. Date Incorporated: 7. Corporation Registration Number:8. Date of last AGM:9. Date of Next AGM: 10. Organization Mandate: Municipality This section displays general information about your organization submitted during the Grants Ontario enrolment process. To make a change to this information, please submit an Assistance Request through the Grants Ontario System. Once the change has been made, all future reports will include the updated information. 234 Grants Ontario Application Form Page 3 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Section B - Organization Address Information This section displays address information about your organization submitted during the Grants Ontario enrolment process. To make a change to this information, please submit an Assistance Request through the Grants Ontario System. Once the change has been made, all future applications will include the updated information. Primary Address: 1. Street address 1: 200 Broadway Street 2. Street address 2: Suite 204 3. City: Tillsonburg 4. Province: Ontario 5. Postal Code N4G5A7 Mailing Address: 6. Street address 1: 200 Broadway Street 7. Street address 2: Suite 204 8. City: Tillsonburg 9. Province: Ontario 10. Postal Code N4G5A7 Section C - Organization Contact Information Information about key people in the organization, including whether they have signing authority or not. Note that only the first group of contact fields are mandatory. All other types of contacts are optional. Organization Contact General contact for the organization. The person who should receive general information from the Ministry including notification of grant opportunities, deadlines and news releases. 1. * Salutation: Mr. 2. * First Name: Rick 3. * Last Name: Cox 4. * Title: Director of Recreation, Culture & Parks 5. * Phone Number (Work): 51968830094228 6. Phone Number (Mobile):7. * Email Address: rcox@tillsonburg.ca 8. Signing Authority (Does this person have signing authority for your organization?) 235 Grants Ontario Application Form Page 4 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Most Senior Official This is the most senior elected or appointed official with whom a Minister of the Crown would correspond with (i.e. Mayor, Board Chair, Reeve, Chief, CEO) 9. Salutation: Mr. 10. First Name: Stephen 11. Last Name: Molnar 12. Title: Mayor 13. Phone Number (Work): 51968830093224 14. Phone Number (Mobile):15. Email Address: smolnar@tillsonburg.ca 16. Signing Authority (Does this person have signing authority for your organization?) Other Senior Staff This is the most senior member of the organization aside from the person listed as Most Senior Official (i.e. CEO, Executive Director). 17. Salutation: Mr. 18. First Name: David 19. Last Name: Calder 20. Title: CAO 21. Phone Number (Work): 51968830093227 22. Phone Number (Mobile):23. Email Address: dcalder@tillsonburg.ca 24. Signing Authority (Does this person have signing authority for your organization?) Other Contact 1 Any other person with whom the Ministry might wish to contact or additional signing authorities e.g. Treasurer, CFO or Vice Chair 25. Salutation: Mr. 26. First Name: David 27. Last Name: Rushton 28. Title: Director of Finance 29. Phone Number (Work): 51968830093251 30. Phone Number (Mobile):31. Email Address: drushton@tillsonburg.ca Signing Authority (Does this person have signing authority for your organization?) Other Contact 2 Any other person with whom the Ministry might wish to contact or additional signing authorities e.g. Treasurer, CFO or Vice Chair 33. Salutation: Ms. 34. First Name: Donna 35. Last Name: Wilson 36. Title: Clerk 37. Phone Number (Work): 51968830093224 38. Phone Number (Mobile):39. Email Address: dewilson@tlllsonburg.ca 40. Signing Authority (Does this person have signing authority for your organization?) 236 Grants Ontario Application Form Page 5 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Section E - Grant Payment Information Should your application be successful, this information will be used to make payments. 16. * Method Of Payment Cheque 1. Payment Organization: TOWN OF TILLSONBURG | 204-200 BROADWAY 2. * Payment Organization Name (maximum 100 characters) TOWN OF TILLSONBURG 13. Phone Number (Mobile): 9. * First Name: David 10. * Last Name: Rushton 11. * Title: Director of Finance 8. * Salutation: Mr. 12. * Phone Number (Work): 519-688-3009 x3224 3. * Street Address 1: 204-200 BROADWAY 4. Street Address 2: Payment Contact: Payment Address: 14. Fax Number: 15. * Email Address: drushton@tillsonburg.ca Individual who should be contacted for clarifications about banking information or financial matters Please select your organization’s payment address from the drop-down list below. Once selected, the payment address fields below will be populated with the information related to the selected address. If your organization’s payment address does not appear in the drop-down list, please complete the fields below manually. 7. * Postal Code N4G 5A7 6. * Province: Ontario 5. * City: TILLSONBURG 237 Grants Ontario Application Form Page 6 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Section F - Application Contact information 1. * Salutation: Mrs. 2. * First Name: Jessica 3. * Last Name: Coulston 4. * Title: Recreation Programs Sup 5. * Phone Number (Work): 519-688-3009 x 4224 6. Phone Number (Mobile): 8. * Email Address: jcoulston@tillsonburg.ca 7. Fax Number: This is the person who will be the sole contact responsible for all communication with the Ministry in regard to this application. Section G1 - Project Information This section contains all the information about the proposed project except for financial information which is in the next section 1. * Project Name (maximum 250 characters) Small Group/Personal Training Studio 2. * Project Start Date:(mm/dd/yyyy) 05/01/2018 3. * Project End Date:(mm/dd/yyyy) 03/31/2020 4. Event Start Date:(mm/dd/yyyy)5. Event End Date:(mm/dd/yyyy) 6. * Target Sector: Primary Target Sector X ✔Seniors (65+) 7. * Project Scope: Local 8. * Host Municipality / First Nation Community: X Tillsonburg, Town Of 9. * Project Priority Capacity Physical Activity/Sport/Rec ✔Physical Literacy 10. * Project Summary: Provide a brief description of your project. If your application is successful this wording may be used on the Ministry website. (maximum 2,000 characters) Small Group/Personal Training Studio Our organization has identified the need within our Town to increase opportunities for the elderly, persons with disabilities and those with a low income to participate in physical activities and develop a knowledge for lifelong physical training to improve both their health and physical literacy. Our target residents to support the development of physical fitness include: 238 Grants Ontario Application Form Page 7 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 1. Seniors looking to enjoy the benefits of physical fitness without the stress of injury or uncertainty. Thus providing them with the fundamentals, to ultimately becoming active for the rest of their life. 2. Those working on physical rehabilitation - these ergonomically accessible exercise pieces will be a vital resource to pre- op and post-op patients who require a specific exercise plan to re-learn their fundamentals for physical activity so they can continue to be active for life. 3. Residents who may have physical or mental disabilities or on-going chronic health problems that would benefit from an individualized training plans to support their specific training needs so they are able to learn the Fundamentals to become Active for Life in a fitness centre setting. 4. Sometimes residents that fall into one or more of the above categories often fall into the low-income group as well due to their inability to work. Our team of personal trainers would have the ability to work with residents in a re-purposed space providing private training on ergonomically accessible equipment to support their specific needs with the goal to either guide them to becoming independently active for life or active for life with a specialist's support. Many of these residents are persons with disabilities and/or are seniors and/or are of low-income and may have difficulty attaining transportation to the Small Group/Personal Training Studio and as a result we have also developed a partnership Tillsonburg GO to ensure accessibility for our target residents. 11. * Project Description: Describe your project in detail making sure to address all the specific requirements in the Program Guidelines. (maximum 4,900 characters) In order to increase opportunities for participation in physical literacy and embed the knowledge for lifelong physical activity for our three target groups, our organization would like to re-purpose an under utilized squash court into a Small Groups/ Personal Training Studio. This new project will require the following initiatives/resources: 1. The purchasing of ergonomically accessible equipment for participants special needs (please see attached exhibit A for full list of required equipment). 2. The hiring of two additional part-time personal trainers to join our current team of three full time staff who are also personal trainers. 3. Additional training for our Personal Training team in preparation to work with our target groups training needs. 4. The partnering with Tillsonburg GO, a community small bus that provides low-cost rides within Town. 5. The marketing, administrative and evaluation tools needed to make and keep the program effective. This small group/personal training initiative directly align with The Town of Tillsonburg's Recreation, Cultural and Park's mandate to provide our residents with a desirable quality of life through the provision of high quality recreational opportunities. The Town's council has mandated the Recreation Department with the responsibility to 'promote participation in organized and non-programmed forms of sport and recreation through the provision of appropriate facilities and services.' This project would directly support the individuals in our target market who often experience significant barriers to participation to learn the Fundamentals needed to become Active for Life. All of the above initiatives need to be working inter-connectedly. This will provide the greatest return on investment on the project. Without the investment of all five initiatives this project would run the risk of not being able to provide physical exercise training to our target groups effectively or accessibly and risk poor return on investment on the project. The re-purposing of an under utilized space within our Community Centre into one that provides our least active residents with the opportunity to learn the fundamentals to physical fitness will be the first of its kind here in Oxford County. This new studio will provide a new opportunity for those in our community and surrounding areas to lead a healthy and active life that currently feel unable to do so without the ergonomically accessible equipment and educated personal trainer's support. The Recreation, Culture and Parks have never gone to such great lengths to provide a facility so well allocated to the needs of these three target market's fundamental movement skills to support their ability to be active for life. The Studio would be open 5 days a week from as early as 5:30am to as late as 9:00pm. Residents would have the opportunity to purchase passes in bundles of 5,10 or 20 for 30 minute, 45 minute or 1 hour appointments by booking their appointment with a Personal Trainer. Those residents who are low-income would have the opportunity to apply for the Town of Tillsonburg's F.A.R.E. (Fee Assisted Recreational Experiences) program. Should they qualify, they would have the opportunity to have the entirety or a portion of their passes' fees covered by the Recreation Department. The Personal Trainers will have new clients fill out Par-Q+sheets, additional Health Information Forms, keep files on their program plans and provide continuous feedback to clients on their improvements. This project would start May 2018 and be complete by March 31, 2019 with the program becoming available to the public February 1st 2019. From May 2018 - January 2019 this project would be focused upon: 239 Grants Ontario Application Form Page 8 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 - The purchasing, setting up and training staff on the use of the new ergonomically accessible equipment in the studio - Getting both personal trainers and the commmunity centre staff trained on the needs of our target groups and how best to work with and understand their needs - Creating the effective working relationship with Tillsonburg GO transit to understand when they would best be able to get clients in need of their transportation to the Studio and the cost of this for the community centre. - Developing the marketing material, inputting the purchasing and booking of personal training appointments in the recreation program software, creating the administrative paperwork required of the personal training and support staff and developing the evaluation tools needed to ensure changes required are well determined, communicated and effectively implemented. 12. * Project Objectives: Describe the project objectives making sure to address all the specific requirements in the Program Guidelines. (maximum 2,000 characters) The project's objectives are to increase opportunities for the participation in physical literacy for those who are often the least active within a community; this includes Seniors, Older Adults, Persons with Disabilities and Low-Income residents. This project is needed in our community for three reasons. First, our target residents are often the most inactive in our community often because they may not know how to be active safely with their illness/disability or aging body and due to these challenges can sometimes not afford the personal training required on their minimal income. Secondly, many of these same groups also have difficult being active because they lack transportation to attend programs as they cannot drive, which makes them highly isolated and sedentary. Thirdly, up until this point these specific residents have lacked accessibility to equipment suitable to their particular needs and how to use it to support the improvement of their health with the knowledge of a personal trainer. This project's objectives are to remove these three barriers for residents of Tillsonburg. We will do this by training our personal trainers with the knowledge they need to support the physical needs of these groups, coordinate transportation for the residents that require it free of charge to them and providing equipment specifically created to support their need for greater accessibility. The successful implementation of this project will provide more than just the above three high priority benefits to our target groups, it will also give them the opportunity to feel empowered with their health, develop meaningful relationships and introduce them to the other programs available within our centre to further support their wellbeing. This project has the possibility to greatly improve and empower our target market's overall quality of life through training in physical literacy from the support of well educated and caring experts and the use of accessible equipment. 13. * Rationale / Need: Describe why your project/event is viable, including steps or measures taken to ensure that your project/event does not overlap with existing projects/events with the same target audience. Be sure to address all the specific requirements in the Program Guidelines (maximum 1,000 characters) There are no other personal training studios in Tillsonburg or surrounding area that has ergonomically accessible personal training equipment to support residents with specific accessibility needs. Tillsonburg has many older citizens who require more opportunities for therapeutic and fundamental movement skill training. The Small Group/Personal Training studio will be able to reach new clients who may not currently be or are struggling to be active in their lives. With the combination of easier to use equipment, a quiet comfortable environment and a knowledgeable trainer the least likely members of our community to be active have the opportunity to become active, develop their fundamental movement skills and become empowered to continue to be Active for Life. This project will build capacity in the recreation sector, increase physical literacy and increase social connections to support a healthy lifestyle for residents desperately needing it. 14. * Project Beneficiaries: Who will benefit from your project or event? Geographic or demographic groups or communities (maximum 2,000 characters) Aging residents, residents struggling with chronic or long term illness, residents with physical and mental disabilities and residents rehabilitating their body will be our target demographic to benefit from this project. However, we will make this program publicly accessible anyone who needs to register for personal training packages in order to learn how to exercise effectively in our public gym. We would market this studio to currently inactive residents in Town as a way to get engaged in a life of physical fitness for the benefit of their health. Others who may indirectly benefit from the project include Tillsonburg GO, the Community Centre's Health Club, our 240 Grants Ontario Application Form Page 9 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 community partners, families of those who participate in the personal training, and residents' requiring training support for their needs who live just out town. The Tillsonburg Seniors Centre had 501 members in 2017 will also aid in ensuring our retired bracket is well aware of the programming opportunity. Community Living supports 175 clients in Tillsonburg and the value they see in this type of programming could accommodate many disabilities as small group training is a program their clients would love to participate in. The Tillsonburg Hospital and chiropractic clinics will now have a personal training facility they are able to send their patients with specific needs to. As this would be the only ergonomically accessible studio in Oxford county it is possible we will have residents from beyond Tillsonburg (Mount Elgin, Ingersoll, Woodstock) who may coordinate transportation for the opportunity to be trained by our Personal Trainers who have knowledge and experience working with residents like themselves on machines built to be used to support their needs. Our hope is to remove the most common barriers to physical fitness and support those least active residents (our project beneficiaries) in becoming knowledgeable and accessible to becoming more active. 15. * Risk Assessment and Management: (maximum 2,000 characters) To ensure this facility would be well used we have already completed a needs assessment with our community partners and established that they who would be eager to prescribe our program to their patients. As a result of the known need, we have now determined the risks exist for the Personal Training/Group Studio. Firstly, the program capacity's of re-purposing a preexisting squash court into aTraining Studio means we can only book one or a small group of clients at one time. Secondly, Certified Personal Trainers could leave their employment with us thereby leaving us short of qualified staff to run this program for temporarily time periods. Another risk could be if equipment were to break. If this does happen all of our currently quoted on equipment come with warranties on parts and labour along with monthly equipment tune-ups and service available in 48 hours or less. Fourthly, there is the possibility that inactive community members are too intimidated to register for personal training session or do not enjoy the personal training sessions. Lastly, risk of an injury is possible, in the event that is were to occur all of our staff have standard first aid and we have public access automated defibrillator program in place to contend with any emergency. Staff will also be trained on the Studio's policy & procedure manual. The Community Centre is also incorporating the responsibility of ensuring transportation which further expands our risk should they be injured. We have insurance in place to cover the cost should any unforeseen circumstance occur. A plan for program evaluation and improvement will be set in place that allows the supervisors of the Studio, personal trainers, registered participants and community partners to provide feedback about the program. This evaluation tool will allow us to manage concerns and create the necessary changes to limit the loss of staff, participants or lack of community partners with unhappy concerns being unheard. 