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180813 Council AGD
The Corporation of the Town of Tillsonburg COUNCIL MEETING REVISED AGENDA Monday, August 13, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session To commence at 4:00 p.m. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: -personal matters about an identifiable individual, including Town employees (CAO Performance and Memorial); and -a proposed or pending acquisition or disposition of land by the Town (1 Parkside Drive). 2.1 1 Parkside Drive 2.2 UPDATE –CAO Performance Appraisal 2.3 Memorial 3.Adoption of Agenda Proposed Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, August 13, 2018, be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution # Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meeting of July 9 and July 25, 2018, be approved. 7.Public Meetings 8.Planning Applications 9.Presentations 9.1 Volunteer of the Month Award - Anne Ploss Presented by: Mayor Molnar 10.Delegations 10.1 Construction of a Splash Pad in Tillsonburg Presented by: Michelle Webb, Tillsonburg and Area Optimist Club Board Member Proposed Resolution # Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the 'Construction of a Splash Pad in Tillsonburg' delegation as information; AND THAT Council indicates support in principle and direct available staff and Committee resources to assist further preparation for consideration in the 2019 Business Plan deliberations. 10.2 Sea Cadets Storage Container Placement- Lake Lisgar Presented by: Rick Saxby, Lake Lisgar Neighbourhood Association Proposed Resolution # Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Sea Cadets Storage Container Placement at Lake Lisgar delegation as information. 10.3 Sea Scout Accessory Building and Storage Facility Page 2 of 246 Presented by: Pat Carroll, Project Chairman, Tillsonburg Kinsmen Club Proposed Resolution # Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Sea Scout Accessory Building and Storage Facility delegation, as presented by the Kinsmen, as information. 10.4 Sea Scout Accessory Building and Storage Facility Presented by: Floyd Marshall, Leader and Commissioner; Mark Pick, Leader; and Jacob Wade, Member, Tillsonburg Sea Scouts Proposed Resolution # Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the Sea Scout Accessory Building and Storage Facility delegation as information. 11.Deputation(s) on Committee Reports 12.Information Items 12.1 2019 Council Award Honouring Outstanding Physicians Proposed Resolution # Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the correspondence for the 2019 Council Award Honouring Outstanding Physicians as information. 12.2 Water Main Replacement Notice Proposed Resolution # Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives the Water Main Replacement Notice from Oxford County as information. 12.3 Mayor 12.3.1 Mayor's Report 18-05, August 2018 Update Proposed Resolution # Moved By: Councillor Esseltine Page 3 of 246 Seconded By: Councillor Adam THAT Council receives report MYR 18-05 as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CL 18-26, Public Notice Requirements Proposed Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CL 18-26, Public Notice Requirements; AND THAT By-Law 4214, To Prescribe the Form and Manner and Times for the Provision of Notice for the Town, be brought forward for Council consideration. 13.3 Development and Communication Services 13.3.1 DCS 18-33, Construction Agreement - MTO Proposed Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 18-33, Construction Agreement- MTO; AND THAT By-law 4219 Agreement MTO Hwy 3 and Clearview Drive, be brought forward for Council consideration. 13.4 Finance 13.4.1 FIN 18-21, 2018 OILC Debentures Proposed Resolution # Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report FIN 18-21, 2018 OILC Debentures as information; AND THAT By-Law 4217, 2018 OILC Debentures, be brought forward to Council consideration. Page 4 of 246 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 18-20, Winter Maintenance Level of Service Policy Proposed Resolution # Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-20, Winter Maintenance Level of Service Policy; AND THAT By-law 4213, To adopt the Winter Maintenance Level of Service Policy, be brought forward for Council consideration. 13.6.2 OPS 18-21, 2018 OCIF Top-Up Application Proposed Resolution # Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report OPS 18-21, 2018 OCIF Top-Up Application as information. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 18-25, Proposed Equipment Storage Adjacent to Summer Place Proposed Resolution # Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the motion for the proposed equipment storage proposal be deferred until the first regular council meeting of October; AND THAT a staff report outlining at least three options for Sea Scouts boat storage be prepared for the second regular council meeting of September including associated costs, responsibilities/expectations of the Town, and so on for council consideration. Proposed Resolution # Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 18-25, Proposed Equipment Storage Adjacent to Summer Place; Page 5 of 246 AND THAT Council approves Option A as outlined in the report. 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution # Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Development Committee minutes dated June 12, 2018, and the Parks and Recreation Advisory Committee minutes dated July 3, 2018 as information. 15.2 Long Point Region Conservation Authority Board of Directors Minutes Proposed Resolution # Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Long Point Region Conservation Authority Minutes dated June 6, 2018 as information. 15.3 Tillsonburg Business Improvement Area Board Meeting Minutes Proposed Resolution # Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the Tillsonburg Business Improvement Area Board Minutes dated June 27, 2018 and July 18, 2018 as information. 15.4 Police Services Board Minutes Proposed Resolution # Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Police Services Board Minutes dated May 16, 2018 as information. 16.Motions/Notice of Motions 16.1 Notice of Motion Proposed Resolution # Moved By: Councillor Rosehart Page 6 of 246 Seconded By: Councillor Hayes THAT By-Law Staff do a review including public consultation of the animal control by-law to determine if chickens should be allowed to be kept in rear yards of properties in the Town of Tillsonburg. 17.Resolutions/Resolutions Resulting from Closed Session 17.1 MYR 18-06, CAO Performance Appraisal Proposed Resolution # Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report MYR 18-06; AND THAT Council endorses the recommendations for the identified Goals and Objectives and recommended Remuneration; AND THAT the work of the Review Committee be considered complete and that the Committee be disbanded. 17.2 DCS 18-32, Offer to Purchase - 1 Parkside Dr Proposed Resolution # Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report DCS 18-31, Offer to Purchase – 1 Parkside Dr; AND THAT a by-law be brought forward regarding the agreement of purchase and sale of the property known as 1 Parkside Drive, and more particularly described as Lot 715L, Plan 500, for Council consideration. 18.By-Laws 18.1 By-Law 4213, To Adopt a Winter Level of Service Policy 18.2 By-Law 4217, 2018 OILC Debentures 18.3 By-Law 4218, To Authorize an Agreement of P & S with Tillsonburg Properties for Community Living 18.4 By-Law 4219, To Authorize Agreement with Province Hwy 3 Access Proposed Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT By-Law 4213, Adopt a Winter Level of Service Policy, Page 7 of 246 By-Law 4217, 2018 OILC Debentures, By-Law 4218, Agreement of Purchase and Sale with Community Living, and By-Law 4219, Agreement MTO Hwy 3 and Clearview Drive, 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. 19.Confirm Proceedings By-law Proposed Resolution # Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 4216, to Confirm the Proceedings of the Council Meeting held on August 13, 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. 20.Items of Public Interest 21.Adjournment Proposed Resolution # Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Council Meeting of Monday, August 13, 2018 be adjourned at 9:12 p.m. Page 8 of 246 1 MINUTES Monday, July 9, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE Mayor Molnar Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Regrets: Councillor Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Parks Dave Rushton, Director of Finance Lana White, Deputy Clerk/Executive Assistant _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00pm. 2. Closed Session There was no Closed Session meeting. 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, July 9, 2018, be adopted. Carried Page 9 of 246 2 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meetings of June 25 and 26, 2018 be approved. Carried 7. Public Meetings Resolution # 3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council moves into the Committee of Adjustment to hear an application for Minor Variance. Carried 7.1 Application for Minor Variance- A-13/18- Tillsonburg Christian Reformed Church, 150 Concession St W. Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-197, Minor Variance A-13/18. Opportunity was given for comments and questions from Council. Jake Feyen, Outgoing Council Chair with the Tillsonburg Christian Reformed Church/applicant, was in attendance in support of the application, outlining the proposed changes and improvements to the property. Gene Stampfer, 9 Myrtle Street, owner of property to the east of the church, appeared before Council in support of the application. No other members of the public appeared before Council in support of, or in opposition to, the application. Council passed the following resolution. Page 10 of 246 3 Resolution # 4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Tillsonburg Committee of Adjustment approves Application File A13-18, submitted by Tillsonburg Christian Reformed Church (Baribeau Construction), for lands described as Lot 8, Concession 11 (Dereham) and Parts 1 & 2, 41R-2824, in the Town of Tillsonburg, municipally known as 150 Concession Street West, Town of Tillsonburg, as it relates to permission to construct an addition to the existing place of worship, 588.9 m2 (6,339.1 ft2) in size. Carried Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council moves out of the Committee of Adjustment and moves back into regular Council session. Carried 8. Planning Applications 8.1 Application for Site Plan Approval- TSPC 7-188- J.L. Scott McLean Outdoor Recreation Pad Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report CP 2018-193, Application for Site Plan Approval, TSPC 7-188. Opportunity was given for comments and questions from Council. Parking was discussed. Clarification was provided with respect to the road closure location, parking, and access to the area. Jeff from PK Construction, agent for the Committee, appeared before Council in support of the application. Staff to provide an additional report regarding next steps, processes, operational matters, building code requirements and regulatory requirements. Page 11 of 246 4 Resolution # 6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council directs staff to approve Site Plan Application TSPC 7-188, to facilitate the construction of a multi-use recreational pad, on lands legally described as Lots 121, 541, 545Q, 545R, 564, & Part Lots 122 & 123, Plan 500, Tillsonburg, known municipally as 45 Hardy Avenue. Carried 9. Presentations 10. Delegations 10.1 Future Oxford Update Randy Peltz, Jeff Surridge and Bryan Smith appeared before Council and presented the attached Future Oxford Update. Suggestion was made to add 'education facilities' to the document. More information can be found at www.futureoxford.ca Resolution # 7 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Future Oxford Update delegation, as information. Carried 10.2 Sea Scouts Accessory Building Pat Carroll, Project Chairman, Tillsonburg Kinsmen Club, appeared before Council to propose a storage option for the Sea Scouts. Mr. Carroll reported on site meetings, discussions and the proposal. Mr. Carroll's comments were submitted for the public record. Opportunity was given for comments and questions from Council. Resolution # 8 Moved By: Councillor Adam Seconded By: Councillor Esseltine Page 12 of 246 5 THAT Council receives the Sea Scouts Accessory Building delegation, as information. Carried 10.3 Placement of the Sea Cadets Storage Container at Lake Lisgar Barbara Scott appeared before Council in opposition to the placement of a storage container at Lake Lisgar for the purpose of storage for the Sea Cadets. Ms. Scott's comments were submitted for the public record. Opportunity was given for comments and questions from Council. Resolution # 9 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the delegation regarding the Placement of the Sea Cadets Storage Container at Lake Lisgar, as information. Carried 11. Deputation(s) on Committee Reports 11.1 PRA 18-02, Memorial Park Parking Upgrade Mel Getty, Chair, of the Parks and Recreation Advisory Committee, appeared before Council to provide an overview of Report PRA 18-02. Opportunity was given for questions from Council. Staff confirmed appropriate parking signage will be addressed. Resolution # 10 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Report PRA 18-02, Memorial Park Parking Upgrade be received; AND THAT Council endorses the Memorial Park parking upgrade prioritization recommended by the Advisory Committee and that it be brought forward to 2019 Business Plans. Carried Page 13 of 246 6 11.2 PRA 18-03, Sea Scout Storage Project Mel Getty, Chair, Parks and Recreation Advisory Committee, appeared before Council to provide an overview of Report PRA 18-03. Opportunity was given for questions from Council. Discussion was held to postpone the project, work with financial contributors, and look at alternatives/options. A staff report to be brought back, and an opportunity for public engagement to be provided. Resolution # 11 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Report PRA 18-03, Sea Scout Storage Project be received; AND THAT a staff report be brought back regarding the Sea Scout storage project for Council's consideration. Carried 11.3 Town Hall Steering Committee Project Update John Veldman, Vice Chair, Town Hall Project Steering Committee, appeared before Council to provide a project update. Rick Strouth, Committee member, was also in attendance. Confirmation was given that potential sites have been identified in the downtown core. Resolution # 12 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the delegation on Town Hall Steering Committee Project Update, as information. Carried 12. Information Items 12.1 Ontario SPCA No Hot Pets Campaign Correspondence Page 14 of 246 7 Resolution # 13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Ontario SPCA No Hot Pets Campaign correspondence, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 18-11, Results for RFP 2018-001 Town Transit System Resolution # 14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CAO 2018-11, Results for RFP 2018-001 Town Transit System; AND THAT Council awards RFP 2018-001 to BTS Network Inc. at an hourly operating rate of $42.80 in 2018 and an hourly operating rate of $43.88 in 2019 (before taxes), the highest scoring proposal received. Councillor Adam requested a recorded vote. Recorded For Against Abstain Mayor Molnar X Deputy Mayor Beres X Councillor Adam X Councillor Esseltine X Councillor Hayes X Councillor Rosehart X Results 6 0 0 Carried (6 to 0) Page 15 of 246 8 13.2 Clerk's Office 13.2.1 CL 18-24, Restricted Acts After Nomination Day (Lame Duck) Resolution # 15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 18-24, Restricted Acts After Nomination Day (Lame Duck); AND THAT By-Law 4211 to delegate authority to the Chief Administrative Officer for certain acts during a “Lame Duck” Period be brought forward for Council consideration. Carried 13.2.2 CL 18-25, Vacant Seat on Council Resolution # 16 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 18-25, Vacant Seat on Council, as information; AND THAT the matter be brought before Council at the August 13th Council meeting. Carried 13.3 Development and Communication Services 13.3.1 DCS 18-25, Traffic By-Law Amendment – Concession E Re- Construction & Stop Signs Resolution # 17 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 18-25; Traffic By-Law Amendment – Concession E Re-Construction & Stop Signs as information; Page 16 of 246 9 AND THAT By-Law 4205 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council consideration. Carried 13.3.2 DCS 18-28, Request for Funding Extension – Tillsonburg Hub Consortium Resolution # 18 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 18-28 Request for Funding Extension – Tillsonburg Hub Consortium; AND THAT the Tillsonburg Hub Consortium be provided an extension in the period to obtain external sources of funding from June 30, 2018 to June 30, 2019; AND FURTHER THAT the Town agrees to be a Co-Applicant on the next application to the Rural Economic Development program. Carried 13.3.3 DCS 18-29, Results for Tender RFT 2018-004 Highway 3 Intersection Cephas Panschow, Development Commissioner, was present to respond to questions from Council. Staff to explore using future development charges for the project. Resolution # 19 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report DCS 18-29 Results for Tender RFT 2018-004 Highway 3 Intersection; AND THAT Council awards Tender RFT 2018-004 to Coco Paving Inc of London, ON at a cost of $658,387 (including net HST) - the lowest bid received satisfying all Tender requirements. Page 17 of 246 10 Carried 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 18-18 Development Cost-Sharing Pre-Budget Approval Resolution # 20 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 18-18 Development Cost- Sharing Pre-Budget Approval; AND THAT Council provides 2019 pre-budget approval in the amount of $435,000 for the coordinated reconstruction and urbanization of Lowrie Crescent, Reid Street and Jane Street. Carried 13.7 Recreation, Culture & Park Services 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 21 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Memorial Park Revitalization Committee minutes dated May 28, 2018 and June 18, 2018; the Parks and Recreation Advisory Committee minutes dated June 19, 2018, the Development Committee minutes dated May 8, 2018, the Airport Advisory Committee minutes dated June 28, 2018, and the Accessibility Advisory Committee minutes dated July 3, 2018, as information. Carried Page 18 of 246 11 16. Motions/Notice of Motions 16.1 Notice of Motion, to amend By-Law 3507, to allow chickens The Notice of Motion was withdrawn. Moved by Councillor Rosehart THAT By-Law 3507, to provide for the licensing, regulation and control of animals within the Town of Tillsonburg, be amended to allow chickens to be kept in a structure/coop in rear yards of properties within the municipal boundaries of the Town of Tillsonburg. 