16. * Project Outcomes: (maximum 1,000 characters) It is our goal to service those in the community who are not living an active lifestyle to start living a more active lifestyle. We are striving to create an environment for our community residents to learn new fitness skills that will engage them in physical activities for life with the support of a personal trainer who is knowledgeable and emotionally supportive. By ensuring staff communicate and develop working relationships with our new customers we will be able to gather information about where they came from and why. This information will be key in reaching out even further to those in our community who are not attending physical fitness opportunities and engaging them. We want to be the leaders in our community in providing direction to self-care for those in need of overcoming challenges to living a healthy and active life. Many of our participants will attain the fundamentals to become independent in a fitness setting while others will continue with the project ongoing. 17. * Evaluation Plan / Criteria: (maximum 2,000 characters) The goal of our evaluation plan is to consult all stakeholders involved and engage them to provide feedback for ways in which we can make the training studio more accessible, supportive and effective. The current plan for evaluation includes the follow steps: 1. We will track through our recreation program software the number of registrations, age, gender, attendance, and relavent demographics. 2. Observation by Supervisors - to ensure there is quality training we will once a month, for the first year drop into personal trainings to ensure the trainers are connecting well with their clients and provide written feedback to these trainers. 3. Participant Satisfaction Surveys - We will do the first satisfaction survey after the second personal training appointment. This survey will be geared to finding out how the participant is liking their trainings and if there is anything we could do to 241 Grants Ontario Application Form Page 10 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 improve their experience. With this feedback we will try and make adjustments if needed by appointment 3 or 4. We will also do another satisfaction survey on their last personal training appointment in their package to gain insight as to whether they will return and if not why. We want to make this program self sustainable through full capacity and our feedback from participants will give us the tools to do this. 4.Trainer Insight - We will also provide a feedback form for instructors to provide their insights and experiences with the new program 5. Community Partner Insight - We will connect with our community patterns on a monthly basis for the first year, than quarterly after that to receive feedback they have received from their patients/members who are registered at our studio and from those who aren't and why they haven't. We would appreciate feedback from our community members on our marketing material and the results they do or do not see their patients/members have obtained. Section G2 - Additional Questions 1. Outline your organization’s risk management plan for the prevention of abuse of clients, members and staff. (maximum 4,900 characters) This project will be subject to the same risk management policies currently in place with the Town of Tillsonburg. There are corporate health & safety policies that include staff training for all new hires, and ongoing in-service training provided for all staff. Staff are required to have their first aid training, and specialized certifications depending on their area of program delivery. Ex: All staff, full time and part -time meet regularly to review policies, evaluate program risks and discuss best practices. Programing facility space is also subject to inspections prior to use and monitored through documented inspections. -Bill 168 and AODA training is required for all staff; current and new hires. Policies/Procedures in place are: -Corporate Harrassment -Concussion Policy - Is attached in draft form and will be Council approved and in place by the time this grant is approved. -Staff screening and training - Privacy Policy - External Complaint Procedure - Confidentiality - Code of Conduct - Respect in the Workplace Attached in our Personnel Policy for the Town of Tillsonburg Over and above the Personnel Policy the Aquatics Department has a procedure guide that covers topics such as: -Accident/Incident Forms -Child Abuse Reporting -Facility Inspection -Fraud -Documentation -Needles, sharps and Biohazardous Disposal -Emergency Plans and Responsibilities. Our staff trainings occur every 6 weeks and are mandatory. 2. Describe your organization’s history of managing similar projects and include past achievements. (maximum 4,900 characters) The Tillsonburg Recreation, Culture and Parks Department employs professionals in the field that are highly capable of creating project deliverables. Staff have experience and are project driven with previous government grant programs successfully completed. Instructional staff at the recreation facility are fully qualified and are certified in specialized instruction. Health Club staff who instruct any Personal Training programs are nationally certified Personal Trainers through Canfitpro. Several of our Personal trainers have many additional accreditations in Active Aging, Healthy Eating and Weight loss, and all are Standard First Aid certified. In 2017 we had all our staff trained in Fundamental Movement Skills in Physical Literacy. We have already started to investigate what new Community partnerships we can develop to support this program and the response has been extremely positive. We have attached two of the letters of support which definitely defines the need for this program and their support of it. Once approved we would also approach Doctor Offices, Tillsonburg Hospital, Hickory Hills Senior Community, Baldwin Place Seniors Community, High schools, and Community Living Oxford. The Town's policy 242 Grants Ontario Application Form Page 11 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 governing purchasing ensure that the best value is achieved consistent with the required quality and service. Attached is the Town of Tillsonburg's Purchasing Policy. 3. Describe your organization’s ability and capacity to successfully undertake this project. (maximum 4,900 characters) The Tillsonburg Recreation, Culture and Parks Department employs professionals in the field that are highly capable of creating project deliverables. Staff have experience and are project driven with previous government grant programs successfully completed. Instructional staff at the recreation facility are fully qualified and are certified in specialized instruction. Health Club staff who instruct any Personal Training programs are nationally certified Personal Trainers through Canfitpro. Several of our Personal trainers have many additional accreditations in Active Aging, Healthy Eating and Weight loss, and all are Standard First Aid certified. In 2017 we had all our staff trained in Fundamental Movement Skills in Physical Literacy. We have already started to investigate what new Community partnerships we can develop to support this program and the response has been extremely positive. We have attached two of the letters of support which definitely defines the need for this program and their support of it. Once approved we would also approach Doctor Offices, Tillsonburg Hospital, Hickory Hills Senior Community, Baldwin Place Seniors Community, High schools, and Community Living Oxford. The Town's policy governing purchasing ensure that the best value is achieved consistent with the required quality and service. Attached is the Town of Tillsonburg's Purchasing Policy. Section G3 - Project Work Plan The work plan is designed to provide the Ministry with a clear idea of how the organization/consortium is going to carry out the project. The work plan should demonstrate a systematic approach as to how you will accomplish all phases of the project. A comprehensive work plan with specific achievable milestones demonstrates strong organizational capacity and is an indicator of likely project success. * Key Milestones * Activities * Start Date (mm/dd/yyyy) * End Date (mm/dd/yyyy)* Responsibility * Performance Indicator X Instructor Certification Research training requirements that will be needed for certified Personal Trainers and certify trainers prior to Studio opening date. 05/01/2018 12/01/2018 Recreation Supervisor & Active Living Coordinator All staff trained and ready to deliver the program by December 1 2018 X Package options and studio booking inputted into software. Package options and studio booking inputted into our recreation programs' software. 08/01/2018 12/01/2018 Programs & Facilities Registrar & Active Living Coordinator Studio ready for registrations by January 1 2019 X Program Advertising and Promotion Create marketing information with graphics to be used for facility brochure, website, facebook, Tillsonburg News and flyers. Flyers printed and delivered to all Community Partners and all information posted on social media and website 09/01/2018 03/01/2018 Recreation Supervisor & Marketing Officer Website and social media in place by November 1 and all flyers delivered by December 1 2018 X Program Implementatio n Trainers fulled certified, well versed in equipment procedures and uses, and ready to begin taking on clients for February 1 2019. Tillsonburg News contacted to drop in during the first week of program. 01/01/2019 03/31/2019 Recreation Supervisor & Active Living Coordinator Article featured in Tillsonburg News and shared with social media. 243 Grants Ontario Application Form Page 12 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 X Program Evaluation Surveillance and Program Evaluation tools developed by Supervisors and Evaluation Forms for both clients and Personal Trainer Staff developed, used and reviewed with necessary changes implemented. 10/01/2018 02/01/2020 Recreation Supervisor & Active Living Coordinator Forms in place and files developed for feedback reporting by January 1 2019 with continuous use. Section G4 - Festival or Event Location Please indicate the address where your festival or event will take place Street Address 1 Street Address 2 City Province Postal Code X 45 Hardy Avenue Tillsonburg Community Centre Tillsonburg Ontario N4G3W9 Section H2 - Project Financial Information In this section, list your expenses and identify how each one will be supported. List each expense by category (e.g. Staffing Expenses), click the “Eligible Expense?” check box only if the expense listed is eligible to be funded, then record the total expense amount. Next, identify the revenue sources and corresponding allotted amounts that will cover the cost of the expense item, including requested funding. Note: The total amount in the five boxes for revenue sources (Confirmed Cash/Anticipated Cash/Confirmed In-Kind/Anticipated In-Kind/ Requested Funding) should equal the total expense amount. The form will expand if additional rows are required for line items in a category. Expand a new table for every year required. Be sure to address any program-specific requirements noted in the Program Guidelines. If you do not need to complete additional years in the project financials section and wish to reduce the number of pages displayed, please use the "Collapse/Expand" button in each year listed to hide the table. YEAR 1 Staffing Expenses Eligible Expense? Total ExpenseRevenue Type (from Applicant and Other Sources) AmountRevenue Source X Additional training required for current on staff personal trainers to support anticipated special needs of clientele. Please see additional information section below for breakdown. ✔$3,900.00 Confirmed Cash Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program 3,900.00 + 244 Grants Ontario Application Form Page 13 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 X Hiring and wage of a new additional Part time Personal Trainer for the first year. $17.91/hour X 20 hours/ week X 50 weeks of the year $17,910.00 Confirmed Cash Anticipated Cash Confirmed In-Kind 17,910.00 Anticipated In-Kind Requested funding from this program + X Training all staff at the Community Centre about Physical Literacy for one day training. This would include lunch. The town will pay for the instructor ($1000.00). The grant would cover lunch. ($12.50 x 45 = 562.50) ✔$1,562.50 Confirmed Cash 1,000.00 Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program 562.50 + X Supervising staff specific to the project. 5 hours per week X $29.00 per hour (50 weeks per year) = $7,250.00 $7,250.00 Confirmed Cash Anticipated Cash Confirmed In-Kind 7,250.00 Anticipated In-Kind Requested funding from this program + Confirmed Cash Anticipated In-Kind $1,000.00 Anticipated Cash Confirmed In-Kind $25,160.00 Requested funding from this program $4,462.50 $30,622.50TOTAL STAFFING EXPENSES Benefits Expenses Eligible Expense? Total ExpenseRevenue Type (from Applicant and Other Sources) AmountRevenue Source X Confirmed Cash Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program + Confirmed Cash Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program TOTAL BENEFIT EXPENSES Project Expenses Eligible Expense? Total ExpenseRevenue Type (from Applicant and Other Sources) Revenue Source Amount 245 Grants Ontario Application Form Page 14 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 X Ergonomically accessible equipment in Small Group/Personal Training Studio. Please see attached quote for equipment and costs. The choosing of a vendor would have to follow our attached purchasing policy. ✔$63,009.96 Confirmed Cash 9,000.00 Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program 54,009.96 + X Confirmed Cash Anticipated Cash Confirmed In-Kind Anticipated In-Kind Requested funding from this program + $63,009.96 Confirmed Cash $9,000.00 Requested funding from this program $54,009.96 Anticipated Cash Confirmed In-Kind Anticipated In-Kind TOTAL PROJECT EXPENSES Administration/Other Expenses Eligible Expense? Total ExpenseRevenue Type (from Applicant and Other Sources) Revenue Source Amount X Administrative Support to complete program development, provide resources for marketing, equipment purchase, certification and training setup, tracking and evaluation tools created. 2 staff 6 hours per week for 12 weeks at $29.00 per hour. $4,176.00 Confirmed Cash Anticipated Cash Confirmed In-Kind 4,176.00 Anticipated In-Kind Requested funding from this program + X Information Technology Resources such as: the purchase of a laptop for Personal Training staff, licensing software and Wifi Internet. $1,293.00 Confirmed Cash Anticipated Cash Confirmed In-Kind 1,293.00 Anticipated In-Kind Requested funding from this program + 246 Grants Ontario Application Form Page 15 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Confirmed Cash $5,469.00 Requested funding from this program Anticipated Cash Confirmed In-Kind Anticipated In-Kind $5,469.00TOTAL ADMINISTRATION/OTHER EXPENSES YEAR 2 YEAR 3 YEAR 4 YEAR 5 Additional Comments Relevant to Project Financial Information (maximum 4900 characters) Below is the list of additional training our Personal Training Team will be required to have beyond their current requirement of a Personal Training Specialist Certification and Standard First Aid to appropriately prepare them to work with our target groups. 1. Active Aging Certificate from Canfitpro Canada - $99.00 x 4 staff - online training 2. Bonefit from Osteoporosis Canada - $200.00 x 4 staff - live training 3. Balance Therapy Certification for Personal Trainers from the National Personal Training Association - $225.00 - online training 4. Restorative Therapy Certification for Personal Trainers from the National Personal Training Association - $ 225.00 - online 5. Special Populations Certification for Personal Trainers from the National Personal Training Association - $ 225.00 - online Total Cost: Total Project Financials (All Years) Item Description Requested Confirmed Cash Anticipated Cash Confirmed In-Kind Anticipated In-Kind Total Staffing Expenses $4,462.50 $1,000.00 $25,160.00 $30,622.50 Benefits Expenses Project Expenses $54,009.96 $9,000.00 $63,009.96 Administration/Other Expenses $5,469.00 $5,469.00 Total : $58,472.46 $10,000.00 $30,629.00 $99,101.46 Total Eligible Expense:$58,472.46 Total Project Budget:$99,101.46 247 Grants Ontario Application Form Page 16 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Section I - Performance Measures There are set performance measures for all projects in this grant category. The target number or "Goal" is all that is required. In addition your project may have specific performance measures, these may be added to the blank areas of the chart. Ministry Provided Performance Metrics 1. Metric 2. Description 3. * Goal 1 Total participants Total # people participating in programs 350 2 Physical Activity opportunities # of individual physical activity opportunities (each time activity is undertaken, e.g. 12 persons in a 10 week program once per week counts as 120 physical activity opportunities) 350 3 New participants # new participants (e.g. new to program, beginners, not recently active) 350 4 Opportunities which remove barriers # programs offered which remove a barrier and/or improve accessibility (e.g. AODA; financial or physical barrier) 1 5 Implementation of physical literacy # participants in programs focused on physical literacy 350 6 Training in physical literacy concepts # staff, volunteers, board members trained in physical literacy concepts 45 7 Qualified leaders # persons receiving training or leadership - staff, board members, volunteers, etc. (e.g. quality assurance certification, risk management, coaching certification) 4 8 Resources able to be shared with the sector # resources developed and implemented as part of the project (e.g. program facilitator guide, low-income access policy) 6 9 Resources posted publicly # resources (as above) posted to organization’s website 5 10 Partnerships # partnerships developed and directly involved in the project 7 11 Strategies and plans # strategies/plans developed and implemented which will increase physical activity, physical literacy and/or capacity in the organization (e.g. municipal facility use strategy) 8 12 Jobs – project # jobs created to implement the project 1 13 Jobs – post-project # jobs created which will continue post project 1 14 Volunteers # volunteers engaged to complete the project 0 4. Comments (maximum 4,900 characters) At this point we do not have this type of programming anywhere in Oxford County or Norfolk County therefore there is no baseline for this activity in the area. We would be starting from scratch and creating a new opportunity to increase the physical literacy for those who need it most. Many participating in personal training at the studio would be new participants as we are striving to reach a demographic who often find exercise a challenge to perform. These are often participants who haven't been to our Community Centre before too. We will attract our clients by working with our Community Partners. This new studio's intention is to remove the barriers of participation because it is being created for those with physical disabilities in mind. To ensure all staff facility wide understand Physical Literacy and how it pertains to not just this new studio but all of our programs we will arrange for training. We have a Sport 248 Grants Ontario Application Form Page 17 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 for Life Physical Literacy Trainer who has recently retired in Tillsonburg and would love to partner with us to help prepare our staff. Client Provided Performance Metrics 1. Metric 2. Description 3. Goal X 1 Partners Created # of Community partnerships created in support for this new program and developing relationships for sustainability 9 + X 2 New Personal Trainers on Staff # of personal trainers on staff (4) and new trainers (2)6 + 4. Comments (maximum 4,900 characters) The partners created for this new program will be essential in reaching those who have had limited opportunities to participate in some form of exercise. Most adults who aren't interested in participating in a physical activity are quite probably those who missed out on those physical literacy skills as a child. Because movement skills are essential to basic health and survival we will use these motivators to obtain new users of our facility. It's not just about being physically fit it's about being able to even go outside during the winter months and not slip and fall. Section J - Partnership / Stakeholders Information Record the partner organizations involved with the project plus what their role will be and describe their contribution. Stakeholders who were consulted about the project should also be noted and their role and contribution described. Be sure to address all the specific requirements in the Program Guidelines. 