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4211, To Delegate Authority to the Chief Administrative Officer (Lame Duck) 18.2 By-Law 4205, To amend By-Law 3701, To regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. Resolution # 23 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 4205- To Amend By-Law 3701 Traffic By-Law; and By-Law 4211- To Delegate Authority to the CAO (Lame Duck). 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 19. Confirm Proceedings By-law Resolution # 24 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT By-Law 4212, to Confirm the Proceedings of the Council Meeting held on July 9, 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. Page 19 of 246 12 Carried 20. Items of Public Interest The Veterans Memorial Walkway Bridge will be closed for repair, commencing July 16, for approximately 1 week. A public information session to review Winter Maintenance, Level of Service Policy, is scheduled for Thursday, July 12 in the Lions Den, Tillsonburg Community Centre. Road construction at the intersection of Broadway and North Street is expected to impede traffic for approximately 4 weeks. 21. Adjournment Resolution # 25 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, July 9, 2018 be adjourned at 10:29 p.m. Carried Page 20 of 246 1 MINUTES Wednesday, July 25, 2018 4:00 PM Boardroom CSC 10 Lisgar Ave. ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Regrets: Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Jeff Smith, Fire Chief _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:00 pm. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Adam THAT the Agenda for the Council Meeting of July 25, 2018 be adopted Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 21 of 246 2 5. Staff Reports 5.1 Clerk's Office 5.1.1 CL 18-27 Declare Vacant Seat on Council Resolution # 2 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CL 18-27, Declare Vacant Seat on Council, as information; AND THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare the office of Councillor, held by Brian Stephenson, to be vacant. Carried 5.2 Operations 5.2.1 OPS18-19 Downtown LED Streetlight Conversion The BIA has indicated that there may be additional funds available at the end of the year to reduce the debt required. Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council receive Report OPS 18-19 Downtown LED Streetlight Conversion; AND THAT Council authorize the remaining $31,686.75 of the AMO Main Street Revitalization funding towards the Downtown LED Streetlight Conversion; AND FURTHER THAT Council authorize an additional user-pay debenture as part of the 2018 budget up to the amount of $115,000 for the upgrade of streetlight fixtures in the Downtown to be repaid by the BIA over a 10 year period. Carried Page 22 of 246 3 6. Confirm Proceedings By-law 6.1 A By-Law to Confirm the Proceedings of Council at its meetings held on the 25th day of July 2018. Resolution # 4 Moved By: Councillor Adam Seconded By: Councillor Rosehart THAT By-Law 4215, to Confirm the Proceedings of the Council Meeting held on July 25, 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 7. Items of Public Interest 8. Adjournment Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Hayes THAT the Council Meeting of July 25, 2018 be adjourned at 4:22 pm. Carried Page 23 of 246 1Laura PickersgillFrom:noreply@esolutionsgroup.caSent:Monday, August 06, 2018 4:29 PMTo:Clerks OfficeSubject:New Submission Completed for Delegation Request FormHello, Please note the following response to Delegation Request Form has been submitted at Monday August 6th 2018 4:28 PM with reference number 2018-08-06-003. First Name Michelle Last Name Webb Street Address 12 harris street unit c Town/City tillsonburg Postal Code n4g 2b2 Phone Number 226-504-1990 E-mail nabob.michelle@gmail.com Do you or any members of your party require accessibility accommodations? No Page 24 of 246 2 Council Meeting Date August 13, 2018 Subject of Delegation Construction of Splash Pad in Tillsonburg Name(s) of Delegates and Position(s) Michelle Webb- Tillsonburg and Area Optimist Club Board Member Name of Group or Person(s) being represented (if applicable) Tillsonburg and Area Optimist Club I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation The purpose of this delegation is to gain the support of the town to construct a splash pad through townwide fundraising. The Optimist club is acting a treasury for the funds and is able to give charity receipts to any donations through their CCOF organization. We are not seeking any funds from the town. We are seeking approval for construction, discussion for property to house it on, and to have the town take over the maintenance of the splash pad after construction. Will there be a Power Point presentation? No Please attach a copy of your presentation. Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Laura Pickersgill I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 25 of 246 3 [This is an automated email notification -- please do not respond] Page 26 of 246 Splash Pad Overview Approval to move forward with construction of a splash pad on land owned by the Town of Tillsonburg. Raise funds through various fundraising to pay for cost of construction. Give any left over funds to Town of Tillsonburg to be put towards their maintenance costs. Goal s 1. Raise $250,000 over the following two years. 2. Construct splash pad under ownership of the town. Page 27 of 246 1 Project Rationale Splash pads create a feeling of community as parents can easily supervise children and engage with other parents. Children of all ages and ranges of mobility can use the space. The splash pad can have a feature theme or colour theme to create a new sense of place in a pre-existing area. Creating a theme will contribute to the beautification of the area. Statistics Taken from 2016 Stats Can report Tillsonburg population: 15,590 (growth of 4.4% from 2011) Youth 0-14: 2,290 (14.7%) Lone-parent with children: 745 Couples with children: 1,495 Adults 65 and over: 4,360 Overview ● 8-10 water features ● 1800-2200 sq ft ● Accommodate 30-50 users at a time ● Drain -away system ● Estimated cost of $10,000 in water usage from May 15-September 30 Page 28 of 246 2 Page 29 of 246 3 Other Considerations I. Funds Tillsonburg and Area Optimist Club will be supporting this project and acting as treasurer. They are able to provide charity receipts. Monthly fundraising initiatives are being planned by various members of the community. We will be reaching out to businesses for donations, and applying for grants. II. Town Involvement The splash pad needs a location to be constructed on- ideally this would be at a park with a pavilion. The revenue from an increase in pavilion rentals could offset maintenance fees. An agreement is needed from the town to take over the splash pad once it is constructed and cover costs to maintain it. The support of promoting fundraising initiatives is also necessary for the successful completion of the project. Page 30 of 246 The money required for the project is estimated at $250,000. Any money that is left over after construction will be given to the town to be put towards operating costs. This money is being raised throughout the community through various fundraisers by individuals, donations by businesses and individuals, and government grant opportunities. The funds are being held by the Tillsonburg and Area Optimist Club and charitable tax receipts will be issued through the Canadian Children’s Optimist Foundation. There are two types of water systems that can be used- drain away and re-circulation. Re- circulation uses less water but requires daily maintenance and multiple water tests a day. This system is in place in Ingersoll and they are currently looking at switching to the drain away system. The drain away system uses potable water from the municipal water supply. The drain away system is the one we are going to use as it requires almost no maintenance. Splash pads are considered to be safer to use. They can contribute to a feeling of community by allowing parents to supervise from a short distance and talk with other parents and guardians. Anyone can use a splash pad regardless of age or mobility. I can take my infant and still easily keep an eye on my toddler as he plays. The splash pad can have a theme based on colour or the features. Ocean is one of the themes available for features. The careful choice of this can create a beautiful space that creates a new sense of space. Tillsonburg has seen a lot of growth in recent years and has had an increase of 4.4% over five years between 2011 and 2016. In 2016 15% of the population was considered youth 0-14 years of age. There is a large group of people that would be interested in using a splash pad. There is currently about 8 people working on fundraiser events and more are welcome to join an existing plan, or to bring forward a new one. The two completed fundraisers have raised $2790.20. Cara Voisin and Judy Legg raised $2290.20 at their annual yard sale in the Zehres parking lot. And Katelynn Scott raised $500 through her Little Caesars pizza kits. More fundraising has been planned but they were asked to not take action until we had spoke to council and could prepare a fundraising schedule. There is an estimated cost of $10,000 required for the water usage. This is based on usage from May 15 to September 1 with usage everyday. The system uses a button to activate the water streams for typically 4-7 minutes before it shuts off and the button has to be pressed again. The project can only move forward with the support of the town. We are requesting to get support from the town. We need the town to back fundraising efforts and to allow the construction of the splash pad on town property. After it’s construction, we ask that the town take over maintenance and operating costs by incorporating them into the yearly budget. Page 31 of 246 1Laura PickersgillFrom:noreply@esolutionsgroup.caSent:Friday, August 03, 2018 10:25 AMTo:Clerks OfficeSubject:New Submission Completed for Delegation Request FormHello, Please note the following response to Delegation Request Form has been submitted at Friday August 3rd 2018 10:24 AM with reference number 2018-08-03-002. First Name Barb Last Name Scott Street Address 5 Ross St Town/City Tillsonburg Postal Code N4G 3N7 Phone Number 519-476-7461 E-mail 1barbscott2@gmail.com Do you or any members of your party require accessibility accommodations? No Page 32 of 246 2 Council Meeting Date August 13, 2018 Subject of Delegation Placement of storage container for the Sea Cadets @ Lake Lisgar Name(s) of Delegates and Position(s) Barb Scott Jack Habkirk Chris and Kate Swartz Rick Saxby Kathlene and John Harris Elaine Balpataky Name of Group or Person(s) being represented (if applicable) Lake Lisgar Neighborhood Association I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Presentation to town council that no more buildings (in particular a container next to rowing club) be erected on Lake Lisgar. Will there be a Power Point presentation? No Please attach a copy of your presentation. Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Laura Pickersgill - Left phone message August 3, 2018 9:45 am Page 33 of 246 3 I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] Page 34 of 246 1Laura PickersgillFrom:noreply@esolutionsgroup.caSent:Wednesday, August 08, 2018 4:07 PMTo:Clerks OfficeSubject:New Submission Completed for Delegation Request FormHello, Please note the following response to Delegation Request Form has been submitted at Wednesday August 8th 2018 4:06 PM with reference number 2018-08-08-003. First Name Pat Last Name Carroll Street Address 12 Whispering Pine Lane Town/City Tillsonburg Postal Code N4G5V4 Phone Number 519-550-5069 E-mail epcshelby@gmail.com Do you or any members of your party require accessibility accommodations? No Page 35 of 246 2 Council Meeting Date August 13th, 2018 Subject of Delegation Sea Scout Accessory Building and Storage Facility Name(s) of Delegates and Position(s) John Danbrook - Life Member Kinsmen Club of Tillsonburg Larry Bartram - Life Member Kinsmen Club of Tillsonburg Walter Ellenberger - Life Member Kinsmen Club of Tillsonburg Name of Group or Person(s) being represented (if applicable) Pat Carroll Life Member - Kinsmen Club of Tillsonburg I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation This will be a re- presentation of the previous presentation of July 9th. As requested by Councillor Esseltine - I have revised the drawings to reflect some engineering changes to address concerns that were brought to light by an independent engineering company and I have since met with the CBO of the Town and got further recommendations to incorporate into the design. Will there be a Power Point presentation? Yes, No Please attach a copy of your presentation. Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Rick Cox - I am having difficulty uploading the new drawings and other supporting information ,so I will email them separately. Page 36 of 246 3 I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] Page 37 of 246 LOCATIONOF NEWBUILDING46' [14.021]S 40'[12.192]ACCESS TO SUMMERPLACE BASEMENTACCESS TO DECK(EXISTING STAIRS)PARTIAL RAILING(ALL TO REMAIN)ROWING CLUBBOAT SHELLSTORAGE BUILDING13"OVERHANGOF10" PRECASTROOFROWING CLUB 10'-0"BOAT ACCESS DOORTO REMAINEXISTING FANTO REMAIN120V CIRCUITFEED FROMEXISTING CIRCUITTO FENCE OF WATER PARK PARTIAL RAILING SHOWN(ALL TO REMAIN)PARTIAL BUTTERFLY GARDENTO REMAINPRE-CAST INTERLOCKING CONCRETE BLOCKAPPROX. 