1. Name 2. Type 3. Role/Address 4. Description X 1 Tillsonburg Senior Centre Site Existing Partner Membership based community for people with alike interests. X 2 Sport for Life Canada Partner Existing Partner Canadian non-for-profit organization Developing physical literacy and delivering quality sport. Letter of support attached. X 3 Tillsonburg District Memorial Hospital - Physiotherapy Department Partner Existing Partner Will recommend our program to assist clients in improving their general strength, endurance and balance. We will contact them monthly for feedback regarding progress of clients and program likability. We will contact them monthly for feedback regarding progress of clients and program likability. Letter of support attached. X 4 Back In Motion Physiotherapy & Rehabilitation Clinic Partner Existing Partner Will recommend our new program to clients who would benefit from participating. We will contact them monthly for feedback regarding progress of clients and program likability. Letter of support is attached. 249 Grants Ontario Application Form Page 18 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 X 5 Tillsonburg Physiotherapy Clinic Partner Existing Partner Will recommend our program to further enhance their clients progress. We will contact them monthly for feedback regarding progress of clients and program likability. Letter of support is attached. X 6 Community Living Oxford Partner Existing Partner Clients who enjoy this activity will be introduced to the new program. We will include clients in all surveys. Is willing to write a letter of support. X 7 Elementary and High Schools - Public and Catholic Partner Existing Partner These partners are known for promoting our programs and seeing the importance of how physical literacy in embedded in all of our programs for youth with disability, chronic illness or rehabilitation. They will assist in the promotion of the program. Section Y - Terms & Conditions The Ontario Sport and Recreation Communities Fund (OSRCF) grants awarded by the Province are governed by an agreement between the Applicant and the Province. The general terms and conditions of this Agreement are contained in this Application Form. By signing this Application Form and submitting it to the Province, the Applicant is agreeing to be bound by these particular terms and conditions, if the Province awards the Applicant a grant. The Province may also include other terms and conditions in the Agreement. These additional terms and conditions will be contained in the Approval Letter or Subsequent Correspondence that the Province will send to the Applicant for signature. If the Applicant agrees to the additional terms and conditions, the Applicant must sign a copy of the correspondence and return the correspondence to the Province. Please note that the Province will not provide any grant funds to the Applicant unless: (a) the Minister approves the funding; and (b) the Applicant agrees to be bound by all of the terms and conditions of the Agreement (including those contained in the Approval Letter or Subsequent Correspondence). All grant applications submitted to the Province are subject to the Freedom of Information and Protection of Privacy Act (the "Act"). The Act provides every person with a right of access to information in the custody or under the control of the Province, subject to a limited set of exemptions. The Applicant is advised that the names and addresses of applicants and recipients, the amount of grant awards, and the purpose for which grants are awarded is information the Province makes available to the public, including posting grant awards on the Province's website. Copies of the Act are available from Publications Ontario at 777 Bay Street, Toronto ON, M5G 2C8, telephone 416-585-7485 or 1-800-668-9938. The Act is also accessible online at: http://www.e-laws.gov.on.ca/ index.html. 1.0 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: 250 Grants Ontario Application Form Page 19 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. 1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means the Application Guidelines, the Application Form including these general terms and conditions, the Approval Letter, and any additional terms and conditions which may be imposed by the Province in Subsequent Correspondence. “Applicant” means the entity that has submitted the Application Form to the Province for Funds under the Program. “Application Form” means the Grants Ontario Application Form including all required supporting documentation, submitted by the Applicant for funding under the Program, and includes all information contained therein. “Application Guidelines” means the Ontario Sport and Recreation Communities Fund (OSRCF) Application Guidelines. “Approval Letter” means the letter from the Province to the Applicant announcing the award of a grant to the Applicant under the Program. “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Budget” means the budget submitted by the Applicant in the Application Form, unless the Province provides Subsequent Correspondence containing a budget, in which case “Budget” means the budget contained in the Subsequent Correspondence. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Completion Date” means the Project completion date set out in the Application Form or as otherwise specified in the Approval Letter. “Effective Date” means the date of the Approval Letter. “Event of Default” has the meaning ascribed to it in section 14.1. “Expiration Date” means the date which is 90 days after the Completion Date. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following 251 Grants Ontario Application Form Page 20 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. “Maximum Funds” means the maximum dollar amount of the grant as stated in the Approval Letter. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Partner” means each organization which the Recipient identifies as a partner in the Recipient's Application Form. “Party” means either the Province or the Recipient. “Program” means the Ontario Sport and Recreation Communities Fund (OSRCF). “Project” means the project described by the Applicant in the Application Form, unless the Province provides Subsequent Correspondence describing the project, in which case “Project” means the project described in the Subsequent Correspondence. “Province” means Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport. “PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario). “Recipient” means the Applicant who has been awarded a grant under the Program. “Reports” means the reports described in Article 7.0. “Subsequent Correspondence” means any correspondence relating to the Funds and/or the Project that the Province sends to the Recipient subsequent to the Approval Letter. “Timelines” means the Project timelines contained in the Application Form, unless the Province provides Subsequent Correspondence containing such timelines, in which case “Timelines” means the timelines contained in the Subsequent Correspondence. 2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and will continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; 252 Grants Ontario Application Form Page 21 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 (b) it has, and will continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; (c) it is in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project, the Funds or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete for the term of the Agreement. 2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing for the period during which the Agreement is in effect: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b) procedures to ensure the ongoing effective functioning of the Recipient; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient, in a timely manner, to identify risks to the completion of the Project, and strategies to address the identified risks; (g) procedures to enable the preparation and delivery of all reports required pursuant to Article 7.0; and (h) procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under the Agreement. 2.4 Supporting Documentation. Upon request, the Recipient will provide the Province with proof of the matters referred to in this Article 2.0. 3.0 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiration Date unless terminated earlier pursuant to Article 12.0, Article 13.0 or Article 14.0. 253 Grants Ontario Application Form Page 22 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 4.0 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in instalments as specified in the Approval Letter; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. 4.2 Limitation on Payment of Funds. Despite section 4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information provided by the Recipient pursuant to section 7.1; and (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1. 4.3 Use of Funds and Project. The Recipient will: (a) carry out the Project in accordance with the terms and conditions of the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; and (d) not use the Funds to cover any specific cost that has or will be funded or reimbursed by any third party, including other ministries, agencies and organizations of the Government of Ontario. 4.4 Province's Role Limited to Providing Funds. For greater clarity, the Province's role under the Agreement is limited to providing Funds to the Recipient for the purposes of the Project and the Province is not responsible for carrying out the Project. 254 Grants Ontario Application Form Page 23 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 4.5 No Changes. The Recipient will not make any changes to the Project, the Timelines, or the Budget without the prior written consent of the Province. 4.6 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. 4.7 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. 4.8 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds. 4.9 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. 4.10 Partners The Recipient shall: (a) ensure all Partners receives a complete and unabridged copy of the Application Form and Reports, within one business day of their submission to the Province; (b) use its best efforts to ensure that each Partner completes its part of the Project within the time and in the same manner described in the Application Form; (c) require each Partner to comply with all of the terms and conditions of the Agreement that directly or indirectly involve the Partner; (d) ensure that any agreement between the Recipient and a Partner contains terms and conditions similar to, and not less favourable to the Province, than the terms and conditions of the Agreement; (e) be responsible to the Province for all acts and actions of the Partners, which shall be treated as acts and actions of the Recipient for the purposes of the Agreement; and (f) provide the Province with immediate Notice if a Partner withdraws from the Project or is otherwise unable to complete its part of the Project within the time and in the manner described in the Application Form. 4.11 Project Products. The Recipient shall ensure that any products resulting from, or collected or collated in connection 255 Grants Ontario Application Form Page 24 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 with, the Project are: (a) licensed by the Expiration Date under a Creative Commons' Attribution 3.0 Unported or CC0 License available on the Creative Commons website; and (b) publicly available on the Recipient's and/or each Partner's website by the Expiration Date for a period of at least two years after the Expiration Date. 4.12 Funding, Not Procurement. For greater clarity, the Recipient acknowledges that: (a) it is receiving funding from the Province for the Project and is not providing goods or services to the Province; and (b) the funding the Province is providing under the Agreement is funding for the purposes of the PSSDA. 5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS 5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the BPSAA, including any procurement directive issued thereunder, to the extent applicable. 5.2 Disposal. The Recipient will not, without the Province's prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded $1000 at the time of purchase. 6.0 CONFLICT OF INTEREST 6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased and impartial judgment relating to the Project, the use of the Funds, or both. 256 Grants Ontario Application Form Page 25 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. 7.0 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section 17.1, a final report by the Expiration Date, with content requirements to be specified by the Province; (b) submit to the Province at the address referred to in section 17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that the final report and other reports are completed to the satisfaction of the Province; and (d) ensure that the final report and other reports are signed on behalf of the Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; (b) remove any copies made pursuant to section 7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. 7.4 Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 257 Grants Ontario Application Form Page 26 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). 8.0 COMMUNICATIONS REQUIREMENTS 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province in a form and manner as directed by the Province. 8.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. 9.0 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 10.0 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province. 10.2 Recipient's Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. 10.3 Province's Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under the Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other's counsel. 10.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of Province. If the Recipient is requested by the Province to 258 Grants Ontario Application Form Page 27 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. 10.5 Recipient's Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations 11.0 INSURANCE 11.1 Recipient's Insurance. The Recipient represents and warrants that it has, and will maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence. The policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. 11.2 Proof of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 12.1. Upon the request of the Province, the Recipient will make available to the Province a copy of each insurance policy. 12.0 TERMINATION ON NOTICE 12.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty or costs upon giving at least 30 days' Notice to the Recipient. 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient. 13.0 TERMINATION WHERE NO APPROPRIATION 259 Grants Ontario Application Form Page 28 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 13.1 Termination Where No Appropriation. If, as provided for in section 4.2(c), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. 13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient. 14.0 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 14.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide a final report pursuant to section 7.1(a) or such other reports as may have been requested pursuant to section 7.1(b); (b) the Recipient's operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the Program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. 14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; 260 Grants Ontario Application Form Page 29 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 (e) cancel all further instalments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 14.3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. 14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). 14.5 When Termination Effective. Termination under this Article will take effect as set out in the Notice. 15.0 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. 16.0 FUNDS UPON EXPIRY 261 Grants Ontario Application Form Page 30 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. 17.0 REPAYMENT 17.1 Repayment of Overpayment. If at any time during the term of the Agreement the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. 17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 17.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section 17.1. 17.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to repay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. 18.0 NOTICE 18.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery or fax, and will be addressed to the Province and the Recipient respectively as set out below, or as either Party later designates to the other by Notice: To the Province: Ministry of Tourism, Culture and Sport Attention: Ontario Sport and Recreation Communities Fund (OSRCF) Name; Susan Golets 262 Grants Ontario Application Form Page 31 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Title: Director, Sport, Recreation and Community Programs Address 777 Bay Street, 18th Floor, Toronto, ON M7A 1S9 Email: Susan.Golets@ontario.ca Fax: 416-314-7458 The Recipient's mailing address, email address and fax number are set out in the Application Form, or as the Recipient later designates to the Province by Notice. 18.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery or fax, one Business Day after the Notice is delivered. 18.3 Postal Disruption. Despite section 17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will provide Notice by email, personal delivery or by fax. 19.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. 20.0 SEVERABILITY OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. 21.0 WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 17.0. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. 22.0 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the 263 Grants Ontario Application Form Page 32 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. 23.0 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights, or obligations under the Agreement. 23.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. 24.0 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. 25.0 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. 26.0 JOINT AND SEVERAL LIABILITY 26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. 27.0 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. 28.0 ACKNOWLEDGEMENT OF OTHER LEGISLATION AND DIRECTIVES 264 Grants Ontario Application Form Page 33 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 28.1 Recipient Acknowledges. The Recipient: (a) acknowledges that by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the BPSAA, the PSSDA, and the Auditor General Act (Ontario); (b) acknowledges that Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the BPSAA; and (c) will comply with any such legislation, including directives issued thereunder, to the extent applicable. 29.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS 29.1 Other Agreements. If the Recipient: (a) has failed to comply (a “Failure”) with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies; (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. 30.0 SURVIVAL 30.1 Survival. The following Articles and sections, and all applicable cross-referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0 and any other applicable definitions, section 4.2(d), 4.7, section 4.11, section 5.2, section 7.1 (to the extent that the Recipient has not provided the reports to the satisfaction of the Province), sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8.0, Article 10.0, section 12.2, section 13.2, sections 14.1, 14.2(d), (e), (f), (g) and (h), Article 16.0, Article 17.0, Article 18.0, Article 20.0, section 23.2, Article 24.0, Article 26.0, Article 27.0, Article 28.0, Article 29.0, and Article 30.0. Section Z - Declaration / Signing Applicants are expected to comply with the Ontario Human Rights Code (the “Code”) and all other applicable laws (http:// www.ohrc.on.ca/en/ontario-human-rights-code). Failure to comply with the letter and spirit of the Code will render the applicant ineligible for a grant and, in the event a grant is made, liable to repay the grant in its entirety at the request of the Ministry. 265 Grants Ontario Application Form Page 34 | 342.02.00.02.00 Ontario Sport and Recreation Communities Fund 2018-19 Local/Regional Stream Reader:10 Grant Case # 2018-01-1-725836681 Applicants should be aware that Government of Ontario institutions are bound by the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31 (http://www.ipc.on.ca/index.asp?navid=73), as amended from time to time, and that any information provided to them in connection with this application may be subject to disclosure in accordance with that Act. Applicants are advised that the names and addresses of organizations receiving grants, the amount of the grant awards, and the purpose for which grants are awarded is information made available to the public. Declaration The Applicant hereby certifies as follows: (a) the information provided in this application is true, correct and complete in every respect; (b) the Applicant understands any funding commitment will be provided by way of an approval letter signed by the responsible Minister and will be subject to any conditions included in such a letter. Conditions of funding may include the requirement for a funding agreement obligating the funding recipient to report on how the funding was spent and other accountability requirements; (c) the Applicant has read and understands the information contained in the Application Form; (d) the Applicant is aware that the information contained herein can be used for the assessment of grant eligibility and for statistical reporting; (e) the applicant understands that it is expected to comply with the Ontario Human Rights Code and all other applicable laws; (f) the Applicant understands that the information contained in this application or submitted to the Ministry in connection with the grant is subject to disclosure under the Freedom of Information and Protection of Privacy Act; (g) the Applicant is not in default of the terms and conditions of any grant, loan or transfer payment agreement with any ministry or agency of the Government of Ontario; (h) I am an authorized signing officer for the Applicant. Mr. David Calder CAO (w): 51968830093227 (c): E-mail: dcalder@tillsonburg.ca Date/Time FieldSignature Ms. Donna Wilson Clerk (w): 51968830093224 (c): E-mail: dewilson@tlllsonburg.ca Date/Time FieldSignature Salutation:First Name:Last Name:Title: Phone Number (Work):Phone Number (Mobile):Email Address: Additional Signing Authority: Date/Time FieldSignature 266 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 1 of 10 To: Mayor and Members of Tillsonburg Council From: Ron Versteegen, Senior Planner, Community Planning Planning for Non-Therapeutic Cannabis Retail Stores REPORT HIGHLIGHTS • The purpose of this report is to provide background on the pending legalization of cannabis retailing in Canada; • The report identifies potential land use planning and other related issues that may stem from the introduction of cannabis retail stores and how other municipalities within the Province are accommodating the establishment of the use. • The report also provides Town Council with details as to potential approaches to the siting of a potential cannabis retail store within the Town. DISCUSSION Background CANNABIS ACT Bill C-45 (Short Title: Cannabis Act) amends sections of the Controlled Drugs and Substances Act, the Criminal Code and other affected statutes to provide for the legal access to cannabis and, to allow for the control and regulation of its production, distribution and sale. On April 13, 2017, the Federal Government introduced Bill C-45 and announced that the planned implementation date of the new legislation as July, 2018. At the time of the writing of this report, Bill C-45 had passed its 2nd reading in the House of Commons at the Committee Stage in June, 2017 and passed its 2nd reading by the Senate on March 21, 2018. The bill now moves on for more detailed study by Senate committees with an anticipated final vote on the legislation in June. CURRENT POLICY FRAMEWORK & PROPOSED REGULATORY CHANGES The use of criminal law and the prohibition of cannabis has been the status-quo in the Canadian legal system for approximately 100 years. In more recent years, the de-criminalization and regulation of cannabis has been debated with some changes to the prohibited status of marijuana implemented to ensure its availability for medical purposes for persons having prior authorization from an accredited physician. Since 2001, the Marijuana Medical Access Regulations (MMAR) facilitated conditions for the development of a commercial sector responsible to supply the medical marijuana market in Canada. Access to medical marijuana is 267 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 2 of 10 only permitted under the terms and conditions detailed in the legislation, however, in the last number of years storefront operations selling ‘medical marijuana’, often branding themselves as ‘dispensaries’ or ‘compassion clubs’, have attempted to establish retailing operations prior to the formal legalization of nontherapeutic cannabis. Pending the final approval of Bill C-45, the lawful commercial retailing and recreational consumption of marijuana remains illegal throughout Canada. Cannabis dispensaries or compassion clubs that retail cannabis for non-therapeutic purposes continue to be, and will remain illegal in Ontario even after the passing of Bill C-45. Following the Federal election in 2015, the current government made a policy commitment to “legalize, regulate, and restrict access to marijuana” beyond the parameters set-out in the current medical model. The current proposed Cannabis Act (Bill C-45) will create a new legal framework for controlling the production, distribution, sale and possession of cannabis across Canada. Notwithstanding the new legislation, the previously established program for accessing medical marijuana will remain ‘as is’ under the new Act. Should the Cannabis Act become law, adults 18 years old or over would be able to legally: • possess up to 30 grams of dehydrated cannabis, or its non-dried equivalent • share up to 30 grams of legal cannabis with other adults • purchase dried or fresh cannabis or its extract oil from a provincially licensed retailer Presently, cannabis is controlled under the Controlled Drugs and Substances Act (CDSA) and is classified as a Schedule II substance. The Safe Streets and Communities Act (2012) sets out criminal sanctions and mandatory minimum sentences for the illegal production, possession and trafficking of marijuana. Lastly, cannabis is also regulated under a number of international treaties and conventions related to the control and distribution of marijuana across national boundaries where Canada is a signatory. The policy shift to legalize non-therapeutic cannabis will further normalize the production, distribution and consumption of cannabis and eliminate criminal sanctions as set out in the proposed legislation. The evolving status and enforcement of cannabis laws will undoubtedly have a significant impact on the allocation of resources within Canada’s enforcement and criminal justice system, as well as impact federal, provincial and municipal level jurisdictions in complex ways that are difficult to fully anticipate at this time. FEDERAL ROLE At the Federal level the proposed changes to the Cannabis Act would create a new legal framework for controlling the production, distribution, sale, possession and consumption of cannabis across Canada. For the time being, the federal government has not proposed to allow for the retailing of edible cannabis products. Should the proposed legislation become law these changes are likely to include: • Allowing for the controlled possession of up to 30 grams of legal dried cannabis or the equivalent in its non-fried form. • Allowing for the free exchange of up to 30 grams of legal cannabis among adults. • Sanctioning the sale/purchase of dried or fresh cannabis, along with derivatives from a provincially-licensed retailer. • Permiting adult individuals to grow up to 4 cannabis plants per residence for personal use • Where provinces do not put in place a regulated retail framework, individuals will be able to directly purchase cannabis online from a federally licensed producer. 268 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 3 of 10 Under the new proposed regulatory regime, the Federal, Provincial/Territorial and municipal level governments would each have their unique role to fulfill. As currently formulated, the federal government’s role is focused predominately on legislating the overarching rules and principles delineating access to cannabis, establishing the specific quality control measures for producers to grow and manufacture cannabis and, other supply-side considerations related to product safety. Provinces and territories will oversee the general distribution and sale of cannabis, subject to federal conditions. Since the initial introduction of Bill C-45, the Government of Canada has further clarified aspects of the regulation that will be the responsibility of the provinces. Provinces will have decision-making options to exercise in terms of establishing the type of retail regime to manage the distribution and sale of legalized cannabis. In the absence of provincial implementation, individuals will be permitted to procure cannabis from a federally licensed supplier via online sales. PROVINCIAL ROLE More recently, the Ontario government became the first provincial jurisdiction to announce a framework to manage the sale and use of marijuana, which will largely determine the modus operandi for legalization should the legislation be made law at the federal level. Further details of the Province’s cannabis retail distribution model along with a discussion of municipal impacts will be discussed in greater detail below. Through the summer of 2017, the Government of Ontario had been conducting public consultations and encouraging public feedback to inform the future cannabis framework and retail model to be adopted in the Province. In September, 2017, the Ontario government made a public policy announcement indicating further details of the Province’s approach to the legalization of recreational cannabis. As stated in their release, the Province plans to: • establish a provincially controlled retail system modelled after the LCBO, with subsidiary storefronts selling cannabis in standalone establishments; • open 40 cannabis retail stores by July, 2018; • have 80 standalone stores by July 1, 2019; • have approximately 150 total storefronts to be in operation by 2020; • set the minimum age to purchase cannabis at 19 years of age; • stipulate that the use of recreational cannabis will be prohibited in public spaces, cars, and presumably other types of commercial establishments with authorized consumption permitted only in private residences; and • consult closely with municipalities and other key stakeholders to determine final implementation/regulation details in the coming months after a complete list of municipal concerns have been assembled. In November, 2017, the Province released a list of the first 14 municipalities that would accommodate standalone cannabis retail stores by July 1, 2018. The closest to Tillsonburg being Kitchener, London and Hamilton. As part of this announcement the Province has confirmed that it will also consult with the public before making any final decisions with respect to its location within each municipality and also confirmed that the provincially run cannabis stores will not be located in close proximity to any schools. 269 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 4 of 10 In December, 2017, the Province released a subsequent list of 15 additional municipalities scheduled to host such a retail store by July, 2018. The closest to Tillsonburg being Brantford, Cambridge, Guelph and Waterloo. It is of note that Crown agencies are not bound by municipal laws, including zoning. However, through meetings with numerous municipalities Provincial staff have indicated that Province intends to respect local zoning by-laws, and their regulations, when siting cannabis retail stores. OTHER MUNICIPAL EXPERIENCE City of London The City of London was notified by the Province that they will be home to at least one provincially-operated cannabis retail store by July 1, 2018. London City Planning staff advised City Council that they will not be able to complete the exercise of establishing policies/zone provisions where these uses may be established prior to the targeted opening date of July 1st. In the interim, City Council established a Council policy that identifies site location, design and public engagement criteria relating to the siting of cannabis retail stores and have asked the Province to implement this policy in their processes for siting all new cannabis retail stores in London. Additionally, Council directed staff to initiate the necessary amendments to the Official Plan and Zoning By-law, to plan for future cannabis retail stores at appropriate locations, ensure adequate parking facilities and require appropriate site design. In terms of London’s specific approach to the establishment of these uses, it includes: • uses are to be directed to shopping areas and high traffic areas, avoiding pedestrian-oriented areas and streetscapes that can be more conducive to drug trafficking and higher crime areas and also avoiding areas where drug trafficking is already identified as a problem, such as the downtown; • to avoid youth populations require separation distances of 500 m (1,640 ft.) from: • municipal libraries; • municipal pools; • municipal arenas; • community centres; • elementary schools; • secondary schools; and • fairgrounds • require sites that are sufficiently large enough to provide adequate on-site parking; and • create a definition of a Cannabis Retail Store Define in the City’s Zoning By-law. Municipality of Chatham-Kent Chatham-Kent was notified by the provincial Finance Ministry that they will be home to a provincially-operated cannabis retail store by July 1, 2018. Through discussions with Chatham-Kent staff it was noted that staff will not be able to complete the exercise of establishing Official Plan policies or special zone provisions where these uses may be established as a potential site needs to be finalized by the spring of 2018 to enable a targeted open date of July 1st. 270 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 5 of 10 The Province subsequently requested that Chatham-Kent provide a list of potential existing storefronts that may be converted to accommodate the retail store. Accordingly, senior management reviewed a number of potential sites in highway commercial areas of the municipality that also permit retail stores and provided that list to the Cannabis Retail Corporation (branch of LCBO) for consideration. Through this review locations were chosen that avoided public gathering areas such as schools, parks and arenas where minors may be present. Municipal staff acknowledged that the biggest challenge with locating this type of retail store in a downtown area would be identifying sites that had sufficient amounts of on-site parking. It was also recognized by staff that given Chatham-Kent’s proximity to other major centres such as Windsor and London that this retail store will likely be the only store located in Chatham- Kent. As such, staff will not be undertaking the exercise of establishing special Official Plan policies or special zone provisions for additional stores. City of Guelph The City of Guelph was also selected to be home of a provincially-operated cannabis retail store by July 1, 2018. In discussions with City staff, it was confirmed that the City considers the use to be a ‘retail store’ and advised the OCRC of the preference to locate the use within 2 commercial nodes of the City that are removed from existing schools. It was also confirmed that as requested by City Police that the cannabis retail store not be permitted to locate in the downtown area as avoid potentially intensifying the on-going drug trafficking and crime problems in the City’s downtown. It was also confirmed that no further work will be undertaken to develop special Official Plan policies in regard to the location of these types of stores, nor will the use be specifically defined in the City’s Zoning By-law separate from a ‘retail store’. Additionally, considering that the cannabis retail store will be operated by the Province, Guelph is not intending to license the retail use. City of Brantford The City of Brantford was selected to be home of a provincially-operated cannabis retail store by July 1, 2018. Prior to the announcement from the Provincial government regarding the planned public system of dispensing recreational cannabis a number of municipalities took steps to regulate and restrict cannabis dispensaries. Staff of the City of Brantford recommended introducing a definition for a cannabis retail outlet into the City’s Zoning By-law the purpose of which was to prohibit the use until such time as the Federal and Provincial government has provided legislation and direction to municipalities. This recommendation was subsequently approved by City Council in June, 2017. Since this time it was confirmed that the initial concerns respecting private owners operating cannabis retail stores have been alleviated given the fact that the Province will be the retailer of recreational cannabis. It was further noted that City staff are currently meeting to determine the best approach going forward in terms of determining the appropriate location for cannabis retail 271 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 6 of 10 stores in order to provide those details to the Province in terms of potential locations to locate the store. Nonetheless, it was indicated to Planning staff that it is likely that Brantford will look at the cannabis retail use in the same regard as an LCBO store and deem it to be a commercial retail use. City of Mississauga The City of Mississauga has been selected to be home of a provincially-operated cannabis retail store by July 1, 2018. City staff recommended that the City zone and license the production of recreational cannabis similar to how Mississauga currently regulates the production of medical cannabis. Legal Services further recommended that zoning and licensing measures be put in place for the production of cannabis edibles once it becomes legal in 2019. Further to this it was advised that Mississauga will be licensing private sector cannabis producers but not cannabis retailers. ISSUES AND OPTIONS FOR TILLSONBURG There are several potential land use planning and non-planning matters to be considered regarding the siting of a cannabis retail store that protects the public interest and appropriately plans for such a store within the Town of Tillsonburg: Issue #1 – Locations near vulnerable populations From a planning perspective, it can be considered a land use conflict to locate cannabis retail stores near other lands uses that are frequented by vulnerable populations. Such locations may include those that attract minors, including schools, libraries, community centres, and arenas. It is possible that cannabis retail stores may attract drug trafficking. Cannabis retail stores in locations close to vulnerable populations may facilitate the illegal re-distribution of cannabis from adults who purchase the product for minors in nearby facilities. Furthermore, locating stores near these facilities may make the product more attractive and accessible to a large population of minors. This matter has been a consistent concern expressed by other municipalities in avoiding vulnerable populations. As noted above, the City of London has established a standard of requiring such uses to be setback from schools and other public facilities by 500 m (1,640.4 ft.), which is a similar standard that the City established for the establishment of methadone clinics/dispensaries. Issue #2 – Permitted locations of a ‘Retail Store’ Tillsonburg’s Zoning By-law does not specifically define or regulate the commercial sale or dispensing of cannabis. For that reason, a cannabis retail store would be considered a ‘retail store’ in accordance with the relevant definitions of the By-law. Based on this, a cannabis retail store would be recognized as a permitted use in Central Commercial Zone (CC) contained in the City’s By-law. It is of note that through