5,200 LBS EACH60"LONG X 36" DEEP X 24" HIGHQTY = 16 PIECESFINISH FLOOR OF NEWCONTAINER TO BE SAME ELEVATIONAS EXISTING FINISH FLOOR OFEXISTING BUILDINGSTRIP TOP SOIL& REPLACE WITHA GRAVEL (COMPACTED)NEW POSITIONINGOF ARMOUR STONE.PARTIALLY BURIEDEXISTING ARMOURSTONE TO BE REPOSITIONEDAND EXTENDED AS REQUIREDEXISTING MEMORIAL STONE AND TREETO REMAINEXISTINGSUMMERPLACEBUILDINGEXISTING FENCE OFWATERPARK105SCALE REFERENCE = 25 FEETNOTES:REVISION NOTES:DRAWING NUMBER:DRAWING TITLE:PROJECT:CLIENT:REVISION:SCALE:PROJECT NUMBER:APPROVED BY:DRAWN BY:P. CARROLLK. EDWARDS06 / 2018N AMBRUS05 / 2018SEA SCOUTSNTS1SITE PLANLAKE LISGAR SUMMER PLACETILLSONBURG, ONTARIOTILLSONBURG SEA SCOUTSREVISIONDATENOTES005/2018ISSUED FOR PERMIT & CONSTRUCTION107/2018REVISED TO SHOW CONCRETE BLOCK PLACED BELOW GRADE TO REMOVE LATERAL PRESSURE FROM CONTAINERP1001-519-842-4900500 hwy#3Tillsonburg, ONN4G 4H8COMMUNIT< SERVICE CLUB REHABILITATIONSEA SCOUTS ACCESSOR< BUILDING 2018Page 38 of 246 EXISTING RAILING ON DECK(TO BE REFINISHED)EXISTING MAN DOOREXISTING ROWING CLUB BOATSSHELL STORAGE BUILDINGEXISTING 10'-0"BOAT ACCESS DOOREXISTING EXHAUSTFAN TO REMAIN120V ELECTRICAL FEED FROMR.C BUILDING FOR SWITCH, RECEPTACLE & 3 LIGHTSON CEILING OF CONTAINEREXISTING ARMOUR STONERETAINING WALLSECTIONAL DOORACADIA 138CLASSIC CCor EQUALHARDIE BOARDNATIVEBACKFILLWATERPROOF MEMBRANEDELTA(TM)-MS or EQUAL3/4" CLEAR STONE4" PERFORATED DRAIN TILE2"-4" RIVER ROCK (COMPACTED)NEW STRUCTURESTORAGE CONTAINER8'-6" HIGH X 8'-0" WIDE X 40'-0" LONGWATER PROOFING MEMBRANEINSTALLED ON SIDE OFCONTAINER WHERE BELOW GRADEEXISTING FILL RETURNED AS PER REQUIREDPERFORATED 4" DRAIN TERMINATEDIN GRASS AREABOARD & BATTEN SIDING12" OF 2" RIVERROCK FOR BASEOF CONTAINERSEE DETAIL AHARDIE BOARD / BATTEN SIDINGALUMINUM CAPPING1" X 4" STRAPPING TYP.DETAIL "A"FENCEEXISTING SUMMERPLACE BUILDINGEXISTING FANTO REMAINEXISTING ROWINGCLUB BUILDING WALL12" DEEP OF 2"-4"RIVER ROCK (COMPACTED)BASE AGGREGATEEXISTING GRADE TO PATHWAYALONG LAKE TO REMAIN ANDARMOUR STONE RELOCATEDTO SUIT DRIVEWAY EXTENSIONHARDIE BOARDSIDING W/ BATTENWATER PROOFINGMEMBRANE INSTALLEDBELOW GRADEEXISTING FLOOR OFROWING CLUB BUILDINGEXISTINGFOOTINGEXISTINGFOUNDATIONEXISTING STAIRSTO REMAINEXISTING RAILINGTO BE REFINISHEDEXISTING FINISH GRADE ELEVATIONTO BE MAINTAINED FOR DRAINAGE4" PERFORATED DRAIN TILEAROUND EXTERIOR PERIMITER OF CONTAINERTO DRAIN INTO GRASS AREA TO SOUTH OFNEW STORAGE BUILDINGNOTES:REVISION NOTES:DRAWING NUMBER:DRAWING TITLE:PROJECT:CLIENT:REVISION:SCALE:PROJECT NUMBER:APPROVED BY:DRAWN BY:P. CARROLLK. EDWARDS06 / 2018N AMBRUS05 / 2018SEA SCOUTSNTS1ELEVATION VIEWLAKE LISGAR SUMMER PLACETILLSONBURG, ONTARIOTILLSONBURG SEA SCOUTSREVISIONDATENOTES005/2018ISSUED FOR PERMIT & CONSTRUCTION107/2018REVISED TO SHOW CONCRETE BLOCK PLACED BELOW GRADE TO REMOVE LATERAL PRESSURE FROM CONTAINERE1001-519-842-4900500 hwy#3Tillsonburg, ONN4G 4H8COMMUNIT< SERVICE CLUB REHABILITATIONSEA SCOUTS ACCESSOR< BUILDING 2018NORTH ELEVATIONWEST ELEVATIONPage 39 of 246 FENCEEXISTING SUMMERPLACE BUILDINGEXISTING FANTO REMAINEXISTING ROWINGCLUB BUILDING WALL12" DEEP OF 2"-4"RIVER ROCK (COMPACTED)BASE AGGREGATEEXISTING GRADE TO PATHWAYALONG LAKE TO REMAIN ANDARMOUR STONE RELOCATEDTO SUIT DRIVEWAY EXTENSIONHARDIE BOARDSIDING W/ BATTENWATER PROOFINGMEMBRANE INSTALLEDBELOW GRADEEXISTING FLOOR OFROWING CLUB BUILDINGEXISTINGFOOTINGEXISTINGFOUNDATIONEXISTING STAIRSTO REMAINEXISTING RAILINGTO BE REFINISHEDEXISTING FINISH GRADE ELEVATIONTO BE MAINTAINED FOR DRAINAGE4" PERFORATED DRAIN TILEAROUND EXTERIOR PERIMITER OF CONTAINERTO DRAIN INTO GRASS AREA TO SOUTH OFNEW STORAGE BUILDING105SCALE REFERENCE = 25 FEETNOTES:REVISION NOTES:DRAWING NUMBER:DRAWING TITLE:PROJECT:CLIENT:REVISION:SCALE:PROJECT NUMBER:APPROVED BY:DRAWN BY:P. CARROLLK. EDWARDS07 / 2018N AMBRUS05 / 2018SEA SCOUTSNTS1ELEVATION VIEW BLAKE LISGAR SUMMER PLACETILLSONBURG, ONTARIOTILLSONBURG SEA SCOUTSREVISIONDATENOTES005/2018ISSUED FOR PERMIT & CONSTRUCTION107/2018REVISED TO SHOW CONCRETE BLOCK PLACED BELOW GRADE TO REMOVE LATERAL PRESSURE FROM CONTAINERE1011-519-842-4900500 hwy#3Tillsonburg, ONN4G 4H8COMMUNIT< SERVICE CLUB REHABILITATIONSEA SCOUTS ACCESSOR< BUILDING 2018Page 40 of 246 Page 41 of 246 Hi Pat, we had a directors meeting and agreed to support this project. As directors we can only authorize up to $1000.00. The club has to vote on this at our first dinner meeting on September 4th. We don't see any problem with the club supporting this project. I hope this letter will fulfill your needs. Lion Donna McLarty Tillsonburg Lions Secretary Page 42 of 246 August 13th, 2018 Mayor Molnar, Members of Council and the general public. This evening I am here along with other Life Members of the Kinsmen Club of Tillsonburg to present again, using the mayor Molnar’s own words, a “made in Tillsonburg solution” for a storage facility for the Sea Scouts at Lake Lisgar. This project was actually my idea, not anyone from the Sea Scouts. I was also not aware of the three other previous requests for something similar to this in the past, including the Sea Scouts in 2015, until I read Mr. Cox’s report this morning. Contrary to group opinion at that time, we now have the support of the Rowing Club and the Lake Lisgar Revitalization Project for the project in the proposed location • Read email from Frank I am sure that you know from the drawings and sketches that I have provided, that this structure is not going to be as some have fixated on it to be. Covered with maintenance free Hardie board siding and batten, with a new sectional door and partially buried into the ground, it will give the appearance as just another bay to the existing building. The Summer Place building would get a face lift at the same time at no cost to the Town or its taxpayers and the town would be acquiring a new asset also at no cost. I contacted a professional painter and the estimate to power wash the scaling paint and algae off the building and apply two coats of special concrete paint is approximately $5,000. There are no changes physically to the project from what Mr. Getty from the P&R Commission and I presented back on July 9th. Page 43 of 246 However, on the suggestion of Councillor Esseltine, I have spent significant time in the last month to resolve some of the preliminary engineering and safety issues that were brought forth by an independent engineering company and the Town’s CBO upon preliminary review of the drawings that we provided them. I am pleased to report that through another generous donation in kind from EECF, I was able to have a very positive meeting with Geno Vanhaelewyn the town’s CBO last week and he is satisfied with the changes we have made to the design. Mr. Cox’s report for this meeting made reference to getting the approval from the LPRCA. This morning I visited with Paul Gagnon and Chris Boothe from their planning department at their offices. They said that the slight infringement past their subjective BLL (Building Limit Line) it may not even require a permit from them. If the project is approved tonight I will take the revised drawings to Riggs Engineering in London to be stamped in order to apply for the building permit. As noted previously this project will take about three days physically to complete and the public will be rerouted off the walking trail just north of the Water Park and directed to Ross St. It is hoped that the project will be completed by the end of this month. The building prep and painting can actually be started at any time. We will be protecting and salvaging as much of the existing butterfly garden as possible or assisting in its relocation (according to Mr Cox’s most recent report) , as well as protecting the three existing memorial trees. We do also hope to add two more memorials in that area to honour past Lake Lisgar Renaissance coalition committee members. Page 44 of 246 The Sea Scouts will continue to host their meetings in the Gibson House facility and in the winter they meet at St. Paul’s Church. I have I also provided a letter of support for the project from the former CAO of the town, David Morris, and I have emails of support from both the Rowing Club and Lake Lisgar Revitalization Project. At the July 9th meeting a petition was presented opposing this project. The proponents of the petition, were not likely not aware that this project is to be a Joint Service Coalition effort to commemorate the 25th Anniversary of the service clubs working together on the Lake Lisgar Renaissance. I have verified that there were people solicited to sign the petition that it was not clearly presented .The remarks were that they would never had signed it had they known more about who was behind the project and what is actually proposed to be built. We now have added the financial support of the Lions Club, joining the Knights of Columbus and the Kinsmen Club that have also pledged to provide any shortfall to complete the project. The number of coalition club members supporting this project far out way the number of misinformed people. The Kinsmen Club constructed the new home for the Rowing Club in 1999, as a payback for their years of assistance with the Lake Lisgar Renaissance project. The Sea Scouts assist in helping keep the lake beautiful by cleaning up the debris on the water twice a year and Floyd Marshall, who is also a member of the Kinsmen Club is always there to skipper the barge when work on the fountain is required. He will also be assisting Frank Kempf of the LLRP (who is the custodian of the new Kinship 1 barge) with the Page 45 of 246 removal of the weeds in the Lake. In a way this project is their repayment, but more importantly it solves an ongoing storage problem of their boats at Gibson House, opens up the building to further uses and provides them a proper storage facility to help grow their membership. There are many opinions on what and where this facility should be located, right down to how many boats the group truly needs. We are not going to able to satisfy everyone and Council will have to decide what is best for the Town. Thank you and I hope that we can count on your support for this project. Page 46 of 246 August 13th, 2018 The work the Kinsmen Club have done through its Chairman Pat Carroll over the last twenty five years has been invaluable to our project and the residents of Tillsonburg. The facilitating of assets and facilities for user groups continues perennially and we do hope it continues long into the future. We recently were provided a new barge for continuing our work on the Lake. Sincerely, Frank Kempf Lake Lisgar Revitalization Project Page 47 of 246 1Laura PickersgillFrom:noreply@esolutionsgroup.caSent:Thursday, August 09, 2018 9:21 AMTo:Clerks OfficeSubject:New Submission Completed for Delegation Request FormHello, Please note the following response to Delegation Request Form has been submitted at Thursday August 9th 2018 9:20 AM with reference number 2018-08-09-001. First Name Floyd Last Name Marshall Street Address 7 Victoria St Town/City Tillsonburg Postal Code N4G 3Z5 Phone Number 519-842-0811 E-mail Fnbmarshall@sympatico.ca Do you or any members of your party require accessibility accommodations? No Page 48 of 246 2 Council Meeting Date August 13, 2018 Subject of Delegation Sea Scout Accessory Building and Storage Facility Name(s) of Delegates and Position(s) Floyd Marshall - Leader & Commissioner Mark Pick - Leader Jacob Wade - Member Name of Group or Person(s) being represented (if applicable) Tillsonburg Sea Scouts I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Same Kinsmen Submisdion Will there be a Power Point presentation? No Please attach a copy of your presentation. Have you been in contact with a Staff member regarding the Delegation topic? No I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] Page 49 of 246 Page 50 of 246 Page 51 of 246 Page 52 of 246 Page 53 of 246 Page 54 of 246 Watermain Replacement - Third Concession Road and Simcoe Street, County of Norfolk Oxford County is undertaking the replacement of watermain on Third Concession Road and Simcoe Street in Norfolk County (part of Tillsonburg drinking water system) - please refer to the Key Map for project limits. Construction is anticipated to commence in September, 2018 and be substantially completed by the end of October, 2018. When Wednesday, August 15, 2018 - 5:00 p.m. to 7:00 p.m. Where Marwood Lounge, Tillsonburg Community Centre located at 45 Hardy Avenue in Tillsonburg, Ontario. The format of the Public Information Centre will be an informal drop-in centre where residents and other stakeholders can review the displays and discuss the project with County staff. This is an opportunity for interested persons to obtain information on the proposed construction. For more information, please contact: Public Information Centre oxfordcounty.ca Jesse Keith, P.Eng. Project Engineer Oxford County Public Works 21 Reeve St - P.O. Box 1614 Woodstock, ON N4S 7Y3 Tel: 519-539-9800 ext. 3194 Toll Free: 1-866-537-7778 jkeith@oxfordcounty.ca Alex Brown, C. Tech Construction Coordinator Oxford County Public Works 21 Reeve St - P.O. Box 1614 Woodstock, ON N4S 7Y3 Tel: 519-539-9800 ext. 3138 Toll Free: 1-866-537-7778 abrown@oxfordcounty.ca This Notice Issued: July 31, 2018 Page 55 of 246 Report Title Update - County of Oxford Report No. MYR 18-05 Author Mayor Molnar Meeting Type Council Meeting Council Date August 13, 2018 Attachments RECOMMENDATION: THAT Council receives report MYR 18-05 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. This type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION • County Report (CAO 2018-18) reinforces Oxford’s prior position that Southwestern Ontario requires a fully integrated public transportation solution and that the HSR EA Terms of Reference must include the full and comparative assessment of alternatives to the proposed HSR corridor including the optimization of existing rail corridors and the future integration of an inter-community transportation network. This supports Tillsonburg’s leadership on the Ministry of Transportation resources recently allocated for transit links in Southwestern Ontario. • Report PW 2018-36 confirmed the Award of Tender for the Tillsonburg Sewage Pumping Station on North Street (Elgin Construction - $1,960,000), the final servicing component on the comprehensive development along this local corridor. • Report PW 2018-35 (July 11) recommended to Council to declare surplus all lands abutting the former CASO rail corridor both east and west of Tillsonburg not currently identified as having value for existing or future trails or for utility corridor purposes. The lands to the East were declared surplus, while the parcel to the west was removed from consideration pending further review. Page 1 / 2 MAYORreportCOOXaug2018 Page 56 of 246 • Report CP 2018-199 (August 8) confirmed the Draft Plan of Subdivision application for Oxnard Developments as recommended by Tillsonburg Council on June 25, 2018. The final agreement includes amendment(s) as recommended by local Council as of that date. • As indicated in an earlier report (MYR 18-01), the County of Oxford (Oxford County Public health) and the Elgin St. Thomas Health Unit have officially amalgamated to form the newly identified entity known as ‘Southwestern Public Health’ (www.swpublichealth.ca). FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 08/13/18 Page 2 / 2 CAO Page 57 of 246 Report Title Public Notice Requirements Report No. CL 18-26 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date August 13, 2018 Attachments Notice Policy By-Law 4214, To prescribe the form and manner and times for the provision of notice for the Town Page 1 / 2 Public Notice Requirements RECOMMENDATION THAT Council receives Report CL 18-26, Public Notice Requirements; AND THAT By-Law 4214, To Prescribe the Form and Manner and Times for the Provision of Notice for the Town, be brought forward for Council consideration. OBJECTIVE To obtain Council adoption of By-Law 4214, To Prescribe the Form and Manner and Times for the Provision of Notice for the Town of Tillsonburg. BACKGROUND Section 270 (1) of the Municipal Act states “A municipality shall adopt and maintain policies with respect to the following matters: 4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. This policy is to allow council discretion to allow for different types of notice media to be used, including but not limited to mail, newspapers and the worldwide web. The intent of the proposed by-law is to make the community aware of Council’s intentions in a timely manner, while ensuring that the provision of notice is straightforward to administer, at a reasonable cost. The Town endorses and actively promotes a public decision-making process to ensure a greater sense of community-ownership among residents and stakeholders. DISCUSSION By-Law 3041, to prescribe the form and manner and times for the provision of notice was passed by the Council of the Town of Tillsonburg on December 9, 2002. This by-law is outdated and has no reference to internet or social media as a means of notice, therefore it should be updated to reflect current notice requirements. Page 58 of 246 Page 2 / 2 CAO The discretion given to Council in the Municipal Act is broad enough to allow for different types of notice media to be used: e.g. newspapers, the worldwide web, mail, facebook, etc. The intent of the proposed by-law is to make the community aware of Council’s intentions in a timely manner, while ensuring that the provision of notice is straightforward to administer, at a reasonable cost. The schedule attached to the proposed by-law sets out only the minimum standard that would be required for notice. Additional print, direct mail, web, radio, or television advertising may be appropriate in particular circumstances. It should be noted that the notice requirements set out in other statutes, such as the Planning Act, detail the timing and type of notice and that these notice requirements are not included in the proposed by-law. The Town’s Public Engagement Policy also provides for a means to provide public notice to assist the public in understanding problem alternatives, opportunities and/or solutions. In determining the best opportunity to notify residents of certain matters required per various sections of the Municipal Act, 2001, staff considered the most effective means of reaching residents, such as weekly newspapers, direct mail, and the number of days to provide for the notice prior to consideration of such matters before Council. In regard to the type and frequency of notice in the proposed by-law, consideration was given to applying adequate timing in determining if the community has been made aware of Council’s intention. FINANCIAL IMPACT/FUNDING SOURCE Charges for advertising are minimal as ads are contained in the Community Update one page ad in the Tillsonburg News. The fee is for a full page ad in the weekly paper. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.1 Streamline communication – implement a notice Strategy for the Town 1.2 Demonstrate accountability – to provide the public with regular updates on and contacts for Town initiatives This process with provide citizens with information on ongoing initiatives and appropriate contacts which is the key performance indicator for this initiative. Page 59 of 246 Council & By-Law Notice Policy Policy Number 2-002 Approval Date Revision Date Schedules Schedule A – Public Notice Requirements Page 1 / 12 Policy 2-002 The Form and Manner and Times for the Provision of Notice A. POLICY STATEMENT In accordance with the Municipal Act, 2001, a municipality shall adopt and maintain policies with respect to providing notice to the public and the form, manner and timing that it shall be provided. B. PURPOSE To provide for the form, manner and timing in which the Town of Tillsonburg shall provide notice to the public and/or its stakeholder where notice is appropriate and/or prescribed pursuant to the Municipal Act, 2001. C. SCOPE This policy applies to public notices issued by the Town of Tillsonburg. D. POLICY 1. DEFINITIONS "Act" shall mean the Municipal Act, 2001, as amended; "Clerk" shall mean the Town Clerk of the Corporation of the Town of Tillsonburg or his or her designate; “Council” shall mean the Council of the Corporation of the Town of Tillsonburg; “Days” shall mean the number of calendar days to include Saturdays, Sundays and holidays; “facebook” an online social networking website in which the Town of Tillsonburg has an account to share information to the public. Page 60 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 2 / 12 Policy 2-002 Notice Policy “Newspaper” shall mean a printed publication in sheet form, intended for general circulation in the Town of Tillsonburg, published regularly at intervals of no longer that one week, consisting in great part of news of current events or general interest that may or may not be sold to the public and to regular subscribers; “Notice” shall mean a written, printed, published or posted notification or announcement; “Prepaid Mail” shall mean registered mail that requires the recipient to sign for it and is delivered by Canada Post or a courier service; “Published” shall mean published in a daily or weekly newspaper that, in the opinion of the Town Clerk, has such circulation within the municipality as to provide reasonable notice to those affected thereby, and “publication” has a corresponding meaning; “Registered Mail” shall mean prepaid mail that requires the recipient to sign for it and is delivered by Canada Post or a courier service; “Town” shall mean the Corporation of the Town of Tillsonburg; “Website” shall mean posting notification or announcement on the Corporation of the Town of Tillsonburg’s website. 2. APPLICATION Where the Town is required to give Public Notice under a provision of the Municipal Act, the notice shall be given in a form and manner and at times indicated in this By-Law unless; The Act, another statute, or a regulation prescribes or permits otherwise; The requirements of notice are prescribed in another policy, resolution or by-law; Council directs that other public notice is to be given as the Council considers necessary in the circumstances, upon adoption of a resolution of Council. The form, manner and timing for giving of notice as set out in this By-Law shall be deemed to be the minimum requirement and nothing in this By-Law shall prevent the use of more comprehensive methods of Notice or for providing for a longer notice period. Page 61 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 3 / 12 Policy 2-002 Notice Policy 3. FORM OF NOTICE Notice to the public shall contain the following information, when applicable, unless otherwise prescribed: 1) A description of the subject matter under consideration; 2) The purpose and effect of the proposed by-law, if applicable; 3) The date, time and location of any meeting at which the subject matter will be considered; 4) Where the matter relates to a defined location, reference to a municipal address, street intersection, legal description, plan or key map shall be provided; 5) The authority under which the notice is being given; 6) Applicable staff contact information with a deadline for receiving written submissions and comments 7) That the Notice is given by the Corporation of the Town of Tillsonburg, or by the Town Clerk on its behalf; 8) The Notice shall contain a statement indicating “alternative formats are available upon request” The notice shall be given pursuant to Schedule A as attached. It is the responsibility of the Director of the appropriate department, in coordination with the Town Clerk, to ensure notice requirements applicable to their departments are met and that the notices meet the Town’s accessibility requirements. 4. MANNER OF NOTICE Where a by-law is to be passed or a public meeting is required under this policy, the Town Clerk shall cause such notice to be published in a printed and/or electronic format. Where public notice is desired but not legislated through this procedure or other legislative means, the notice undertaken by the Town should reflect the magnitude and complexity of the issue/initiative and desired goal or outcome. In selecting the appropriate notice beyond the scope of this procedure the following four recognized types of public engagement will be considered: To inform-provide information to assist in understanding the initiative, alternatives, opportunities or solutions; To consult-obtain feedback on analysis, alternatives and/or decisions; To involve-work directly with the community throughout the process to ensure concerns and aspirations are understood; and To collaborate-partner with the community in the development of a decision to seek alternatives and/or a preferred solution. Page 62 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 4 / 12 Policy 2-002 Notice Policy To determine the appropriate notice beyond the scope of this procedure the Town’s Public Engagement Policy will be used. 5. TIME OF NOTICE Where a by-law is to be passed or a public meeting is required under this policy, notice shall be provided in the time frame prescribed in the legislation or its regulations and if it is not prescribed, notice shall be given pursuant to Schedule A as attached. Notices required under the Planning Act shall be in accordance with the time frames set out in the Planning Act. 6. NOTICE OF SUBSEQUENT MEETINGS If a decision is not made at the meeting specified in the Public Notice, a statement should be made by the Chair at the meeting specifying the date, time and location of any subsequent meeting, at which consideration of the matter will ensue. No additional prescribed notice will be required for subsequent meetings where a matter has been deferred to a subsequent meeting by Town Council. 7. POLICY MAINTENANCE Every effort will be made to maintain this policy within currently prescribed requirements and schedule A will be amended to reflect those changes. This policy will be reviewed a minimum of once every five years. 8. EMERGENCY PROVISIONS If a matter arises, which in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the Town of Tillsonburg, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the notice requirements of this by-law may be waived and the Town Clerk shall make his/her best efforts to provide as much notice as is reasonable under the circumstances. 9. GENERAL PROVISIONS Where separate by-laws and policies have been enacted related to provisions of notice in accordance with the Act, the provisions in such by-law and policies shall prevail. Page 63 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 5 / 12 Policy 2-002 Notice Policy SCHEDULE ‘A’ PUBLIC NOTICE REQUIREMENTS Section of Municipal Act, 2001 Summary of Municipal Act, 2001 Type and frequency of Notice/Timing Section 34: Road closure/permanent alteration if access is deprived to any person One notice published in a newspaper 7 days prior to the meeting One notice served personally or by prepaid mail upon owners of abutting land Signage posted Post on website and facebook Section 48: Change/naming of private roads Public notice required for intention to pass by-law One notice published in a newspaper 7 days prior to enactment of by-law One notice served personally or by registered mail upon owners of abutting land Signage posted Post on website and facebook Section 81: Shut off of Public Utility Reasonable notice will be provided if the municipality plans to shut off the supply of a public utility for outstanding fees. One written notice shall be served personally or by prepaid mail to the land owner that includes total amount owing, the due date for payment of outstanding amount, the date of earliest disconnection of service, contact information for the Town Section 173: Restructuring Proposal Public notice required to advise of holding of public meeting before council votes on whether to support or oppose a restructuring proposal One notice published in a newspaper 7 days prior to public meeting Post on website and facebook Page 64 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 6 / 12 Policy 2-002 Notice Policy Section 187: Changing name of Municipality One notice published in a newspaper 7 days prior to public meeting Post on website and facebook Section 204-210: Business Improvement Areas Before passing a by-law, notice shall be provided as required under the Act As per the requirements stipulated in the Act Section 211: Repeal of By-Law – Board of Management Council shall give notice of a proposed by-law to repeal a by-law establishing a business improvement area As per the requirements stipulated in the Act Section 216: Dissolution of local boards One notice by regular prepaid mail, mailed to local board 7 days prior to Council meeting Section 217: Changes to composition of Council One notice published in a newspaper 7 days prior to public meeting Post on website and facebook Section 222: Establishment of Wards After by-law passed, notice required on passing of by- law and specifying last date for filing a notice of appeal One notice published in a newspaper within 7 days of enacting by-law specifying the deadline for filing an appeal Post on website and facebook Section 238: New Procedural By-Law The municipality shall provide notice of the public meeting One notice published in a newspaper 7 days prior to public meeting Post on website and facebook Section 238/240: Schedule of Regular, Special and Standing Council/Committee Meetings The municipality shall provide notice of the public meeting One notice published in a newspaper 7 days prior to public meeting Post on website and facebook Section 270: Adoption of Policies A municipality shall adopt and maintain policies with respect to: -sale and other disposition of land Policies will be posted on the Town website once adopted. Where the subject matter if a policy requires public notice it shall be provided in accordance Page 65 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 7 / 12 Policy 2-002 Notice Policy -hiring of employees -relationship between council members and employees -procurement of goods and services -notice to the public -accountability and transparency -delegation of powers and duties with the adopted policy Section 290: Adopting yearly budget Notice of intent to adopt the budget and any notice of public participation meetings will be posted in the newspaper one time, seven days before the meeting date Post on website and facebook Section 291: Adopting or amending budget If a proposed amendment to a budget will result in a change to the total tax-supported net levy or a chance to any property tax rate: one notice published in a newspaper 7 days prior to public meeting If a proposed amendment to a budget will not affect the tax supposed net levy or change any property tax rate: notice through posting the schedule of Council meetings on the website or through other Council agenda information Section 295: Publication of Financial Statements Within 60 days after receiving the audited financial statements of the municipality for the previous year, the Treasurer shall publish in a newspaper having general circulation in As per the requirements stipulated in the Act One notice published in the newspaper within 60 days after receiving the audited financial Page 66 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 8 / 12 Policy 2-002 Notice Policy the municipality: copy of audited financial statements, any notes, auditor’s report, tax rate information for current and previous year as contained in the financial review statements of the municipality for the previous year Post on website and facebook Section 308: Establishment of Tax Ratios The Minister may make regulations requiring municipalities that establish tax ratios to give notice of the tax ratios to such persons and in such manner as prescribed As per the requirements stipulated in the Act Section 331: Taxes on eligible property Within 60 days of receiving the notice by MPAC, the municipality shall determine the taxes for municipal and school purposes for each eligible property for the year or portion of the year and shall provide notice as per the Act As per stipulated in the Act Section 342: Tax Collection- Ceasing of Alternative Installments and due dates of taxes Treasurer gives written notice to taxpayer that alternative installments and due dates may no longer be used One written notice provided to taxpayer if taxes remain unpaid after due date to inform them alternate instalments and due dates may no longer be used Section 343: Notice of Tax Bill The Treasurer shall send a tax bill to every taxpayer at least 21 days before any taxes shown on the tax bill are due Hard copy of tax bill mailed Tax bill may be sent electronically if chosen by the taxpayer Tax bills requested to be sent via registered mail will have the charge of the registered mail added to the amount owing Section 348: Determination of Tax Status The Treasurer shall by the last day in February of each year determine the position of every tax account as of Hard copy printed and mailed to taxpayer (can be included with tax bill) Page 67 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 9 / 12 Policy 2-002 Notice Policy December 31 of the preceding year. On making this determination, the Treasurer shall send to every taxpayer who owes taxes and of the related late payment charges. The notice may be sent with a tax bill Tax status may be sent electronically if chosen by the taxpayer Tax status requested to be sent via registered mail will have the charge of the registered mail added to the amount owing Section 350: Obligations of Tenant Where taxes are owed in respect of any land occupied by a tenant, the Treasurer may give the tenant notice in writing requiring the tenant to pay the rent in respect of the land to the treasurer as it becomes due up to the amount of the taxes due and unpaid plus costs, and the tenant shall comply with the notice. Written notice hand delivered or mailed to the tenant Section 351: Seizure personal property- Public Auction Subject to certain conditions, the