discussions with various municipalities, the Province has advised that the size of the typical cannabis retail store will have a gross floor area of approximately 232.2 272 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 7 of 10 m2 (2,500 ft2). This size is less than the 325 m2 (3,500 ft2) recommended minimum gross floor area for proposed retail uses within the service commercial designation. Issue #3 – Location in downtown areas An initial concern raised by many municipalities relates to locating cannabis retail stores in the downtown area where loitering is common and drug trafficking is more prevalent. In itself, the concern has been that allowing cannabis retail stores in these environments can potentially exacerbate the existing problems. That being said, in light of the announcement by the Province that cannabis will be sold exclusively by the Province through the OCRC those municipalities noted that the initial concerns respecting private shop owners selling cannabis have been alleviated and that the sale of cannabis is being held in the same regard as an LCBO store and is deemed to be a commercial retail use. Another factor to consider when sitting such a use in the downtown area is maintaining appropriate setbacks from uses/areas where youth populations may assemble, such as the Town Centre Mall, Tillsonburg Library, or Upper Deck Youth Centre and Annadale Public School. Nonetheless, it would be appropriate to obtain input from Tillsonburg Police Services as well as the Downtown Tillsonburg BIA and Chamber of Commerce to discuss concerns regarding the potential of locating a cannabis retail store in the downtown area. Issue #4 – Cannabis retail stores will need to have sufficient amounts of parking In discussions with staff of other municipalities it is anticipated that traffic volumes will be high for these facilities and it will be important to have sufficient parking to accommodate these uses. If there is inadequate parking, there is a high potential for negative impacts on adjacent neighbourhoods and nearby businesses, who will incur overflow parking. Having said this, Planning staff question whether a cannabis retail use would generate significantly larger amounts of on-site parking as an LCBO. Issue #5 – Some may illegally consume or re-distribute cannabis on or near the site of a cannabis retail store. The new legislation will not allow for the consumption of cannabis in public, in a car, or in a place of work. Similarly, it will not be legal to redistribute it to minors, after buying it legally. However, some may choose to either consume it on site, or nearby. It will be important to ensure that sites are designed to minimize obstructed views that make casual surveillance, enforcement and policing difficult. Larger sites will be preferable to smaller sites, to maximize the area that is under control, and applicable to the security, of the property owner and cannabis stores. Issue #5 – Public engagement With cannabis becoming newly legalized, and the public uncertain about what to expect from cannabis retail stores, it will be important to engage the public in meaningful processes leading to the siting of new facilities. Similarly, it will be important to include the public in the design of sites in order to address community concerns, mitigate potential impacts and integrate well into surrounding neighbourhoods and business areas. On an ongoing basis, cannabis retail stores 273 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 8 of 10 should work with representatives of the surrounding neighbourhood to identify issues and provide suggestions for how such issues may be addressed. Issue #6 – Licensing Under Section 11 of the Municipal Act, which dictates spheres of jurisdiction, Tillsonburg has the ability to license businesses and impose conditions that must be met for a business to obtain a license, as was the case in 2014, when the Town passed a General Business License by-law for new businesses establishing in the Town of Tillsonburg. Regulating the location of businesses through licensing has the potential to generate a number of issues. Land use planning is intended to be controlled through zoning by-laws and the Planning Act. The issue of regulating cannabis retail stores was brought before Mississauga General Committee in December, 2017 by the City’s Solicitor. The following was included in the staff report questioning the legality of licencing Provincially operated retail stores: “Staff do not recommend that the City put in place a licensing regime with respect to the sale of cannabis by the Province. According to the Municipal Act, 2001, municipalities have the ability to require businesses to obtain a licence in order to operate. However, the ability to licence at the municipal level cannot interfere with the Province’s right to govern Crown corporations and/or property. According to Ontario Bill 174, the Ontario Cannabis Retail Corporation (“OCRC”) will have the exclusive right to sell cannabis in Ontario. If the City were to require a licence from provincially run cannabis stores, it could be susceptible to a challenge that it is outside the City’s jurisdiction. The City does not currently require the Province to obtain licences for the operation of LCBO’s related to the sale of alcohol in the City of Mississauga. If the method of retail sale for cannabis changes to allow for the private sale of cannabis, staff can re-assess and report back to General Committee.” While licensing these facilities for the purpose of regulating their location could be a useful municipal tool it would not appear that licensing Provincially operated cannabis retail stores in Tillsonburg would be of any significant benefit and may in fact be subject to challenge by the Province. In addition, the Province has advised that they intend on respecting local zoning by-laws and regulations when siting cannabis retail stores. Comments OPTIONS In accordance with Federal regulation, the Province and its agencies are not bound by municipal policies, zoning by-laws or other local regulations with respect to the siting cannabis retail outlets. However, the Province has indicated to other municipalities that were selected to accommodate cannabis retail stores in 2018 that the Province intends to respect municipal policies and regulations. That being said, there are three options for Council to consider in terms of potentially locating this type of use within the Town: Option #1 – Do nothing and through discussions with the Province negotiate a suitable location for a potential cannabis retail store within Tillsonburg. 274 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 9 of 10 Option #2 – Prepare Official Plan policies and zoning regulations that plan for the location and design of cannabis retail stores. Under this option, cannabis retail stores would be pre-zoned within specific zones that are consistent with the policies created for the Official Plan. It may be necessary to create a definition of a cannabis retail store in the Tillsonburg’s Zoning By-law to differentiate the use from a ‘retail store’ and permit the use in some commercial zones of the Town that are consistent with policies contained in the Official Plan and also avoid compatibility issues with some commercial areas discussed above. Option #3 - Prepare an Official Plan policy that establishes location and design requirements by which site-specific zoning amendment applications for cannabis retail stores are evaluated. Under this option, such uses would not be pre-zoned and each new facility would require a zoning amendment and the public process that goes along with such an amendment. A matter to consider with this option is that now that it has been announced that at the Province will be the retailer of recreational cannabis many municipalities have determined that the use is to be treated similar to a LCBO store, which is permitted ‘as of right’ in many commercial zones. Similar to the case of potentially licensing these types of operations, if the Town were to require a zone change to permit a provincially run cannabis store, it could be susceptible to a challenge by the Province who may choose to simply disregard the Town’s requirements. It is of note that the Province has not identified Tillsonburg as a potential municipality to accommodate a cannabis retail store at this time. That being said, the Province has also noted of the intent to have approximately 150 total storefronts to be in operation by 2020 and it is also the intent of the Province to release final implementation/regulation details in the coming months after a complete list of municipal concerns have been assembled. RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg receive Planning Report No: CP 2018-123 as information. 2. And Further, it is recommended that Town staff and Planning staff be directed to monitor the release of final implementation and regulation details by the Province affecting cannabis retail stores and report to Tillsonburg Town Council on a recommended approach to siting new cannabis retail stores in the Town of Tillsonburg. 3. And Further, that Town staff be directed to forward a copy of Planning Report No: CP 2018-123 to the Tillsonburg Police Services Board, Downtown Tillsonburg BIA and Chamber of Commerce for review and consideration regarding the potential siting of a cannabis retail store within the Town of Tillsonburg. SIGNATURES Authored by: “Original signed by” Ron Versteegen, MCIP, RPP Senior Planner Approved for submission: “Original signed by” Gordon K. Hough, RPP 275 Report No: CP 2018-123 COMMUNITY PLANNING Council Date: May 14, 2018 Page 10 of 10 Director RV/rv April 24/18 276 = ATTENDANCE Jim Hayes John Bamford John Prno Gord Roesch Stephen Molnar Mel Getty Staff: Jeff Smith, Fire Chief Becky Turrill, Secretary MEMBERS ABSENT/REGRETS Shane Curtis Mike Dean 1. Call to Order The meeting was called to order at 7:06p.m. 2. Adoption of Agenda Moved By: Mel Getty Seconded By: Jim Hayes Resolution #1 THAT the agenda for the February 13, 2018 meeting as amended be approved. CARRIED 3. Disclosures of Pecuniary Interest and the General Nature Thereof - None 4. Adoption of Minutes of Previous Meeting Moved By: Steve Molnar Seconded By: Mel Getty Resolution #2 THAT the minutes of the January 9, 2018 meeting be adopted. CARRIED The Corporation of the Town of Tillsonburg FIRE STRAT PLANNING COMMITTEE February 13, 2018 7:00 p.m. Fire Station Training Room 80 Concession Street East MINUTES 277 Fire Services Strategic Planning Committee Meeting Minutes - 2 - 5. General Business & Reports 5.1. Underwriters Survey 5.1.1. Received as information 5.2. Risk profile discussion 5.2.1. Web tool examples given by Chief for review and discussion. 5.3 Tiered response 5.3.1 Information received from Gord Roesch regarding tiered response agreement. Moved By: Steve Molnar Seconded By: Mel Getty Resolution #3 THAT handout is received as information with all background information is brought to next meeting also to include supporting documents to move forward into the agreement. CARRIED 6. Next Meeting The next meeting of the Fire Services Strategic Planning Committee will be on March 13, 2018 at 7:00pm. 7. Adjournment Moved By: Gord Roesch Seconded By: John Bamford Resolution #4 THAT the Fire Services Strategic Planning Committee meeting of February 13, 2018 be adjourned at 8:35p.m. CARRIED 278 Tu= ATTENDANCE Mel Getty Craig Cole Don Baxter Susie Wray Chris Rosehart Stephen Molnar Margaret Puhr, Secretary MEMBERS ABSENT/REGRETS Donna Scanlan James Payne Mike Cerna Bob McCormick Janet McCurdy 1. Call to Order The meeting was called to order at 7:40am 2. Adoption of Agenda Moved By: Don Baxter Seconded By: Craig Cole Resolution #1 THAT the Agenda as prepared for the Parks and Recreation Advisory Committee meeting of April 17, 2018 be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof - None 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of March 20, 2018 The Corporation of the Town of Tillsonburg Parks & Recreation Advisory Committee Tuesday April 17, 2018 7:30am Marwood Lounge 45 Hardy Ave MINUTES 279 Parks & Recreation Advisory Committee Meeting Minutes - 2 - Moved By: Don Baxter Seconded By: Susan Wray Resolution #2 THAT the Minutes of the Parks and Recreation Committee Meeting of March 20, 2018 be approved. Carried 5. Delegations and Presentations - none 6. General Business & Reports 6.1. Resolution from Memorial Park Revitalization Sub-committee – circulated and attached Moved by: Susan Wray Seconded by: Craig Cole Resolution#3 THAT the Parks & Rec Advisory Committee endorse the proposed Outdoor Recreational Pad site plan as received to be presented to Council and to further include a review of all public safety – pedestrian and vehicle traffic around the site. Carried. 6.2. Clerk’s office to be notified that Susan Wray will be the representative on the Memorial Park Revitalization Sub-committee. 6.3. Program update: 1. MPRC is working on prioritization of the Memorial Park Master Plan action items. 2. Looking to Horticultural Society to get involved to assist with beautification in the park. 3. Request for a delegation from MPRC to present information on parking and further items prior to receiving motions. 4. Naming – signage: this committee should be consulted on the appearance of signage, other than trail signage. Public should be consulted prior to council endorsement. Moved by: Stephen Molnar Seconded by: Susan Wray Resolution #4 THAT all information pertaining to community wide wayfinding, memorial and sponsorship signage will be shared with the Parks & Recreation Advisory Committee for review and consultation. Carried. 280 Parks & Recreation Advisory Committee Meeting Minutes - 3 - 7. Correspondence - None 8. Other Business – 8.1. Round Table: Request to staff to update committee on playground lifecycle. Jumpstart program has a great grant for accessible playground, opportunity to apply. Maintenance of equipment – broken, unusable facilities and equipment give poor impressions of our community, is there proactive maintenance? How did the water park slide get to the point of being unusable despite annual inspections – request for staff update. 9. Closed Session 9.1. - None 10. Next Meeting The next meeting of the Parks & Rec Advisory Committee will be on Tuesday, May 22 at 7:30am in the Marwood Lounge. 11. Adjournment Moved By: Chris Rosehart Resolution #4 THAT the Parks & Rec Advisory Committee Meeting of April 17, 2018 be adjourned at 9:05am. 281 = ATTENDANCE MEMBERS PRESENT: Ken Butcher, Paul DeCloet, Penny Esseltine, Corey Hill, Robert Marsden, Sue Saelens, Marian Smith MEMBERS ABSENT/REGRETS: Charles Baldwin, Reg Butcher, Christine Nagy, Laura Pickersgill, Maurice Verhoeve, Paul Wareing 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Moved By: P. DeCloet Seconded By: S. Saelens Proposed Resolution #1_ THAT the Agenda for the Heritage, Beautification & Cemetery Advisory Committee meeting of April 5, 2018 be adopted with additions. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof: None 4. Adoption of Minutes of Previous Meeting Moved By: K. Butcher Seconded By: P. Esseltine Proposed Resolution #2 THAT the minutes for the March 1, 2018 meeting be approved. Carried. 5. Delegations and Presentations – None 6. General Business & Reports 6.1 Report from Tillsonburg Horticultural Society (THS) – Confirmed contributions for the Broadway urns are $1,000 from Knights of Columbus, $700 from THS, $350 from Rotary Club and $350 from Tillsonburg Lions Club plus one from The Garden Gate. Additional beautification funding approved by THS Board so this season’s contribution is over $7,000. Garden Auction date is Tuesday, May 15 with doors opening at 5:30 p.m. Moved By: P. DeCloet Seconded by: S. Saelens Proposed Resolution #3 THAT the Heritage, Beautification & Cemetery Advisory Committee accept the report as submitted. Carried 7. Correspondence 7.1 Ontario Heritage Conference is June 7-9, 2018 7.2 Letter from Ministry of Government & Consumer Services The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE April 5, 2018 9:00 a.m. Corporate Annex 200 Broadway MINUTES 282 8. Other Business 8.1 Heritage Designations for church windows – no response from the churches yet. 8.2 Century Home plaques – deferred to next meeting 8.3 Keep Tillsonburg Beautiful – May 5 from 9:30-11:00 at either the bandshell or pavilion. Corey – coffee, garbage bags, advertising; Paul – caterer, trees for Lions Grove; Marian – tickets for draws, gloves from Home Hardware.; Sue – sign-up sheet for cleanup in different areas of town. 8.4 Scattering Gardens – company has been awarded contract to design and construct the gardens 9. Next Meeting The next meeting of the Heritage, Beautification & Cemetery Advisory Committee will be on May 3, 2018 at 9:00 a.m. in the Annex Meeting Room, 200 Broadway. 10. Adjournment Moved By: P. DeCloet Proposed Resolution #5 THAT the Meeting of Heritage, Beautification & Cemetery Advisory Committee on April 5, 2018 be adjourned at 9:28 a.m. Carried. 283 = ATTENDANCE: Matt Scholtz, Chair John Armstrong Brian Stephenson Mayor Molnar Staff: Laura Pickersgill, Legislative Services Coordinator Regrets: Sam Lamb Mary Anne VanGeertruyde 1. Call to Order The meeting was called to order at 2:03pm. 2. Adoption of Agenda Resolution #1 Moved by: John Armstrong Seconded by: Brian Stephenson THAT the Agenda as prepared for the Special Awards Committee meeting of April 30, 2018, be adopted. Carried 3. Disclosure of Pecuniary Interest None The Corporation of the Town of Tillsonburg SPECIAL AWARDS COMMITTEE Monday, April 30, 2018 2:00pm Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 284 Special Awards Committee Minutes - April 30, 2018 - 2 - 4. Approval of Previous Minutes Resolution #2 Moved by: John Armstrong Seconded by: Stephen Molnar THAT the Special Awards Committee Minutes dated April 10, 2018 be approved. Carried 5. Pending Business from Previous Meetings i) Citizen of the Year Discussion Matt Scholtz will be Master of Ceremonies for the Citizen of the Year event. Individuals have been confirmed to speak at the event. Staff to prepare a media release for the event. A recognition brick is to be engraved and installed on Library Lane. Recipient will be contacted to confirm what name will be shown on the plaque. Laura will coordinate with the recipients’ daughter, Jane Anne McLean on decorations and setup for the room. Staff will order the wooden plaque as well as food and drinks for the event. Marketing Department to prepare the event agenda. ii) Physician Nomination Correspondence This item is tabled. 6. General Business and Reports 6.1. Volunteer Achievement Awards Recipients have been chosen until the month of September. 7. Other Business i) Terms of Reference Review Role of the Special Award Committee 1.3 nominations for provincial awards on a timely basis 1.3 is 1.4 Receive nominations and nominate the Citizen of the Year. 1.5 is citizen of year Chairs of each committee need to meet on a 285 Special Awards Committee Minutes - April 30, 2018 - 3 - regular basis. 2.3 decrease four year term to two year term with possibility of reappointment. Term limits? Further that are 4 consecutive terms (8 years) 3.4 timeline set on agenda sent out 2.2 change composition to one council member instead of 2, 3 community members Brian moved, John seconded ii) Invite her to May 14th Council meeting for presentation 8. Round Table 9. Next Meeting The next meeting will be held June 5, 2018 at 2:00pm. 10. Adjournment Resolution Moved by: John Armstrong Seconded by: Brian Stephenson THAT the April 30, 2018 Special Awards Committee meeting be adjourned at 3:29 p.m. Carried 286 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Mary Lou Sergeant, Dianne MacKeigan, MEMBERS ABSENT/REGRETS Chris Rosehart/ Jami Stephenson 1. Call to Order The meeting was called to order at 4:35 pm 2. Adoption of Agenda Moved By- Mary Lou Sergeant Seconded By- Marianne Sandham Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of April 26, 2018, be adopted as amended to include: 8.4 Outside Painting 8.5-Fascia Repairs Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of March 22, 2018 Moved By: Marianne Sandham Seconded By: Dianne MacKeigan Proposed Resolution #_2 THAT the Minutes of the Museum Advisory Committee Meeting of March 22 ,2018 be approved. Carried 5. Delegations and Presentations-none The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, April 26, 2018 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES 287 6. General Business & Reports 6.1. Financial- $114,917.69 in the account +$2000.00 donation (Stewart Fleming) to be deposited 6.2. Tour Guides- One new guide, Elizabeth Mestyan, in training 6.3. Curator’s Report- The Curator’s report was circulated and included the following highlights: 1. March numbers were down. Weather was probably a mitigating factor, 2. The opening of the “Wonderful World of Wool Show” was rescheduled to April 29. 