Treasurer may seize personal property to recover the taxes and costs of the seizure. The Treasurer or their delegate shall give the public notice of the time and place of the public auction and of the name of the person whose personal property is to be sold. One notice published in a newspaper 14 days prior to public meeting One notice by regular, prepaid mail, mailed to sheriff, bailiff, assignee, liquidator, trustee or licensed trustee in bankruptcy 21 days prior to auction Section 356: Division into Parcels Upon application by the Treasurer of a municipality to the Treasurer by an owner of land, the municipality may divide land into two or more parcels; apportion unpaid taxes; and direct part payment of taxes to each of the parcels. As per the requirements stipulated in the Act Page 68 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 10 / 12 Policy 2-002 Notice Policy Section 357: Cancellation, Reduction, Refund of Taxes Upon receipt of an application, and subject to certain conditions, the municipality may cancel, reduce or refund all or part of taxes levied As per the requirements stipulated in the Act Section 358: Overcharges Upon receipt of an application, and subject to certain conditions, the municipality may cancel, reduce or refund all or part of taxes which where overcharges due to a gross or manifest error in the preparation of the assessment roll. As per the requirements stipulated in the Act One written notice mailed to applicant Notify applicant of meeting by mail sent at least 7 days before the meeting Within 7 days after making its decision, notify the applicant of the decision by mailing one written notice Section 359: Increase of Taxes Upon receipt of an application by the Treasurer, the municipality may increase the taxes levied when the taxes were undercharged due to a gross or manifest error. As per the requirements stipulated in the Act Notify the Treasurer and affected person by mailing one written notice at least 7 days before the meeting Within 7 days after making its decision, notify the Treasurer and affected person by mailing one written notice9 Section 374: Notice of Registration Tax arrears certificate Notice require, within 60 days after the registration of a tax arrears certification As per the requirements stipulated in the Act Section 379 & 380: Public Sale (Tax Arrears Certificate) Sale of property for tax arrears As per the requirements stipulated in the Act Any notice required to be sent may be given by personal Page 69 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 11 / 12 Policy 2-002 Notice Policy delivery or be sent by certified or registered mail Section 391: Fees & Charges Council shall hold one public meeting annually prior to adopting consolidated Fees & Charges By-Law; notice to be provided prior to meeting Notice is given through posting on Council agendas on the website Notice of intent to consider adopting/amending fees and charges by-law to be published in the newspaper at least once 7 days prior to the meeting in which the matter is considered Notice to be posted on website- 7 days prior Section 401 & 402: Debt & Notice Upon receipt of application of a municipality to incur a debit the Local Planning Appeal Tribunal may direct the municipality to give notice of the application to such persons and in such manner as the Board determines One written notice mailed to give notice of the application to such persons and in such manner as the Tribunal determines Section 435: Conditions Governing Power of Entry Reasonable time before proposed entry Notice to occupier of land by personal service or prepaid mail, or by posting notice on land in conspicuous place As per the requirements stipulated in the Act Section 441: Collection of Unpaid Licensing Fines If any part of a fine for a contravention of a business licensing by-law remains unpaid after the fine becomes due and payable Written notice mailed to person whom fine is against with a due date of not less than 21 days after the date of the notice Page 70 of 246 Council & By-Law Notice Policy Policy Number 2-00 Page 12 / 12 Policy 2-002 Notice Policy under the Provincial Offences Act, the authorized offer may give the person against whom the fine was imposed a written notice Section 447: Court Order to Close Premises The municipality that passed a licensing by-law in respect of which a closing order was made is a party to any proceedings, shall give notice of the proceedings in accordance with the rules of the court As per the requirements stipulated in the Act Page 71 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4214 A BY-LAW TO PRESCRIBE THE FORM AND MANNER AND TIMES FOR THE PROVISION OF NOTICE AND TO REPEAL BY-LAW 3041 WHEREAS Section 270(1) 4 of the Municipal Act, 2001, as amended, provides that a municipality shall adopt and maintain policies with respect to the circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. AND WHEREAS it is deemed advisable by the Council of the Corporation of the Town of Tillsonburg to set out the minimum notice requirements in the Municipal Act, 2001 for which the notice requirements are not otherwise prescribed by legislation, regulation, policy or by- law. WHEREAS it is deemed expedient to repeal By-Law 3041, passed the 9th day of December, 2002, and to replace it with a new comprehensive By-Law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Notice Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law; 2. THAT By-Law 3041 duly passed by Council on December 9, 2002 shall be hereby repealed; 3. AND THAT this By-Law shall come into force and effect upon final passing. READ A FIRST AND SECOND TIME THIS 13TH DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF AUGUST, 2018. ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 72 of 246 Report Title Construction Agreement - Ministry of Transportation (Ontario) Report No. DCS 18-33 Author Cephas Panschow Meeting Type Council Meeting Council Date AUGUST 13, 2018 Attachments Agreement RECOMMENDATION THAT Council receive Report DCS 18-33 Construction Agreement - Ministry of Transportation (Ontario); AND THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into an agreement with the Province of Ontario – Ministry of Transportation to enable the Town to proceed with the Highway 3 and Clearview Drive construction project. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to enter into a construction agreement with the Province of Ontario to enable the Town to construct enhancements to the Highway 3 and Clearview Drive intersection in order to enable legal access to the Highway 3 Business Park. BACKGROUND The Town of Tillsonburg, with support from Stantec Consulting, has been working to complete the final design of the Highway 3 and Clearview Drive intersection and obtain approval from the Ministry of Transportation (MTO) in order to meet the Draft Plan of Subdivision requirements and enable access to the Highway 3 Business Park. The third and final submission has been made to MTO and the construction contract has been awarded to Coco Paving Inc as per Report DCS 18-29 - Results for Tender RFT 2018-004 Highway 3 Intersection. The applicable permits are anticipated to be obtained shortly and construction is anticipated to start in September. MTO has now forwarded the attached agreement for execution by the Town. Page 1 / 2 Page 73 of 246 CONSULTATION/COMMUNICATION The Highway 3 Business Park and intersection projects have been the subject of numerous reports on both Council’s regular and budget agendas and there is good general awareness of the importance of creating additional industrial lands to support the ongoing development and growth of the Town. The intersection project also included an Environmental Assessment evaluation as part of the approval process and neighbouring properties were notified in writing during the design stage of the project. Any planned roadway or lane closures to facilitate the work will be in accordance with Ministry of Transportation of Ontario (MTO) standards and kept to a minimum. Any directly affected residences will be contacted in advance and communication will be provided to the public. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact relating to this report although it should be noted that the agreement stipulates that all costs, including a one-year warranty period, are at the Town’s expense. COMMUNITY STRATEGIC PLAN Theme 2.1 of the Community Strategic Plan identifies the need to Support new and existing businesses and provide a variety of employment opportunities. Enabling the construction of this access will open up opportunities to sell Town lands for industrial development and associated job creation. Page 2 / 2 Page 74 of 246 No. CMWR17-0003 THIS AGREEMENT dated this day of , 20 BETWEEN: HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, (the "Ministry") - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Town") WHEREAS: A. the Town own lands on the south side of Controlled-Access Highway Number 3 (“Highway 3”), in Part Lots 1 and 2, Concession 5 (Middleton) in the Town of Tillsonburg, in the County of Oxford (the “Lands”), on which the Town proposes to construct an industrial subdivision under Subdivision File 32T-09004; B. the Ministry shall permit the Town to locate a new entrance known as Clearview Drive South (the “Entrance”) on the south side of Highway 3, at the location shown on Schedule “A” upon the terms and conditions of this Agreement; C. the Town requests and the Ministry agrees to permit the Town to design and construct the Entrance including associated highway improvements (the “Highway Work(s)”) at the full cost and expense of the Town upon the terms and conditions of this Agreement; D. It is deemed expedient under Sections 2 and 38(11) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended (the “PTHIA”) to enter into this Agreement to further the design and construction and incidentals of the Highway Works, by the Town with all design and construction costs inside and incidental to the right-of-way of Highway 3 being at the cost of the Town unless otherwise expressly specified in this Agreement; and E. Section 116 of the PTHIA allows the Minister to enter into agreements for the purposes of the PTHIA, including agreements related to the safety and mobility of people and goods. Page 75 of 246 2 NOW THEREFORE in consideration of the premises and the respective covenants contained herein, the parties hereto for themselves and their respective successors and permitted assigns mutually agree as follows: 1.0 DEFINITIONS 1.1 In this Agreement, (a) "Approval", "Approve", "Approved" and similar expressions means the approval of or approved by the Ministry in accordance with the provisions of Article 3; (b) "Design", "design" means the Approved design, contract drawings and documents provided for in Article 5.0; (c) "Director" means the Regional Director for the West Region of the Ministry, or their nominee; (d) "Highway Work(s)" means the construction of the highway works pursuant to the Design as illustrated in Schedule “A”; (e) "Ministry" shall mean the short form of the formal name style as set forth in section 33(7) of the PTHIA and includes the applicable person or persons on the staff of the Ministry, as determined at the sole discretion of the Director, that relate to a respective provision in this Agreement; and (f) "RAQS" shall mean the Ministry’s Registry, Appraisal and Qualifications System, used to register, qualify, and maintain a corporate performance rating for contractors and consultants who want to conduct business with the Ministry in a broad range of technical and professional categories. 2.0 MINISTRY PERMITS 2.1 Subject to Section 2.2, upon application: (a) made by the Town to the Ministry in form satisfactory to the Ministry and at the Town’s cost and expense; and (b) accompanied by six (6) sets of Approved Design drawings and documents prepared according to the terms and conditions of this Agreement; and in compliance with any other applicable provisions of this Agreement. Page 76 of 246 3 the Ministry shall issue the Encroachment Permit, Entrance Permit and any other applicable permit (the "Permits") the Town requires to construct the Highway Works within the Ministry's jurisdiction. 2.2 No Permit(s) shall be issued under Section 2.1 prior to the delivery to the Ministry of: (a) the proof of the insurance as provided for in Section 12.3; (b) the Approval of the Design provided for in Section 5.4; (c) the submission of the Traffic Control Plan under Section 6.1; and (d) an executed copy of this Agreement. 2.3 Subject to Sections 2.1 and 2.2, the Ministry, after receipt of an Entrance Permit application by the Town to the Ministry, shall issue to the Town a standard MTO short form Entrance Permit under Section 38(2) of the PTHIA to connect Clearview Drive South to Highway 3. 2.4 Subject to Section 2.1 and 2.2, the Ministry, after receipt of an Encroachment Permit application by the Town to the Ministry shall issue to the Town a standard MTO short form Encroachment Permit and Legal Agreement under Section 38(2) of the PTHIA to install a sanitary sewer within the Highway 3 right-of-way. 2.5 Any Permit issued by the Ministry with respect to the Highway Works shall be subject to the terms printed on that Permit and is also part of and deemed subject to the terms of this Agreement. Any such Permit shall have annotated on it: "This permit is subject to the terms of the Agreement dated the ___ day of ___, 20__ between the Ministry of Transportation and the Town of Tillsonburg.” Where there is a conflict between this Agreement and the terms and conditions contained in the Permit(s) issued to the Town by the Ministry for the Highway Works, the terms and conditions contained in the Permits shall govern. 2.6 No Highway Works shall commence until such time as all required Permits, Approvals and authorizations have been obtained. Page 77 of 246 4 2.7 Notwithstanding Section 2.6, where emergency work must be carried out by the Town on the Highway 3 right-of-way in order to protect the travelling public and/or preserve the integrity of the Highway 3 right-of-way, any such emergency work may be commenced upon notice to the Ministry and its Approval being received. 3.0 MINISTRY APPROVALS 3.1 Wherever the provisions of this Agreement require or provide for the Ministry's Approval of or to any action, document or other matter contemplated by this Agreement, such request for Approval shall be in writing and shall: (i) contain or be accompanied by any documentation or information required for such Approval; (ii) clearly set forth the matter in respect of which such Approval is being sought; (iii) form the sole subject matter of the correspondence containing such request for Approval; and (iv) clearly state that such Approval is being sought. 4.0 MINISTRY DIRECTIONS 4.1 The Ministry may give such directions and orders, in writing, to the Town with respect to the performance of the Highway Works as they deem necessary, and the Town, at its cost, shall carry out such directions and orders forthwith upon receipt of same. 5.0 DESIGN OF THE HIGHWAY WORKS 5.1 The Town will only execute an agreement for the design of the Highway Works (the “Design”) with an engineering design consultant (the “Design Consultant”) that is qualified through the Ministry’s RAQS system, and such Design Consultant shall be Approved by the Ministry; Page 78 of 246 5 5.2 The Town, in preparing the Design and at the cost of the Town shall undertake an Environmental Assessment in accordance with the Ministry Class Environmental Assessment for Provincial Transportation Facilities (the “Class EA”) and if applicable the Municipal Class Environmental Assessment process and obtain from the Ministry of the Environment, as well as the Ministry of Natural Resources and Forestry, all necessary authorizations. 5.3 The Town shall prepare, according to Ministry specifications and standards, the Design and in conjunction therewith, including: (a) the Design of the Highway Works on Highway 3, which shall include: (i) construction of Clearview Drive South consisting of one through lane in each direction; (ii) reconstruction of the existing eastbound left-turn lane on Highway 3 at the existing Clearview Drive intersection to provide a 160m taper, 70m of parallel length and 15m of storage length; (iii) construction of 60m eastbound right-turn lane on Highway 3 at the New Clearview Drive intersection; (iv) construction of a new westbound left-turn lane on Highway 3 at the new Clearview Drive South intersection to provide a 160m taper, 70m of parallel length and 30m of storage length; and (v) installation of a 400 diameter sanitary sewer from the north limit of Highway 3 to the south limit of Highway 3, generally running perpendicular to the Highway 3 centreline of construction. (b) the placing of hot mix asphalt paving and granular materials to comply with the Ministry Approved Design; (c) the grading, drainage, topsoil, seeding/sodding and landscaping required by reason of construction of the road widening in accordance with the Approved Design; (d) the removal of existing pavement markings and placing of temporary and permanent pavement markings required within the limits of construction of the Highway Works. The pavement markings shall be placed in accordance with the Page 79 of 246 6 Approved Design and the markings shall be subject to field checking and the Approval of the Ministry; (e) the re-grading and landscaping of all disturbed areas within the limits of construction of the Highway Works to Ministry standards in accordance with the Approved Design; (f) all other aspects of the Highway Works; and (g) all above Highway Works according to the warrants, criteria, standards and incidentals of the Ministry pursuant to the Design. 5.4 The Design shall be stamped and signed by a Professional Engineer of Ontario. The Town shall submit the Design, to the Ministry for its Approval. 6.0 TRAFFIC CONTROL PLAN 6.1 The Town shall, at its cost and expense, prepare and submit a plan for traffic control (the “Traffic Control Plan”) to the Ministry prior to start of construction of the Highway Works. The Traffic Control Plan is to be prepared by a Design Consultant that is qualified through the Ministry’s RAQS system, and such Design Consultant shall be approved by the Ministry. The Traffic Control Plan shall be in accordance with the Ontario Traffic Manual – Book 7, the Traffic Control Manual for Roadway Work Operations, the Ministry’s Roadside Design Manual and other Ministry standards and procedures. The Traffic Control Plan shall: (a) provide that the Highway Works, once started, must be completed within the same construction year, being not later than November 1st of that calendar year unless otherwise agreed to in writing by the Ministry; (b) Should the Highway Works not be completed by November 1st of that calendar year the Town shall follow Ministry approved winter shutdown procedures, such that Ministry winter maintenance activities can commence; (c) provide that the existing traffic lanes must be open to traffic at the end of each working day; (d) provide that all open excavations adjacent to the through lanes must be backfilled and compacted to grade by the end of each working day; and Page 80 of 246 7 (e) provide for an end date ("End Date") on and after which the Town is to have constructed to completion the Highway Works. 6.2 The Town shall be fully responsible for traffic control and safety during construction of the Highway Works, including the supply, installation, relocation and maintenance of all traffic control devices, including pavement markings and warning signs that the Ministry requires, which shall be carried out in accordance with the Ontario Traffic Manual – Book 7. 7.0 PERFORMING THE HIGHWAY WORKS 7.1 The permission and Approvals granted, and directions and orders issued, herein are subject to the right of free use of Highway 3 by the public and are subject also to the rights and privileges which the Ministry may grant to any other persons on Highway 3 all of which rights are expressly reserved. 7.2 The Town, as proponent, shall comply with the Ministry’s Class EA under the Environmental Assessment Act and, if applicable, the Municipal Class Environmental Assessment process and obtain from the Ministry of the Environment, as well as the Ministry of Natural Resources and Forestry, all necessary authorizations. 7.3 The Ministry grants only permission and Approvals, and issues directions and orders, pursuant to the provisions of the PTHIA, and the Town shall be responsible for obtaining all authorizations required from any other authority in order to carry out any part of the Highway Works. 7.4 The Ministry may refuse or revoke any Permit(s) and/or right of access given to the Town to carry out the Highway Works where the Ministry, acting reasonably, determines that there are risks or conflicts to the travelling public or any other person using the Highway 3 right of way and/or to construction Highway Works that must be carried on by the Ministry, or to any contractor hired by the Ministry, on the Highway 3 right of way. Page 81 of 246 8 7.5 The Town agrees that the construction activities of Ministry contractors shall take precedence over the construction activities of the Town’s contractor(s) in the area of the Highway Works. The Town also agrees that the Ministry’s contractors will be recognised as the senior contractors. The Town further agrees that any construction activities of the Town’s and the Ministry’s respective contractors in the area of the Highway Works will be coordinated through the senior contractors and that any conflicts in the various construction activities will be decided in favour of the senior contractors. 7.6 The Town shall at its cost and expense: (a) only tender the Design and execute the contract for the construction of the Highway Works with a contractor (the “Contractor”) that is qualified through the Ministry’s RAQS system, and such Contractor shall be Approved by the Ministry; (b) submit to the Ministry prior to the start of construction, the details of the contract including schedules and traffic staging proposals, which may be given in stages concurrent with the plans submitted; (c) comply with the safety procedures in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, and any applicable legislation and industry standards; (d) not allow any track vehicle on the highway pavement; (e) not allow the cutting of fences without obtaining Approval from the Ministry; (f) not cut, trim or interfere with any trees without Approval from the Ministry; (g) protect any open pits to prevent access to them by unauthorised persons; (h) submit an operation plan to the Ministry, which shall contain the Town's normal practices for unloading material, anticipated hours of work, and all other related information which may be required by the Ministry; (i) ensure any large equipment or material placed within the highway right of way meets the clear zone offsets as provided for in the Roadside Design Manual and poses no risk to the travelling public; (j) notify the Ministry at least two (2) weeks prior to commencing any Highway Works, unless otherwise indicated in this Agreement or the Permits; (k) within seven (7) days of completion of any Highway Works, restore the site to a neat and tidy condition to the Ministry’s satisfaction; Page 82 of 246 9 (l) ensure that all blasting operations are Approved by the Ministry prior to the blasting operations; (m) co-ordinate the operations relating to the Highway Works so that interference with any Ministry activities is minimised; (n) protect the Highway Works during its construction activities from any Ministry construction or maintenance activity; (o) be responsible for the relocation of all utility (if any), that are required with respect to the Highway Works and that are not a tender item in the Highway Works. Any relocation of utilities shall be subject to the review and Approval of the Ministry. A Ministry Encroachment Permit(s) shall be obtained for all utility relocations that are required with respect to the Highway Works and that are not a tender item in the Highway Works; (p) repair to the Ministry’s satisfaction any damage to existing pipes, or other drainage facilities; (q) maintain proper drainage at all times; (r) remove any contaminated material that is disturbed as a result of the Highway Works and replace with approved material to the satisfaction of the Ministry’s representatives. All costs associated with the testing and appropriate disposal of contaminated material shall be the financial responsibility of the Town; and (s) backfill and compact fill material to the satisfaction of the Ministry. Any settlement as a result of installation must be remedied. 8.0 CONTRACT ADMINISTRATION AND QUALITY ASSURANCE 8.1 The Town shall: (a) be responsible for contract administration, inspection, testing and quality assurance in accordance with Ministry standards and specifications; (b) prepare a proposal for contract administration, inspection, testing and quality assurance requirements (the “Contract Administration and QA Proposal”) prior to construction of the Highway Works, and the Town shall submit the Contract Administration and QA Proposal to the Ministry for approval; Page 83 of 246 10 (c) hire a Ministry Approved engineering consulting firm that is qualified through the Ministry’s RAQS system to perform contract administration, inspection, testing and quality assurance (“Contract Administrator”) during the construction of the Highway Works for the Town and the Ministry, at the cost of the Town, and such Contract Administrator shall be Approved by the Ministry ; (d) ensure the minimum requirements for contract administration (e.g. inspection, testing and quality assurance) to be followed by the Contract Administrator are in accordance with the Ministry Construction Administration and Inspection Task Manual. (e) have the Contract Administrator arrange for a construction start-up meeting to be attended by the Town’s Contractor and Ministry representatives as deemed necessary by the Ministry. The start-up meeting shall take place not less than two (2) weeks prior to the anticipated construction start date, (f) provide the Ministry at the start-up meeting with the required Insurance Certificates, the contact information (phone, fax, email, emergency number’s, etc.) of the Town’s Contractor and Contract Administrator, contract schedule, traffic staging proposals, the operation plan and the Traffic Control Plan; (g) have the Contract Administrator maintain in form and detail satisfactory to the Ministry, records pertaining to the inspection of materials and workmanship and, when requested, make the records available for Ministry review and inspection; (h) have the Contract Administrator supervise and direct construction of the Approved Contractor constructing the Highway Works to the extent necessary to ensure the fulfilment of the contract in accordance with the Approved Design, for the Town and the Ministry; and (i) have the Contract Administrator decide all questions of the Approved Contractor relating to the Highway Works in compliance with the terms and conditions of this Agreement, for the Town and the Ministry. 8.2 The Ministry shall provide to the Town’s Contractor and Contract Administrator at the start-up meeting: (a) a copy of the Section 2.1 Permit(s); and Page 84 of 246 11 (b) a copy of the Designation of Construction Zone document, the Permission to Start Work document and the Maintenance Turnover Agreement to allow for the start of construction of the Highway Works. 8.3 The Town agrees to allow on-site audits by the Ministry during regular business hours. All books and records made pursuant to this Agreement shall be subject to inspection and audit for a period of six (6) years following the completion of the Highway Works. The Town shall accommodate audits at the discretion of the Ministry and on one (1) business day’s notice. 8.4 The Ministry has the right to carry out random tests and inspections of the Highway Works and the performance by the Town and its Contractor of this Agreement. In the event of any discrepancy between the Ministry’s test results and those of the Town and/or its Contractor, the Ministry’s results shall govern. 9.0 COMMENCEMENT OF HIGHWAY WORKS 9.1 The Town shall not authorize the Contractor to commence the Highway Works until it has: (a) received an executed copy of this Agreement; (b) received Approval of the Design; (c) received all Permits and Approvals from the Ministry; (d) received all authorizations required from other authorities; (e) given the Ministry written notice at least two (2) weeks prior to commencement of the construction of the Highway Works, after having received the Permits and Approvals, as required herein, from the Ministry; and (f) held a start-up meeting for the commencement of construction of the Highway Works. 9.2 The Ministry and the Town shall establish and agree upon a construction schedule, including a commencement date, before the Highway Works commences. Page 85 of 246 12 10.0 COMPLETION OF THE HIGHWAY WORKS 10.1 When, in the opinion of the Town, the Highway Works constructed under the Permits have been satisfactorily performed, and all money owed by the Town has been paid in full, and no lien has been filed in respect of the Highway Works, the Town shall submit written notice to the Ministry in the form of a letter as set out in Schedule “B” of this Agreement, and the Ministry shall cause the Highway Works to be inspected, and if the Ministry finds the Highway Works have been satisfactorily completed in accordance with the Approved contract drawings and documents, the Ministry shall give written notice that the Highway Works is accepted, and: (a) a one (1) year warranty period on all of the Highway Works will begin on the date that such written notice is provided to the Town by the Ministry and the Town will repair, at no cost or obligation to the Ministry, any and all defects to the Highway Works that arise during the one (1) year warranty period; and (b) upon the expiry of the one (1) year warranty period, the Ministry will thereafter be responsible for the Highway Works. 10.2 Prior to the Ministry’s acceptance of the Highway Works as set out in Section 10.1, the Town shall not open the Highway Works to the travelling public without the Ministry’s prior written Approval. 10.3 The Town shall deposit with the Ministry both a hard copy and an electronic version of the Design approved by a Professional Engineer of Ontario showing the as-constructed location of the Highway Works and the date of completion within ninety (90) days of the Ministry's acceptance provided pursuant to Section 10.1. 11.0 RISKS, INDEMNITY AND LIABILITY 11.1 The Town shall indemnify and save harmless the Ministry and its agents, from and against any claim, action, cause of action or liability from loss, damage, accident or injury in any manner arising due to, out of, from or in connection with the Highway Page 86 of 246 13 Works undertaken and performed by the Town, their agents or contractor under this Agreement, except for work negligently performed by the Ministry. 11.2 Solely for the purpose of Section 11.1 and Article 12, but not for the purpose of attributing vicarious liability to the Ministry, all Ministry contractors shall be deemed to be agents of the Ministry and thereby beneficiaries under these Sections. 12.0 LIABILITY INSURANCE 12.1 The Town, at its own expense, shall obtain and maintain either itself or via the prime contractor, during the period from the time of the application for the Article 2 Permits until the date of the Ministry’s written notice that the Highway Works are accepted under Section 10.1, 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 engaged in the Highway Works under this Agreement would maintain including, but not limited to, the requirements of Section 12.2. 12.2 The Section 12.1 policies shall include: (a) 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 $5,000,000. The policy is to include the following: i. the Ministry as an additional insured with respect to liability arising in the course of performance of the Highway Works, or otherwise in connection with this Agreement; ii. have the Town and the prime contractor constructing the Highway Works as named insureds in that policy; iii. contractual liability coverage; iv. cross-liability clause; v. 30 day written notice of cancellation, termination or material change; vi. non-owned automobile coverage with blanket contractual coverage for hired automobiles; and Page 87 of 246 14 (b) automobile insurance as per statutory requirement in Ontario and /or other jurisdictions, Ontario Automobile Policy (OAP1) Owner’s Policy Sections 3 and 4, auto liability for a limit not less than $2,000,000 per occurrence including Accident Benefits and where applicable Section 7, Loss or Damage Coverage. 12.3 The Town shall provide the Ministry with proof of the insurance required by this Agreement in the form of valid certificates of insurance that reference this Agreement and provide the same under Article 2 prior to the issuance of the Permits, and renewal replacements on or before the expiry of any such insurance. 