3. The next exhibit will be the 45th anniversary exhibit “A Few of Our Favourite Things”. It will open officially with a party on June 29th. 4. The exhibit in the Corner Gallery is a Open Juried Exhibition and is on till June 7. 5. The April 19th presentation of postcards from the collection highlighted holiday cards and is the last one until fall. 6. Lunch and Learn series have been very popular with 60 guests for April’s talk by Joan Weston. 7. Cassidy Adcock has been hired for the summer Tourism position. Interviews for the assistant collection position will be conducted next week. 8. All staff underwent training in the new front desk software system. 9. Museum will be open from 7-9 pm on Wednesdays during the month of May. These hours were in effect in 1973. 10. Tenders have gone out for porch, eaves and soffit repairs. 11. The museum has been entered again in the Ontario’s Choice Awards this year. 12. Turtlefest plans are underway. Pioneers will be on the lawn for Turtlefest, June 15,16,17. Moved By: Patty Phelps Seconded By: Mary Lou Sergeant Proposed Resolution # 3 THAT the reports be adopted as circulated. Carried 288 7. Correspondence- none 8. Other Business 1. Summer students- covered in the curator’s report. 2. Porch repairs- covered in the curator’s report 3. Souvenir bags ordered. Marketing department is working on the other possible souvenir items. 4. Painting covered in the curator’s report 5. Fascia repairs will be included in tenders for eaves and soffits. 9. Closed Session 10. Next meeting- Thursday April 24, 2018 11. Adjournment Moved by Marianne Sandham Proposed Resolution #4 THAT the museum advisory committee meeting be adjourned at 5:10 pm 289 290 291 292 293 294 295 296 TILLSONBURG BUSINESS IMPROVEMENT AREA BOARD MEETING MINUTES Tillsonburg BIA Office Wednesday April 18, 2018 - 7 pm 1. CALL TO ORDER The meeting was called to order by Chair, K. Miggens at 7:20 p.m. Present: C. Tomico, K. Miggens, W. Cameron, J. Scott, M. Rosehart, M. Tedesco Non Voting: C. Pepper, Town Liaison Regrets: Councillor P. Esseltine, D. Rasokas Absent: K. West then Regrets: at 7:23pm 2. ADOPTION OF AGENDA Moved by: J.Scott Seconded by: W. Cameron AND RESOLVED THAT THE AGENDA OF April 18th , 2018 be accepted “Carried” 3. ADOPTION OF MINUTES Moved by: W. Cameron Seconded by: J.Scott AND RESOLVED THAT THE MINUTES of the March 22nd , 2018 be accepted “Carried” Business Arising of the minutes: - C.Pepper presented the possibility of having the cell phone under the town's umbrella and the town replied favourably. A discussion was had on whether a land line over a cell phone is better or vise versa. The majority of the board members thought that a cell phone would be the better option. - K. Miggens reported that she has had quite a tough time cancelling our bluehost account and that she has instructed them that they are “not authorized” to charge the credit card in the future. They have sent back that our account will be cancelled for non payment by April 20th. - Banner schedule was discussed. C. Tomico reported that he has been in touch with Classic Displays however has no further information on the Canada Flag Banners. In the meantime C. Tomico will send an email to the town to hang the Turtlefest Banners as soon as weather works. - April 23rd is the date when M. Rosehart and M. Tedesco names go forth for approval by council to join the BIA Board of management - K. Miggens reported on behalf of the treasurer that they are content with the books as they are currently. The hope is to keep everything in good order so as to hope that the Audit will be easier to do and that GRK will stay on as our Auditor. - K. Miggens reported that W. Cameron will receive a spreadsheet to better track the FIP program moving forward. 297 - C. Tomico reported that the company willing to do the investigative work for the EBB signs now charge $95/hr. They will figure out what we need but we will need to cover their time to do this. C. Tomico to send an email suggesting we may be interested in new signs as well. ADOPTION OF MINUTES of the AGM Moved by: J.Scott Seconded by: K. Miggens AND RESOLVED THAT THE MINUTES of the AGM of March 27nd , 2018 be accepted “Carried” 4. Treasurer's Report -D. Rasokas reported by email as follows: I am attaching the reports that I look at in order to audit our books each month. I have reviewed the March books and everything looks in order. I use the following to do a sense test on the books: P&L: Actuals 2018 vs. budget March 2018 vs. March 2017 Year to Date 2018 vs. Year to Date 2017 12 months ending March 31 2018 vs. 12 months ending March 31 2017 Expenses Paid to each supplier: March 2018 vs. March 2017 Year to Date 2018 vs. Year to Date 2017 12 months ending March 31 2018 vs. 12 months ending March 31 2017 I have not found any items that are beyond the normal expenses or that do not have sufficient back up to justify. Debbie and I met with our Accountant today to discuss a plan to ensure that our books are kept in order going forward and have set out a plan that will make sure that we are in good standing. This will hopefully reduce our audit costs each year. 5. Committee Reports A) Beautifications -C. Tomico reported that he has been in touch with Classic Displays by email but has not been able to connect with them yet. He is trying to get more information with the Canada banners so as to have them hung along with Turtlefest ones. Action Item: C. Tomico to figure out what banners we do have and still create the schedule. 298 B) Marketing & Promotions -C.Pepper reported on the Turtlefest Block party and how far they have come with the current organization of this years event. Some very large opportunities are available to help fundraise for the overall event itself. -Some exciting acts include, Aerial artists, 3D chalk guy, Baseball performer. -C. Pepper asked that when she has all the info ready if we could send it out using our email distribution list. -K. Miggens reported that our list is seriously out of date and is something that needs tending to. C) By Law and Zoning No Report D) Communications -None 6. Other Business A) FIP - W. Cameron reported that the regular meeting was cancelled so had nothing to report B) Chamber of Commerce Report -No Report 7. New Business Discussion - A discussion was had around the table about other promotions like sidewalk days and Christmas Crawl to drum up more business in the town. The concern is that we are having a tough enough time finding people to do what we currently have as a workload, especially without a Executive Director. -At this time the most important item facing our board is finding a new Executive Director, however we still need volunteers from the membership to help out on individual committees. -The idea of inviting a BIA membership meeting to brainstorm different promotion ideas for our town was discussed. C. Pepper suggested a “Baconfest” idea and that she could develop a logo and flyer to have something to present at this meeting. -C. Pepper mentioned that with G. Bossy joining the Oxford County Tourism we should be trying to capitalize on that energy. -K.Miggens mentioned the cheese trail event that happens and suggested we join into that somehow. -M. Tedesco asked the question of Pop Up Shops type programs which is similar to the Win this Space program that existed at one point through the OBIAA. -M. Rosehart suggested that the BIA champion the idea that parking will eventually need to be improved and that some of the surplus paid from the BIA membership for parking maintenance currently gets earmarked in the future for reserves to build a parking structure. 299 8. Roundtable K. Miggens nothing C. Pepper nothing W. Cameron nothing J. Scott nothing C. Tomico nothing M. Rosehart nothing M. Tedesco nothing 9. Next Meeting - Wednesday May 16, 2018 at 7:00pm Motion to adjourn: 9:22pm C.Tomico 300 301 302 303 304 305 306 307 308 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4172 A BY-LAW to amend By-Law 3596, to prohibit smoking in certain public places within the Town of Tillsonburg. WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s smoking by-law to include cannabis in the definition of “smoking products” due to the pending legalization of cannabis; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1.0 DEFINITIONS AND INTERPRETATIONS 1.10 “Smoking Product” means tobacco, tobacco-like product or cannabis whose primary purpose is to be burned or heated to produce vapours, gases or smoke, which are inhaled, and shall include but is not limited to non-tobacco herbal shisha, and other plant material or oils intended for inhalation; READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MAY, 2018. _______________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 309 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 4194 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2018. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2018, and endorsed by resolution, February 12th, 2018, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $14,815,000 . B) A special levy for core area parking of $141,500 C) A special levy for the Business Improvement Area of $130,116 2) That the tax rates hereby adopted for each class for the year 2018, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 23, 2018 SECOND INSTALMENT Thursday, October 25, 2018 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2018 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2018, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 310 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2018 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MAY, 2018. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 311 2018 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00765228 0.00022882 0.00402892 0.00170000 0.01361002 0.00113187 0.01474189 MT MULTI-RESIDENTIAL 0.01743342 0.00052130 0.00954854 0.00170000 0.02920326 0.00268254 0.03188580 CT COMMERCIAL 0.01455310 0.00043517 0.00766219 0.01340000 0.03605046 0.00215260 0.00200130 0.04020436 XT COMMERCIAL NEW CONSTRUCTION 0.01455310 0.00043517 0.00766219 0.01090000 0.03355046 0.00215260 0.00200130 0.03770436 CU EXCESS LAND 0.01018717 0.00030462 0.00536354 0.00938000 0.02523533 0.00150682 0.00140091 0.02814306 CX VACANT LAND 0.01018717 0.00030462 0.00536354 0.00938000 0.02523533 0.00150682 0.00140091 0.02814306 XU COM'L NEW CONST. - EXCESS LAND 0.01018717 0.00030462 0.00536354 0.00763000 0.02348533 0.02348533 IT INDUSTRIAL 0.02012550 0.00060179 0.01059606 0.01340000 0.04472335 0.04472335 JT INDUSTRIAL NEW CONSTRUCTION 0.02012550 0.00060179 0.01059606 0.01090000 0.04222335 0.04222335 IU EXCESS LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 IX VACANT LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 LT LARGE INDUSTRIAL 0.02012550 0.00060179 0.01059606 0.01340000 0.04472335 0.04472335 LU EXCESS LAND 0.01308157 0.00039117 0.00688744 0.00871000 0.02907018 0.02907018 PT PIPELINES 0.00963652 0.00028815 0.00507362 0.01033737 0.02533566 0.02533566 FT FARMLAND 0.00179829 0.00005377 0.00094680 0.00042500 0.00322386 0.00322386 R1 FARMLAND DEV PH 1 0.00344352 0.00010297 0.00181302 0.00076500 0.00612451 0.00612451 GT PARKING LOT 0.01455310 0.00043517 0.00766219 0.01340000 0.03605046 0.03605046 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 Schedule "A " to By-Law 4194 312 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4195 A BY-LAW to appoint a Manager of Finance/Deputy Treasurer for the Town of Tillsonburg. WHEREAS section 286 (1) of the Municipal Act, 2001, S.O. C 25 provides that a municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality; AND WHEREAS section 286 (2) of the Municipal Act, 2001, S.O. C 25 provides that a municipality shall appoint a deputy treasurer who shall have all the powers and duties of the treasurer; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it is necessary and expedient to appoint a Manager of Finance/Deputy Treasurer for the Corporation of the Town of Tillsonburg; THEREFORE the Council of the Town of Tillsonburg enacts as follows: I. THAT Sheena Hinkley is hereby appointed as Manager of Finance/Deputy Treasurer. 2. THAT this By-Law is passed pursuant to the Section 286 (2) of the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. THAT By-Law 3865 to appoint Andrew Jones and By-Law 3929 to appoint Janelle Costantino are hereby repealed. 4. THAT Any previously enacted By-Laws which are inconsistent with the purpose and intent of thisAny previously enacted By-Laws which are inconsistent with the purpose and intent of this By-Law are hereby repealed. 5. THAT This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14TH DAY OF May, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14TH DAY OF May, 2018. __________________________ MAYOR - Stephen Molnar _________________________ TOWN CLERK – Donna Wilson 313 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4196 A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario as represented by the Minister of Transportation. WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Town of Tillsonburg and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; AND WHEREAS The Town of Tillsonburg is desirous of entering into a Connecting Links Program Funding Agreement with Her Majesty The Queen In Right Of Ontario. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached funding agreement on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 14th DAY OF May, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF May, 2018. _____________________________ Mayor – Stephen Molnar _____________________________ Town Clerk – Donna Wilson 314 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 1 of 44 CONNECTING LINKS PROGRAM CONTRIBUTION AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Transportation (“Ontario”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS subsection 21(2) of the Act states that every such highway remains under the jurisdiction and control of the road authority; AND WHEREAS subsection 44(1) of the Municipal Act, 2001 S.O. 2001, c. 25, s. 485(1) as amended from time to time, states that a municipality that has jurisdiction over the highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Recipient and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; 315 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 2 of 44 AND WHEREAS the Recipient has applied to the Connecting Links Program for funding to assist the Recipient in carrying out the Project and Ontario wishes to provide funding for the Project; AND WHEREAS the Recipient is eligible to receive funding under the Connecting Links Program to undertake a Project; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. “Act” means the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended from time to time. “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Adjust the Funds” means Ontario’s right to adjust, without limitation, liability, costs or penalty any Funds provided to the Recipient in respect of the Project under this Agreement. “Agreement” means this agreement between Ontario and the Recipient, including all Schedules attached hereto. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes. “Business Day” means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. “Communications Protocol” means the protocol set out under Schedule “F” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or financial interests that could, or could be seen, to interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. 316 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 3 of 44 “Connecting Link” means the highway named in Schedule “A” to this Agreement that is a highway under the jurisdiction of the Recipient and has been designated as a connecting link or as an extension of a King’s Highway by the Minister pursuant to subsection 21(1) of the Act. “Connecting Links Program” means the program administrated by the Ministry of Transportation to provide funding for the costs of the Connecting Link in accordance with the Act and the Connecting Links Program Guide. “Connecting Links Program Guide” means the Ministry’s document, entitled “Ministry of Transportation Connecting Links Program Guide,” as amended from time to time by the Ministry, that describes the Ministry’s Connecting Link Program. “Contractor” means any third-party contractor that the Recipient retains to undertake any part of the work related to the construction of the Project. “Consultant” means any third-party consultant, engineer, Project manager, architect or other service provider, as the case may be, the Recipient retains to undertake any part of the work related to the Project. “Contract” means a contract between the Recipient and a third party at Arm’s Length whereby the latter agrees to provide a good or service for the Project in return for financial consideration that may be claimed as an Eligible Cost. “Crown Agency” means a Crown Agency as defined in the Crown Agency Act (Ontario). “Effective Date” means the date set out at Part B.1 of Schedule “B” of this Agreement. “Eligible Costs” means the costs described in Part D.1 of Schedule “D” of this Agreement. “End of Funds Date” means the date set out in Part C.3 of Schedule “C” of this Agreement. “Event of Default” has the meaning given to it in section 15 of this Agreement. “Expiration Date” means the date set out in Part B.4 of Schedule “B” of this Agreement. “FIPPA” means the Freedom of Information and Protection of Privacy Act (Ontario). “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Fiscal Year” means the period beginning April 1st in any year and ending on March 31st of the following year. “Funds” means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. “Indemnified Party” means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees, servants and employees. 317 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 4 of 44 “Ineligible Costs” means the costs described under Part D.2 of Schedule “D” of this Agreement. “King’s Highway” means a highway designated as a King’s Highway by the Lieutenant Governor in Council pursuant to the Act. “Maximum Funds” means the amount set out under Part C.1 of Schedule “C” of this Agreement. “Minister” means the Minister of Transportation. “Ministry” means the Ministry of Transportation and any employees employed therewith. “Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. “Parties” means Ontario and the Recipient. “Party” means either Ontario or the Recipient, as the case may be. “Project” means the Work to be performed for the project described in Schedule “A” of this Agreement. “Project Completion Date” means the date set out in Part B.3 of Schedule “B” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario). “Reports” means the reports set out in section 13 of this Agreement and set out in Schedule “G” of this Agreement. “Requirements of Law” means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act (Ontario). “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. “Work” includes the goods and services to be performed to design, construct and reconstruct the Connecting Link and such other work described in the Connecting Links Program Guide consistent and necessary for the Project. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 318 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 5 of 44 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include the masculine and feminine variations thereof and vice versa and a singular pronoun shall be deemed to include a reference to the plural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recitals. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule “A” Project Description “B” Operational Requirements Under The Agreement “C” Financial Information For The Project “D” Eligible And Ineligible Costs “E” Aboriginal Consultation Requirements “F” Communications Protocol “G” Reporting Requirements 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. 319 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 6 of 44 SECTION 3 GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide up to the Maximum Funds to the Recipient in accordance with Schedule “C” of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete the Project. The Recipient must have such funding or have secured access to the funding prior to commencing the Project. Ontario may require proof that funding has been secured for the Project before providing any Funds under this Agreement. 