13.0 DEFAULTS, REMEDIES AND TERMINATION 13.1 In the event of the Town: (a) failing to implement the Approved Design or construction of the Highway Works in accordance with this Agreement to the satisfaction of the Ministry; (b) failing to make, on demand of the Ministry, any payment or payments required to be made under this Agreement; (c) failing to do any act, matter or thing required to be done under this Agreement; or (d) becoming bankrupt, insolvent or subject to an execution in excess of one hundred thousand dollars ($100,000.00), then the Ministry may instruct the Town to discontinue all Highway Works, or provide another contractor to the satisfaction of the Ministry. The Ministry may then employ any means the Ministry deems necessary to do or complete any or all of the Highway Works and the Town shall have no claim against the Ministry for loss or damage caused by or resulting from any or all of the Highway Works being taken out of the control of the Town. The Town shall be chargeable with and shall remain liable for all loss, damage, expense, or cost which may be suffered by the Ministry by reason of the default, neglect, omission, bankruptcy, insolvency, or act of insolvency of the Town, and the Town shall be responsible for all costs of the Highway Works. 13.2 Nothing in Section 13.1 is to be construed as placing an obligation on the Ministry to complete, in whole or in part, the Highway Works. Page 88 of 246 15 13.3 If a lien is filed with the Ministry with respect to the Highway Works within the provisions of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, the Town at the cost of the Town shall resolve the lien. 14.0 PERMANENT ROAD NAME SIGNS AND REGULATORY SIGNS 14.1 The Town, at its own cost, shall be fully responsible for the cost of designing, supplying and installing permanent road name signs and regulatory signs. The design, supply and installation of the signs must be in accordance with the Ministry standards and specifications and in accordance with the King’s Highway Guide Signing Policy Manual. The Company must obtain all required road name signs and regulatory signs from the Ministry’s Provincial Sign Shop. 15.0 GOVERNING LAWS 15.1 This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada. 16.0 CONFLICTS 16.1 Where there is a conflict between this Agreement and the terms and conditions of other agreements that the Town may have entered into with another party pertaining to the Highway Works, including with the Contractor and/or other contractors, this Agreement governs. 17.0 NOTICES 17.1 Any notices to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by facsimile (as further specified below), or mailed by prepaid registered mail, or delivered by courier service. Subject to change by either party, upon written notice, notice shall be addressed as follows: Page 89 of 246 16 The Ministry: Dan Barber - Head, Corridor Management Section Ministry of Transportation Address: 659 Exeter Road London, ON N6E 1L3 Telephone: 519-873-4578 Facsimile: 519-873-4228 The Town: Cephas Panschow – Development Commissioner Town of Tillsonburg Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Telephone: 519-668-3009 ext. 3250 Facsimile: 519-688-0759 Such notices, shall be deemed to have been received by the party to whom it is mailed on the third business day following the posting, or on the day of delivery if provided by personal delivery, facsimile or courier. Provided that if an above day deemed for receipt is not a business day, such notice or other communication shall be deemed to have been received on the following business day. In the event of a postal strike, notice shall be provided by personal delivery, facsimile, or courier. 18.0 REPRESENTATIVE 18.1 The Town shall have a representative on the construction and/or maintenance site and provide the Ministry with the name of an official of the Town who may be contacted with respect to any of the Highway Works being carried out. 19.0 FINANCIAL REPORTING 19.1 The Town shall report to the Ministry, quarterly, on the actual eligible expenditures incurred and paid by the Town to date, plus a projected forecast or estimate of anticipated expenditures to the end of the Ministry’s fiscal year end, which generally is the end of March of each year, and a forecast of each future year’s eligible expenditures. The report that is to be provided in accordance with the provisions set out in this Section is to enable the Ministry to report the financial obligations to the Ontario Ministry of Finance. Page 90 of 246 17 19.2 The Town shall submit the report under Section 19.1 within 5 working days of the end of the reporting period, being the last calendar day of June, September, December and March of each year of the Highway Works. The project manager who is designated by the Town must sign each report. The Town shall, in writing, provide to the Ministry the designated project manager’s name and contact information and shall promptly inform the Ministry of any changes thereto. The Ministry will supply a reporting template that the Town shall be required to use for this purpose. 20.0 TIME OF THE ESSENCE 20.1 Time is of the essence of every provision of this Agreement. 21.0 CORPORATE AUTHORITY 21.1 The Town warrants that they have taken all necessary steps, done all acts, passed all by- laws and obtained all approvals within their power legally required to give them the authority to enter into this Agreement and do the Highway Works, maintenance and repair stated herein. Page 91 of 246 18 22.0 ASSIGNMENT 22.1 There shall be no assignment of any part of this Agreement by the Town without the express written consent of the Ministry. THIS AGREEMENT shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns. IN WITNESS OF ALL contained in this Agreement: SIGNED this day of , 20 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Minister of Transportation SIGNED AND SEALED this day of , 20 THE CORPORATION OF THE TOWN OF TILLSONBURG c.s. Stephen Molnar, Mayor ____________________________________ Donna Wilson, Clerk We have authority to bind the Town Page 92 of 246 19 SCHEDULE “A” to an Agreement between the Ministry of Transportation and The Corporation of the Town of Tillsonburg Illustration of Highway Works Page 93 of 246 20 SCHEDULE "B" to an Agreement between the Ministry of Transportation and The Corporation of the Town of Tillsonburg Notice Requesting Acceptance of Ministry’s Highway Works To: Ministry of Transportation (the date) Dear Sir/Madam: Re: Section 10.1 under an Agreement made the day of , 20 as to the Highway Works. The Highway Works are located on Highway 3 of the Ministry, in the area of Clearview Drive, in the Town of Tillsonburg in the County of Oxford. This certifies that: 1. The Highway Works have been constructed to completion under (and in compliance with): o the terms of the Agreement, o the standards and specifications of the MTO, and o the Approvals under Section 3.1, by the Town as provided for under the Agreement; and, 2. Without limiting item 1: o all costs to others for labour, material, services, or otherwise incurred or suffered have been paid in full or otherwise resolved; and o no liens by others exist on the date of this certificate as to any cost or matter, as provided for under the Agreement. The Town requests a site meeting for the acceptance of the Highway Works by the Ministry pursuant to Section 10.1 of the Agreement. , For the Town of Tillsonburg name: address: , P. Eng, Contract Administrator for the Town name: Town: address: Page 94 of 246 Report Title 2018 OILC Debentures Report No. FIN 18-21 Author DAVE RUSHTON, DIRECTOR OF FINANCE Meeting Type COUNCIL MEETING Council Date August 13, 2018 Attachments BY-LAW 4217 Page 1 / 2 2018 OILC Debentures RECOMMENDATION THAT Council approves By-Law 4217 authorizing the Mayor and Treasurer to enter into a financing agreement with the Ontario Infrastructure and Lands Corporation for $4,220,865. BACKGROUND The Municipal Act requires lower tier governments to arrange capital financing through the upper tier government. We have submitted as list of our projects that the Town is financing through Oxford County with Ontario Infrastructure and Lands Corporation (OILC). These projects were approved in the 2016, 2017 and 2018 budgets but have been or will be substantially complete in 2018. As all of these projects were approved through the budget process, Council has the authority to pass a by-law to complete the administrative process of placing debt with OILC. FINANCIAL IMPACT/FUNDING SOURCE By-Law/Approval Total Cost Amount to be Project Name Number of Project Financed Fire Comm Infrastructure - Hanover 2016 - FRS 16-08, Oct 24/2016 $26,400 $26,400 Service Truck Rep#044 2017 Budget approval 172,142 172,142 Fire Comm Infrastructure - Ripley's Dispatch Equipment 2017 - FRS -17-05 Oct 23/2017 28,823 28,823 Fire Comm Console 2018 Budget approval 157,800 93,500 Brdwy&Brock Accessible Upgrade 2018 Budget approval 60,000 60,000 LED Conversion 2018 Budget approval 1,500,000 1,500,000 TCC -Retrofit 2018 Budget approval 2,340,000 2,085,000 Waterpark renos 2018 Budget approval 129,000 100,000 Bay lights conversion to LED 2018 Budget approval 50,000 40,000 Downtown LED light conversion 2018-OPS 18-19 July 25/2018 115,000 115,000 $4,579,165 $4,220,865 Page 95 of 246 Page 2 / 2 CAO $60,000 of this debt will be repaid by taxation, $535,865 will be repaid by users such as the County for the service truck, Fire Communication’s customers for communication equipment, aquatic users for the waterpark renovations and the BIA for an upgrade to the new LED lights in the downtown. The balance of $3,585,000 will be repaid from energy savings from these two projects. The other major tax supported debenture approved in 2018 for the aerial truck will not be placed until 2019. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – The Municipal Budget included funding of capital projects through debt proceeds. This by-law is necessary in the process of placing this debt. This demonstrates transparency and accountability of local government. Page 96 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4217 A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (“OILC”) FOR FINANCING CERTAIN ONGOING CAPITAL WORKS OF THE CORPORATION OF THE TOWN OF TILLSONBURG (THE “LOWER-TIER MUNICIPALITY”); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH WORKS; AND TO AUTHORIZE LONG TERM BORROWING FOR SUCH WORKS THROUGH THE ISSUE OF DEBENTURES BY THE COUNTY OF OXFORD (THE “UPPER- TIER MUNICIPALITY”) TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Lower-tier Municipality has passed the by-law(s) enumerated in column (1) of Schedule “A” attached hereto and forming part of this By- law (“Schedule “A”) authorizing the capital work(s) described in column (2) of Schedule “A” (individually a “Capital Work”, collectively the “Capital Works”, as the case may be) in the amount of the respective estimated expenditure set out in column (3) of Schedule “A”, subject in each case to approval by OILC of the financing for such Capital Work(s) that will be requested by the Lower-tier Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Lower-tier Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the “Regulation”), the Council of the Lower-tier Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the “Updated Limit”), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule “A” (the “Authorized Expenditure” for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Lower-tier Municipality to exceed the Updated Limit, and accordingly the approval of the Ontario Municipal Board pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Lower-tier Municipality; AND WHEREAS subsection 405(1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, Page 97 of 246 - 2 - the municipality is a lower-tier municipality in a regional municipality and it has approved the work and the upper-tier municipality has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS subsection 401(3) of the Act provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures and accordingly the Lower-tier Municipality intends that the Upper-tier Municipality will issue debentures in respect of the Capital Work(s) and will request that the Upper-tier Municipality do so; AND WHEREAS subsection 403(1) of the Act provides that a by-law of an upper-tier municipality authorizing the issuing of debentures for the purposes or joint purposes of one or more of its lower-tier municipalities may require those lower-tier municipalities to make payments in each year to the upper-tier municipality in the amounts and on the dates specified in the by-law; AND WHEREAS the Act also provides that a municipality shall authorize long term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act and subsection 403(7) of the Act provides that all debentures issued under a by-law passed by an upper-tier municipality under section 403 are direct, joint and several obligations of the upper-tier municipality and its lower-tier municipalities; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred on or after January 1, 2013 in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Lower-tier Municipality requested the Upper-tier Municipality to issue debentures for the Capital Work(s) and in this connection the Upper-tier Municipality and the Lower-tier Municipality completed and submitted an application to OILC (the “Application”) to request financing for the Capital Work(s) by way of long term borrowing pursuant to section 403 of the Act through the issue of debentures by the Upper-tier Municipality to OILC and by way of temporary borrowing by the Lower-tier from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved the Application; AND WHEREAS the Upper-tier Municipality has approved the issue of debentures for the Capital Work(s) to OILC in the maximum aggregate principal amount of $4,220,865.00 (the “Debentures”); and OILC has indicated that pending the issue of the Debentures it will provide financing by way of temporary advances to the Lower-tier Municipality in respect of the Capital Work(s); Page 98 of 246 - 3 - AND WHEREAS the Lower-tier Municipality will enter into a financing agreement with OILC pursuant to the terms of which OILC will provide temporary advances to the Lower-tier Municipality in respect of the Capital Work(s); NOW THEREFORE THE COUNCIL THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. The Council of the Lower-tier Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC, in cooperation with the Upper-tier Municipality, for the financing of the Capital Work(s) by way of temporary borrowing from OILC, pending the issue of the Debentures, in the maximum aggregate principal amount of $4,220,865.00, substantially in the form of Schedule “B” hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter approve, such execution and delivery to be conclusive evidence of such approval. 2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Lower-tier Municipality a financing agreement (a “Financing Agreement”) with OILC that provides for temporary borrowing from OILC in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Mayor and/or the Treasurer are hereby authorized, pending the substantial completion of the Capital Work or of each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree, and to sign such evidence of indebtedness as OILC may require (the “Note”) and to deliver the Note to OILC, such execution and delivery to be conclusive evidence of such agreement; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or to each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work. 4. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, as security for the payment by the Lower-tier Municipality of the indebtedness of the Lower-tier Municipality to OILC under the Note, and as security for the payment by the Lower-tier Municipality of any indebtedness of the Lower-tier Municipality to the Upper-tier Municipality in respect of the Debentures issued for any Capital Work (the “Obligations”), the Lower-tier Municipality is hereby authorized to Page 99 of 246 - 4 - agree in writing with OILC that the Minister of Finance is entitled, without notice to the Lower-tier Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Lower-tier Municipality, amounts not exceeding the amounts that the Lower-tier Municipality fails to pay to OILC on account of the Obligations and to pay such amounts to OILC from the Consolidated Revenue Fund. 5. For the purposes of meeting the Obligations, the Lower-tier Municipality shall provide for raising in each year as part of the general lower-tier levy the amounts of principal and interest payable in each year under the Note and/or any outstanding Debenture, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality. 