3.2 Ontario’s Role Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario’s role is strictly limited to providing Funds and that Ontario will have no other involvement in the Project or its subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to the Project. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Project. The Recipient shall only use the Funds being provided under this Agreement towards Project, as described in Schedule “A” of this Agreement. The Recipient further agrees that it will not make any changes to the Project, as described in Schedule “A” of this Agreement, without first obtaining Ontario’s prior written consent. 3.5 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.6 Project Completion. The Project shall be Substantially Completed by the Project Completion Date. 3.7 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project. 3.8 Asset Retention. The Recipient shall comply with Part B.6 of Schedule “B” of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. 320 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 7 of 44 3.9 Behavior Of Recipient. The Recipient shall carry out any Project in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.10 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under this Agreement 3.11 Ontario May Impose Additional Conditions On The Recipient. Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs for the Project. 4.2 Deposit Of Funds In Interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 Interest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Reports set out under Schedule “G” of this Agreement. The Recipient shall, unless otherwise directed by Ontario, only use any interest earned on the Funds for Eligible Costs for the Project. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part D.1 of Schedule “D” of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part D.2 of Schedule “D” of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part D.1 of Schedule “D” of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided 321 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 8 of 44 under this Agreement, Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within twenty (20) Business Days of receiving a written demand from Ontario, after which the outstanding amount may be subject to interest charges in accordance with section 16.17 of this Agreement. Where the Recipient receives an overpayment and has not received a notice from Ontario in regards to that overpayment, the Recipient shall notify Ontario of the overpayment within twenty (20) Business Days of becoming aware of the overpayment. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement without liability, cost or penalty. 4.11 Funds Are Part Of Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after April 1, 2018 and prior to the Project Completion Date. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part C.4 of Schedule “C” of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, Ontario may withhold the payment of any Funds to the 322 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 9 of 44 Recipient without liability, costs or penalty until the Recipient has met the following conditions precedent: (a) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario’s request; (b) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario’s request; and (c) The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient under this Agreement without liability, costs or penalty where: (a) Ontario is of the opinion that the Project is not progressing in accordance with how other Projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Ontario Community Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. SECTION 6 RECIPIENT’S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.1 Recipient’s Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario’s rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; 323 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 10 of 44 (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (f) All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete as of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Additional Covenants. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 6.3 Recipient Shall Provide Proof Of Compliance Upon Ontario’s Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.2 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement without liability, costs or penalty until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of Interest. The Recipient shall ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of Interest. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest; and (b) Comply with any terms and conditions that Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. 324 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 11 of 44 SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense or arrange for its Consultant or Contractor to have all necessary insurance that would be considered appropriate for the Project and shall ensure that there is Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part B.2 of Schedule “B” of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (f) Tenants Legal Liability (for premises/building leases only); (g) Non-Owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers, servants, employees and agents arising out of or in any way related to this Agreement. 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: 325 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 12 of 44 (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Further Indemnification Requirements. The following are additional requirements related to the Recipient’s indemnification of Ontario: (a) The Recipient shall, at its own expense, to the extent requested by Ontario, participate in or conduct the defence of any proceedings against any Indemnified Party and any negotiations for their settlement; (b) Ontario may elect to participate in or conduct the defence of any proceeding by providing notice to the Recipient of such election without prejudice to any other rights or remedies that Ontario has under this Agreement, at law or in equity. Each Party participating in the defence shall do so by actively participating with the other’s counsel; (c) The Recipient shall not enter into a settlement of any proceeding against an Indemnified Party unless the Recipient has obtained the prior written approval of Ontario. If the Recipient is requested by Ontario to participate in or conduct the defence of any proceeding, Ontario will cooperate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations; and (d) If Ontario conducts the defence of any proceedings, the Recipient shall cooperate with and assist Ontario to the fullest extent possible in the proceedings and any related settlement negotiations. 9.5 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and 326 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 13 of 44 injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient shall also use commercially reasonable efforts to ensure that the terms and conditions set out under section 9.4 of this Agreement are included in any Contracts that the Recipient enters into with any third party. The Recipient further agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.5 of the Agreement as against any third party. 9.6 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the Recipient’s Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.6 of the Agreement as against any third party. SECTION 10 ACQUISITION OF GOODS AND SERVICES 10.1 Acquisition. Despite anything else contained in this Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired in a fair and transparent manner and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 10.2 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 10.3 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent and fair process that promotes the best value for the Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written quotes 327 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 14 of 44 unless Ontario gives prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for the equipment, services or supplies purchased. 10.4 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.5 Contracts. The Recipient shall ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (f) Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.6 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to the Project for a period of at least seven (7) years after the Term of this Agreement. 10.8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the extent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting Its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it 328 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 15 of 44 may have to consult with and, if required, accommodate any Aboriginal Group with an interest in the Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “E” of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as Ontario’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to the Project. 11.3 Recipient’s Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of Ontario in accordance with Schedule “E” of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions Ontario may issue in relation to consultations, including suspending or terminating the Project; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in the Project, as set out under Schedule “G” of this Agreement. 11.4 Recipient Shall Not Start Construction On The Project Until Recipient Provides Evidence To Ontario That Notice Of The Project Has Been Given To Identified Aboriginal Groups as Directed by Ontario. The Recipient shall not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups identified in accordance with Schedule “E” of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the Communications Protocol set out under Schedule “F” of this Agreement. SECTION 13 REPORTS 13.1 Reports. The Recipient shall submit the Reports set out in Schedule “G” of this Agreement in accordance with the dates set out for each of those Reports set out in Schedule “G” of the Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Additional Reports Upon Request. The Recipient shall, upon Ontario’s request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. 329 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 16 of 44 13.3 Compliance Attestation. The Recipient shall provide a compliance attestation that is signed by the Recipient’s Administrative Officer/Clerk or Treasurer for any reports required under sections 13.1 and 13.2 of this Agreement. SECTION 14 RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION 14.1 Recipient’s Obligations Under Agreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially-related documents relating to any Funds or otherwise in relation to the Project in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient’s Premises And Projects’ Premises At Any Time. Ontario reserves the right to inspect the Recipient’s premises and any premises of the Project at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon twenty-four (24) hours’ written notice and during normal business hours, enter the Recipient’s premises to review the status of the Project and to copy any financial records, invoices and other financially- related documents, including all Contracts the Recipient has entered into in relation to the Project. 14.3 Audits. Ontario may, at its own expense, conduct audits of the Project. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General’s cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General: (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or the Project as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Precedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement without liability, costs or penalty. 330 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 17 of 44 SECTION 15 DEFAULT AND TERMINATION 15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of this Agreement within 30 days of receiving written notice of the breach from Ontario; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of the other funding agreement within 30 days of receiving written notice of the breach from Ontario; (iv) The Recipient is unable to continue with the Project or the Recipient is likely to discontinue the Project; or, (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an Event of Default has occurred, Ontario shall have the following remedies: (a) Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 15.5 Ontario’s Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate 331 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 18 of 44 this Agreement at any time upon one hundred and eighty (180) days’ notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. As well, the rights, duties and powers of the Minister of Transportation under this Agreement may be exercised by the Regional Director for the Region where the Project is located. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall ensure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the notice provisions set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. For greater certainty, where Ontario chooses to waive a term or condition of the Agreement, such waiver shall only be binding if provided by a person who indicates in writing that he or she has specific authority to provide such a waiver. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver by Ontario of its rights to require strict performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 16.7 Time Is Of The Essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 332 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 19 of 44 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Recipient and the Regional Director of the Ministry’s Region where the Project is located. 16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Recipient’s Consultants/Contractors. Ontario acknowledges and recognizes that, in connection with the carrying out the Project, the Recipient may engage one or more Consultants or Contractors. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents, Consultants or Contractors, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient’s employees, agents, Consultants and Contractors and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing Ontario concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; (b) It has not and will not make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms and/or conditions of this Agreement; and 333 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 20 of 44 (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario. Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may set-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act (Ontario) or the Financial Administration Act (Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part B.5 of Schedule “B” of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings in connection with this Agreement shall be conducted in Ontario. 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to 334 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 21 of 44 the subject matter of this Agreement has any legal effect. No representation or warranty, whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 1, 3 to 6, 9, 11 and 13 to 15; subsections 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts B.5 and B.6 of Schedule “B” of this Agreement and Schedules “E” and “F”; along with all cross-referenced provisions within the foregoing sections, subsections and Schedules. [REST OF PAGE INTENTIONALLY LEFT BLANK] 335 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 22 of 44 IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation or Delegate ______________________________________ ___________________ Name: Linda McAusland Date Title: Assistant Deputy Minister, Provincial Highways Management Division I have the authority to bind the Crown. THE CORPORATION OF THE TOWN OF TILLSONBURG ______________________________________ ___________________ Name: Date Title: AFFIX CORPORATE SEAL ______________________________________ ___________________ Name: Date Title: I/We have the authority to bind the Recipient. 336 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 23 of 44 SCHEDULE “A” PROJECT DESCRIPTION Application Project Name: Highway 19 – Broadway Street Rehabilitation Approved Project Name: Rehabilitation of Broadway Street (Highway 19) Project Description: The location of road surface rehabilitation work is along Broadway from the north Town limits southerly to the approach lands south of the North Street intersection (near the south access of the Shell Gas Station), a distance of 1.036km. The proposed work ties into the Ministry of Transportation’s Highway 19 rehabilitation project from Mt. Elgin to Tillsonburg north Town limits (MTO Contract No. 2016-3011) and the North Street Reconstruction work by Oxford County in Fall 2017 which involved servicing work within the outside northbound land of Broadway from north Street northerly for approximately 150m. Project Description Details (from Application): The project work includes full-depth road surface rehabilitation. The scope of work includes geotechnical investigation, detailed design and construction for 1.036km (from north Town limits to beginning of the intersection approach lanes south of North Street near the south access of the Shell Gas Station). Under an Oxford County contract, a new 200mm diameter sanitary sewer on Broadway, from North Street to approximately 150m north of North Street is scheduled to be completed in Fall 2017. The newer sewer will be installed at a depth of about 2.5m below existing road grade and located within the outside northbound lane of Broadway facilitating sanitary sewer connection for properties located on the east side of Broadway. This section will be resurfaced as part of this project to minimize construction joints. 337 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 24 of 44 SCHEDULE “B” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART B.1 – EFFECTIVE DATE OF AGREEMENT B.1.1 Effective Date Of Agreement. The Effective Date of this Agreement is the date in which the Province signs the Agreement. PART B.2 – INSURANCE REQUIREMENTS B.2.1 Insurance Requirements. The Recipient or its agent(s) shall have no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART B.3 – PROJECT COMPLETION DATE B.3.1 Project Completion Date. The Project shall be completed no later than December 31, 2018. For clarity this means Substantial Completion must have occurred and the project construction work must have been completed. PART B.4 – EXPIRATION DATE B.4.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2019. PART B.5 – NOTICE AND CONTACT B.5.1 Notice And Contact Information. Notices under this Agreement shall be sent in accordance to the following: To Ontario: Ministry of Transportation Operations Office 301 St. Paul Street, 2nd Floor St. Catharines, Ontario L2R 7R4 Attention: Program Coordinator, Connecting Links Program Telephone: 905-704-2097 Fax: 905-704-2777 Email: CLProgram@ontario.ca To Recipient: The Corporation of the Town of Tillsonburg 200 Broadway Street Suite 204 Tillsonburg, Ontario, N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Telephone: 519-688-3009 Email: kdeleebeeck@tillsonburg.ca Any Notice not sent in accordance with the above shall be deemed to not constitute proper Notice under the Agreement. 338 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 25 of 44 PART B.6 – ASSET RETENTION PERIOD B.6.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify the Ministry of Transportation in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. B.6.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. [REST OF PAGE INTENTIONALLY LEFT BLANK] 339 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 26 of 44 SCHEDULE “C” FINANCIAL INFORMATION FOR THE PROJECT PART C.1 – MAXIMUM FUNDS C.1.1 Ontario’s Maximum Funds Under Agreement. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to Nine Hundred Seventy-Five Thousand, Five Hundred Sixty-Four Dollars ($975,564) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $1,083,960 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety Percent (90%) for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Estimated Total Net Eligible Costs as provided above. “Total Net Eligible Costs” means all direct costs that are, in Ontario’s sole and absolute discretion, properly and reasonably incurred no earlier than April 1, 2018 and prior to the Project Completion Date by the Recipient under a contract for goods or services necessary for the implementation of the Project, as more particularly described in part D.1 – Eligible Costs of this Schedule “B”, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. PART C.2 – HOLDBACK C.2.1 Holdback. Ontario may hold back up to fifteen (15) percent from any payment of any Funds under this Agreement. Ontario may retain this holdback until it has approved the Recipient’s Final Report, upon after which Ontario shall pay the holdback to the Recipient. PART C.3 – END OF FUNDS DATE C.3.1 End of Funds Date. Despite anything else contained in this Agreement, Ontario shall not provide any Funds to the Recipient for the Project after March 31, 2019. PART C.4 – PAYMENT OF FUNDS C.4.1 Payment Of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: [REST OF PAGE INTENTIONALLY LEFT BLANK] 340 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 27 of 44 MILESTONE PAYMENT SCHEDULE MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Milestone 1: Upon receipt and Acceptance by MTO of first Contract Award to initiate project. An amount up to fifty percent (50%) of the Maximum Funds Contract Award Report Must be submitted within fifteen (15) Business Days of a council resolution and no later than June 30, 2018. Milestone 2: Upon receipt and acceptance by MTO of Report of Substantial Completion. . An amount up to eighty-five percent (85%) of either (i) The Maximum Funds, less the amount paid at Milestone 1; or (i) An amount calculated by multiplying the percentage of Maximum Funds against the Recipient’s Total Net Eligible Costs, less the amount paid at Milestone 1. Substantial Completion Report Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). Milestone 3: Upon receipt and acceptance by MTO of the Final Report. Using the same method of calculation as in Milestone 2, (i) The balance of the Funds, if any, to the limit of the Maximum Funds, or (ii) The balance, if any, of the Funds calculated by multiplying the Percentage of Provincial Support against the Recipient’s Total Net Eligible Costs as certified in the Final Report, whichever aggregate amount is smaller. Final Report Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. Part C.5 – Limit On Ontario’s Contribution Under Agreement C.5.1 Limit On Provincial Contribution Under Agreement. Despite anything else contained in this Agreement, Ontario’s total contribution toward the Project shall not exceed ninety percent (90%) of the Project’s total Eligible Costs. 341 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 28 of 44 SCHEDULE “D” ELIGIBLE AND INELIGIBLE COSTS PART D.1 – ELIGIBLE COSTS D.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part D.2 of this Schedule “D” of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in Ontario’s sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays to third party vendors that are documented through invoices, receipts or other records that is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, the tangible core infrastructure asset noted in the Project Description in Schedule A; (b) The Scope of Eligible Work as described in the Connecting Links Program Guide; (c) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (c) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, license or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (d) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to being incurred; (e) The costs of Project-related signage, lighting, Project markings and utility adjustments; (f) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule “F” of this Agreement; and (g) Other costs that are, in Ontario’s sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. PART D.2 – INELIGIBLE COSTS D.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible for funding under this Agreement: (a) Costs incurred prior to April 1, 2018 or after the Project Completion Date; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, 342 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 29 of 44 and includes real estate fees and other related costs; (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (f) Meal, hospitality or incidental costs or expenses of Consultants; (g) Costs associated with completing applications for the Connecting Links Program; and (h) Any costs of accommodation for any Aboriginal Group. D.2.2 Harmonized Sales Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. D.2.3 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm’s Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. Ontario may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. [REST OF PAGE INTENTIONALLY LEFT BLANK] 343 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 30 of 44 SCHEDULE “E” ABORIGINAL CONSULTATION REQUIREMENTS PART E.1 – PURPOSE AND DEFINITIONS E.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. E.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART E.2 – RESPONSIBILITIES OF ONTARIO E.2.1 Ontario’s Responsibilities. Ontario is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as Ontario may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. PART E.3 – RESPONSIBILITIES OF THE RECIPIENT E.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the Project and advising of the details of the same;(c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (c) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, 344 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 31 of 44 trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (d) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (e) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (f) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (g) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (h) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (i) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (j) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying Ontario of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (k) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario’s request; (l) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (m) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (n) Complying with Ontario’s direction to take any actions, including without limitation, suspension or termination of the Project, as Ontario may require; and 345 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 32 of 44 (o) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from Ontario as Ontario may provide. E.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. E.3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: (a) Provide to Ontario, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. E.3.4 Recipient Shall Assist Ontario. The Recipient shall, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART E.4 – NO IMPLICIT ACKNOWLEDGEMENT E.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory 346 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 33 of 44 aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section 1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. PART E.5 – GENERAL E.5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of Ontario is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART E.6 – NOTICE AND CONTACT E.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be sent to the person identified under Part B.5 of Schedule B. [REST OF PAGE INTENTIONALLY LEFT BLANK] 347 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 34 of 44 SCHEDULE “F” COMMUNICATIONS PROTOCOL PART F.1 – INTRODUCTION F.1.1 Purpose of Communications Protocol. This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. F.1.2 Application of Communications Protocol. This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: Project signage Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases Printed materials Websites Photo compilations Award programs Awareness campaigns PART F.2 – PROJECT SIGNAGE F.2.1 Project Signage: The Recipient shall, at Ontario’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. F.2.2. Permanent Plaque. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by Ontario prior to installation. F.2.3 Installation of Signage. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. PART F.3 – MEDIA EVENTS F.3.1 Requesting Media Events. The Recipient or Ontario may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty (20) Business Days’ notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such events through a designed representative. Each participant will choose its designated representative. F.3.2 Approval Of Communications. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. 348 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 35 of 44 F.3.3 Media Events. Media events and announcements include but are not limited to: News conferences Public announcements Official events or ceremonies News releases PART F.4 – PRINTED MATERIALS, WEBSITE, PHOTO COMPILATIONS, AWARD PROGRAMS AND AWARENESS CAMPAIGNS F.4.1 Messaging About Project. With prior consultation with Ontario, the Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. PART F.5 – ISSUES MANAGEMENT F.5.1 Sharing Information. The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. PART F.6 – COMMUNICATING SUCCESS STORIES F.6.1 Communicating About Project. The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. F.6.2 Ontario’s Right To Publicize Information About Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario’s publication about the Project prior to making it. PART F.7 - DISCLAIMER F.7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Connecting Links Program, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK] 349 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 36 of 44 SCHEDULE “G” REPORTING REQUIREMENTS PART G.1 – REPORTS REQUIREMENTS The following Reports are to be provided in full in the corresponding format provided hereafter and with such content as is satisfactory to Ontario: Name of Report and Details Required Due Date 1. Contract Award Report - a Report from council including a resolution or bylaw authorizing the award of the first contract to initiate the project. Within fifteen (15) Business Days of a council resolution and no later than June 30, 2018. 2. Revised Budget Report must be based on tenders awarded to complete the Project including: (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. The Recipient shall use the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of a council resolution authorizing the contract award. 3. Progress Report - The Recipient shall use the form set out in Part G.3 of Schedule “G” of the Agreement. Twice a year by January 15 and July 15 for the Term of the Agreement. 4. Substantial Completion Report – The recipient shall use the form set out in Part G.4 along with a Revised Budget Report using the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). 5. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form set out Part G.5 of Schedule “G” of the Agreement. Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. 6. Other Reports or information as may be directed by Ontario from time to time, if any On or before a date directed by Ontario. 350 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 37 of 44 SCHEDULE “G” Continued PART G.2 – REVISED BUDGET REPORT REVISED BUDGET REPORT This report will contain a revised budget for the Project based on Total Net Eligible Expenses after award of (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. This report should be submitted to the ministry within 15 days of award of tender. Recipient Municipality Name Project Name REVISED PROJECT COSTS ORIGINAL BUDGET (From Application) REVISED BUDGET VARIANCE Environmental Assessment/Permits Engineering/Design Project Management/Contract Administration Construction Miscellaneous Total Less Any Actual or Potential HST Rebates REVISED TOTAL NET ELIGIBLE COSTS VARIANCE EXPLANATION In cases where revised costs have a variance of 15% or more than the original budget (from application), please provide an explanation. If more space required, attach additional page. PROJECT CERTIFICATION As the payment certifier or chief financial officer for my municipality [Full Legal Name below] _____________________________________________________________, I hereby certify that the revised Project Budget figures set out above are true to the best of my knowledge, information and belief. Signature: Name: Title: Phone Number: Date: 351 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 38 of 44 SCHEDULE “G” Continued PART G.3 – PROGRESS REPORT PROGRESS REPORT For projects to be completed in 2018-19, a progress report is due on or before July 15, 2018. For projects of two or three years to complete, this report is due twice a year on or before January 15 and July 15 for the term of the Agreement. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Recipient Municipality Name Project Name Key Dates: Date Forecasted Actual Total Eligible Project Costs to Date Less Any Actual or Potential HST Rebates TOTAL NET ELIGIBLE COSTS to Date Start Date of Detail Design (if applicable) End Date of Detail Design (if applicable) Start Date of Construction (if applicable) End Date of Construction (if applicable) Substantial Completion Date Please provide information in format below and attach to this report. Description of Activities Activity Status (On, Ahead, or Behind Schedule) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity 352 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 39 of 44 SCHEDULE “G” Continued Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal Groups, please include dates, where applicable or available Variance from original approved Project (if any) If so, explain why and by when? Attestation by Authorized Official: I, ___________________________ confirm that my municipality is in compliance with the terms and conditions found in the Agreement for this Project. Name: ____________________________________ Title: ____________________________________ Date: ________________ 353 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 40 of 44 SCHEDULE “G” Continued PART G.4 – SUBSTANTIAL COMPLETION SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Recipient Municipality Name: ____________________________________________________ Project Name: ________________________________________________________________ In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the above-noted Recipient, on ___________ , 20___(date) I, __________________________a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified for the Project (above) funded through the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work a. was carried out by ____________________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT. Declared before me at the Of in the of this day of A.D. 20 (Deponent) A Commissioner etc. This declaration must be sworn before a commissioner for oaths, notary public or justice of the peace 354 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 41 of 44 SCHEDULE “G” continued PART G.5 – FINAL REPORT FINAL REPORT Final Reports are to be completed and submitted to MTO within sixty (60) Business Days of the Project Completion and no later than March 8 of fiscal year of Project Completion. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Attach Payment certificate(s) (these may include unpaid holdbacks) and other third party invoices incurred for the Project. Where applicable, indicate any portion of the costs on such invoices which are Ineligible Costs as per section D.2 of Schedule “D”. Municipality Name: Project Name: Section 1. Project Details Dates Forecasted Actual Construction Start Date Construction End Date Project Variances (if applicable) Has your Project experienced any variances in scope, budget or schedule? Please describe and provide a rationale. 355 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 42 of 44 SCHEDULE “G” continued Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Eligible Project Costs $ $ Less HST Rebate $ $ TOTAL NET ELIGIBLE COST $ $ Total Interest Earned on Funds $ For all invoices attached, please provide information in format below and attach to this report. Work Description Invoice # Invoice Date Invoice Period Vendor Total Amount (A) HST HST Rebated (B) Net Eligible Cost (A-B) From To TOTAL $ 356 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 43 of 44 SCHEDULE “G” continued Section 3. Project Outcomes and Benefits 1. What were the objectives of your Project? (Select any that apply) ☐ Address safety related issues ☐ Extend service life ☐ Improve pavement condition ☐ Improve drainage (cross-fall, curb and gutter, storm sewer, etc.) ☐ Improve underground infrastructure (watermain, sanitary sewer, utilities, etc.) ☐ Other (describe below) 2. Describe how the work completed achieves these objectives. Please include quantitative information where possible e.g., extended service life in terms of additional years, improvement in road condition rating, lane-km in good condition, etc. If required, you may attach information on separate page and attach to this report. 3. Describe any economic or other benefits of the project for your community. If required, you may attach information on separate page and attach to this report. 4. Please confirm that your connecting link and project improvements will be included in your asset management plan and when the updated plan will be available. ☐ Yes, I confirm that our connecting link and the project improvements will be included in my municipality’s updated asset management plan. I expect our updated plan will be completed and publically posted by: [Month] [Year] 20 357 Connecting Links Program Intake 3 – 2018/19 Municipality Name: Town of Tillsonburg Page 44 of 44 SCHEDULE “G” continued Section 4. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under Section 11 and Schedule “E” of the Agreement. Please indicate: Declaration required for the Project: There have been communications from Aboriginal Groups and/or items of cultural significance to Aboriginal Groups were located with respect to this Project. ☐ Yes ☐No If you responded “Yes” to the above, please complete the following: Declaration required for Project with additional Duty to Consult requirements, as identified by Ontario Notice about this Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to provide comments about the Project and its potential impacts ☐ Yes ☐No A copy of any correspondence/information between the Recipient and any Aboriginal Groups was forwarded to the Province of Ontario. ☐ Yes ☐No The Province of Ontario was made aware of any issue(s) identified by any Aboriginal Groups ☐ Yes ☐No Section 5. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; 3. Any interest earned (as noted in Section 2) has been used for Eligible Costs associated with the Project or has been or will be remitted to the Ministry; and 4. There have been no overpayments by Ontario or any other organization or government in relation to the Project. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: TITLE: DATE: 358 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4197 A BY-LAW to appoint a By-Law Enforcement Officer. WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, authorizes council to appoint officers and employees as may be necessary for the purposes of the corporation, or for carrying into effect any Act of the Legislature or by-law of the council; AND WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990, c.P.15, authorizes the Council of any municipality to appoint one or more Municipal Law Enforcement Officers, who shall be peace officers for the purposes of enforcing the by- laws of the municipality; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to appoint a By-law Enforcement Officer to enforce by-laws enacted by Council of the Corporation of the Town of Tillsonburg. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT Spencer McDowell is hereby appointed as a By-law Enforcement Officer for the Corporation of the Town of Tillsonburg. 2. THAT this by-law shall come into force and take effect on the date of its final passing until September 1, 2018 inclusive. READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018 READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MAY, 2018 __________________________________ MAYOR – Stephen Molnar __________________________________ TOWN CLERK- Donna Wilson 359 360 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4198 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 14th day of May 2018 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on May 14, 2018, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF MAY, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 361