6. (a) The Mayor and/or the Treasurer are hereby authorized to execute and deliver the Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Lower-tier Municipality in order to perform the Obligations of the Lower-tier Municipality under the Financing Agreement and to execute and deliver the Note, and the Treasurer is authorized to affix the Lower-tier Municipality’s municipal seal to any such documents and papers. (b) The money realized in respect of the Note and the Debentures, including any premium, and any earnings derived from the investment of that money after providing for the expenses related to the execution and delivery of the Note and to the issue of the Debentures by the Upper-tier Municipality, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 7. This By-law takes effect on the day of passing. ENACTED AND PASSED this 13th day of August, A.D. 2018. _________________________ ________________________________ Stephen Molnar Donna Wilson MAYOR TOWN CLERK Page 100 of 246 Schedule “A” to By-Law Number 4217 (Ongoing Capital Works) (1) (2) (3) (4) By-Law Number/ Capital Work Number Description of Capital Work Estimated Expenditure Loan Amount 2017-FRS 17-05 Ripley’s Dispatch Equipment $26,400 $26,400 2016–FRS 16-08 Hanover’s Dispatch Equipment $28,823 $28,823 4194 Fire Communication Console $157,800 $93,500 2017-OPS 17-20 Service Truck Replace No 44 $172,142 $172,142 4194 Broadway & Brock Accessible Crossing $60,000 $60,000 4194 LED Street Light Conversion $1,500,000 $1,500,000 4194 TCC Retrofit $2,340,000 $2,085,000 4194 Waterpark Renos $129,000 $100,000 4194 TCC LED Conversion $50,000 $40,000 2018-OPS 18-19 Downtown LED Street Lights $115,000 $115,000 Totals $4,579,165 $4,220,865 Page 101 of 246 Schedule “B” to By-Law Number 4217 Page 102 of 246 Webloans Loan Application PDF Projects ID SIT Project ID Project Name Construction/Purchase Start Construction/Purchase End Project Cost OILC Loan Amount 645 0 Fire Comm Infrastructure - Ripley's Dispatch Equipment 10/01/2017 12/01/2017 $26,400.00 26,400.00 646 0 Fire Comm Infrastructure - Hanover 10/01/2016 12/01/2016 $28,823.00 28,823.00 647 3 Fire Comm Console 07/01/2018 10/31/2018 $157,800.00 93,500.00 648 0 Service Truck No. 044 Replacement 08/01/2017 06/30/2018 $172,142.00 172,142.00 649 0 Broadway & Brock Streets Accessible Upgrade 06/01/2018 09/30/2018 $60,000.00 60,000.00 650 6 LED Streetlight Conversion 05/01/2018 11/30/2018 $1,500,000.00 1,500,000.00 651 7 TCC Retrofit 01/01/2018 11/30/2018 $2,340,000.00 2,085,000.00 652 8 Waterpark Renos 05/01/2018 07/31/2018 $129,000.00 100,000.00 653 9 TCC LED Conversion 07/01/2018 12/01/2018 $50,000.00 40,000.00 654 10 Downtown LED Streetlight Conversion 05/01/2018 11/30/2018 $115,000.00 115,000.00 Details of Project Fire Comm Infrastructure - Ripley's Dispatch Equipment Project Financial Information FA Number 1317 Application for Tillsonburg, The Corporation of The Town of Project Category Municipal Other Infrastructure Work Type Fire Project Name Fire Comm Infrastructure - Ripley's Dispatch Equipment Construction/Purchase Start 10/01/2017 Construction/Purchase End 12/01/2017 Energy Conservation Project Address 1 80 Concession Street East Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch equipment to provide fire dispatch services for Ripley, Ontario. Comments and/or Special Requests Project Life Span (Years)5 Page 103 of 246 Required Date Amount Term Type 12/01/2018 $26,400.00 5 Serial Details of Project Fire Comm Infrastructure - Hanover Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 5 Serial Details of Project Fire Comm Console Project Cost (A)$26,400.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$26,400.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $26,400.00 Project Category Municipal Other Infrastructure Work Type Fire Project Name Fire Comm Infrastructure - Hanover Construction/Purchase Start 10/01/2016 Construction/Purchase End 12/01/2016 Energy Conservation Project Address 1 80 Concession Street East Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch equipment to provide fire dispatch services to Hanover, Ontario Comments and/or Special Requests Project Life Span (Years)5 Project Cost (A)$28,823.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$28,823.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Municipal Other Infrastructure Page 104 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $93,500.00 10 Serial Details of Project Service Truck No. 044 Replacement Work Type Fire Project Name Fire Comm Console Construction/Purchase Start 07/01/2018 Construction/Purchase End 10/31/2018 Energy Conservation Project Address 1 80 Concession Street Ease Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch radio-operator console equipment Comments and/or Special Requests Project Life Span (Years)10 Project Cost (A)$157,800.00 Other Project Funding / Financing (B): Description Timing Amount Reserves Existing $37,800.00 Taxation Existing $26,500.00 Other Project Funding/Financing Total (B)$64,300.00 OILC Loan Amount (A-B)$93,500.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $93,500.00 Project Category Clean Water Infrastructure Project Name Service Truck No. 044 Replacement Construction/Purchase Start 08/01/2017 Construction/Purchase End 06/30/2018 Energy Conservation Project Address 1 20 Spruce Street Project Address 2 City / Town Tillsonburg Province ON Postal Code Page 105 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $172,142.00 10 Serial Details of Project Broadway & Brock Streets Accessible Upgrade Description Replacement of Service Truck No. 044 Comments and/or Special Requests Project Life Span (Years)10 Project Cost (A)$172,142.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$172,142.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $172,142.00 Project Category Municipal Roads Infrastructure Project Name Broadway & Brock Streets Accessible Upgrade Construction/Purchase Start 06/01/2018 Construction/Purchase End 09/30/2018 Energy Conservation Project Address 1 Broadway & Brock Streets intersection Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Purchase and installation of audible pedestrian signal equipment Comments and/or Special Requests Page 106 of 246 Project Financial Information Required Date Amount Term Type 12/31/2018 $0.00 20 Serial Details of Project LED Streetlight Conversion Project Financial Information Required Date Amount Term Type 12/31/2018 $1,500,000.00 10 Serial Project Life Span (Years)20 Project Cost (A)$60,000.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$60,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Municipal Roads Infrastructure Project Name LED Streetlight Conversion Construction/Purchase Start 05/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 Town of Tillsonburg Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replace existing streetlights with LED fixtures Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$1,500,000.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$1,500,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $1,500,000.00 Page 107 of 246 Details of Project TCC Retrofit Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 20 Serial Details of Project Waterpark Renos Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name TCC Retrofit Construction/Purchase Start 01/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 45 Hardy Ave Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Energy retrofit project to provide a life cycle replacement to aging refrigeration equipment while upgrading to a modern, high efficiency refrigeration system, as well as modifications to ventilation to provide demand control ventilation (DCV) and reduced fan consumption using variable frequency drives (VFDs) on fans. Micro co-gen turbines are to be installed to reduce grid-based electricity consumption, provide back- up power in the event of emergencies, and to recover waste heat for building heating Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$2,340,000.00 Other Project Funding / Financing (B): Description Timing Amount Rebates Expected $255,000.00 Other Project Funding/Financing Total (B)$255,000.00 OILC Loan Amount (A-B)$2,085,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name Waterpark Renos Construction/Purchase Start 05/01/2018 Construction/Purchase End 07/31/2018 Energy Conservation Project Address 1 8 Ross Street Project Address 2 Page 108 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 10 Serial Details of Project TCC LED Conversion City / Town Tillsonburg Province ON Postal Code Description Capital repairs to reduce operating maintenance costs and extend life of asset Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$129,000.00 Other Project Funding / Financing (B): Description Timing Amount Taxation Existing $29,000.00 Other Project Funding/Financing Total (B)$29,000.00 OILC Loan Amount (A-B)$100,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name TCC LED Conversion Construction/Purchase Start 07/01/2018 Construction/Purchase End 12/01/2018 Energy Conservation Project Address 1 45 Hardy Ave Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replacement of existing lighting in Community Centre with LED fixtures Page 109 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $40,000.00 10 Serial Details of Project Downtown LED Streetlight Conversion Project Financial Information Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$50,000.00 Other Project Funding / Financing (B): Description Timing Amount Reserves Existing $10,000.00 Other Project Funding/Financing Total (B)$10,000.00 OILC Loan Amount (A-B)$40,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $40,000.00 Project Category Municipal Roads Infrastructure Project Name Downtown LED Streetlight Conversion Construction/Purchase Start 05/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 Downtown Business Improvement Area Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replace existing streetlights in Business Improvement Area with LED fixtures Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$115,000.00 Page 110 of 246 Required Date Amount Term Type 12/01/2018 $0.00 10 Serial Debt and Re-payments Summary Non Re-payments of Loans or Debenture OILC Loan Repayment Information Documentation and Acknowledgements Please ensure all required documents are submitted with the signed application. OILC requires originals as noted below to be mailed or couriered. Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. Loan Application Signature Page signed and dated by the appropriate individual (original to be submitted) Certificate and sealed copy of OILC template By-Law authorizing project borrowing and applying for a loan (original with seal) Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed) Updated Certified Annual Repayment Limit Calculation (original) I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: OILC retains the right to request and review any additional information or documents at its discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential, subject to any applicable laws or rules of a court or tribunal having jurisdiction. Infrastructure Ontario, Copyright © Queen’s Printer for Ontario, 2018 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$115,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Has there been any new/undisclosed debt acquired since last FIR was submitted? Yes No Please describe any re-financing plans for any existing "interest only" debt, if applicable. In the last 10 years, has the borrower ever failed to make a loan payment or debenture repayment on time to any lender, including the Provincial Government? If yes, please provide details. Please indicate the source(s) of revenue you plan to use to repay the OILC Loan Taxation 96.00 User Fees 4.00 Service Charges 0.00 Development Charges 0.00 Connection Fees 0.00 Repayment Subsidies 0.00 Other Total 100.00% Page 111 of 246 Report Title Winter Maintenance Level of Service Policy Report No. OPS 18-20 Author Dan Locke C.E.T, Manager of Public Works Meeting Type Council Meeting Council Date August 13, 2018 Attachments Winter Maintenance Level of Service Policy Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 18-20 Winter Maintenance Level of Service Policy; AND THAT By-law 4213 to adopt the Winter Maintenance Level of Service Policy be brought forward for Council consideration. BACKGROUND An amendment (O.Reg. 366/18) to the Minimum Maintenance Standards for Municipal Highways (O.Reg. 239/02) was released earlier this year. Report OPS 18-10 Comprehensive Sidewalk Review was supported by Council at the April 23, 2018 meeting. Report OPS 18-16 Draft Winter Maintenance Level of Service Policy was introduced to Council on June 14, 2018 that incorporated both the Comprehensive Sidewalk Review findings and the recently amended MMS into a Draft Winter Maintenance Level of Service Policy for Council consideration and public feedback. In accordance with the Town’s Public Engagement Policy a notice of the Draft Winter Maintenance Level of Service Policy was posted on the Towns website and in the local paper for a 30 day comment period. A Public Information Centre was also hosted by the Operations Department on July 12, 2018 during the comment period. SUMMARY The Pubic Information Centre was conducted to educate and inform the public of the proposed Winter Maintenance Level of Service Policy and to receive public input and comment. Excluding staff and Council members, approximately three (3) members of the community participated. Some of the comments/concerns received from the Public Information Centre revolved around snow clearing operations such as windrows and plowing practices. In response staff will be reviewing plowing techniques within the areas discussed and possible alternatives during pre- winter maintenance preparations and training. There was also discussion with the public that individual neighbourhood age demographics should be considered and that the Policy should be more geared towards senior mobility with higher levels of service in senior neighbourhoods. While it can be appreciated that the mobility of seniors can be complicated by winter conditions, the mobility of parents with young children, students and working community during the winter season is of equal importance. It is therefore recommended that the classification/prioritization system of the Policy remain as drafted. Page 112 of 246 Page 2 / 2 A request for comment from the Town Solicitor and Town Insurer returned language changes to more closely resemble that of the amended MMS. These revisions as well as designating the Manager of Public Works with the responsibility of declaring the beginning of and the ending of a “significant weather event” have been incorporated into the Policy. The attached Winter Maintenance Level of Service Policy not only satisfies the Towns legislative responsibility, but also captures the Towns practice of maintaining roadways, bicycle lanes, sidewalks and downtown municipal parking lots at appropriate levels during the winter season. The adoption of a Winter Maintenance Level of Service Policy will also significantly improve the Towns position in mitigating potential litigation of claims associated with winter conditions on roadways, bicycle lanes, sidewalks and Downtown municipal parking lots. CONSULTATION/COMMUNICATION In accordance with Strategy 3 – Involve, Consult, Collaborate of the Town’s Public Engagement Policy a notice of the Draft Winter Maintenance Level of Service Policy was posted on the Towns website on June 15th and continuously in the local paper for the 30 day comment period. A Public Information Centre was also hosted by the Operations Department during the comment period on July 12, 2018 to gain an understanding of the needs and expectations of the community. In addition the Town Solicitor, Town Insurer, and the following documents were consulted during the development of the Policy: Minimum Maintenance Standards for Municipal Highways O.Reg. 239/02 A Guideline for Developing a Level of Service Policy, OGRA Minimum Maintenance Standards: Regulation 366/18 Amendment Training FINANCIAL IMPACT/FUNDING SOURCE The implementation of a Winter Maintenance Level of Service Policy as a result of changes to the MMS and the comprehensive sidewalk review are not anticipated to have an effect on the Winter Control budget. COMMUNITY STRATEGIC PLAN (CSP) The development and implementation of a Winter Maintenance Level of Service Policy supports Objective 1 – Excellence in Local Government of the Community Strategic Plan by demonstrating strong leadership and accountability. Page 113 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Approval Date: Aug. 2018 Revision Date: - - Page 1 / 16 Winter Maintenance Level of Service Policy A. Policy Statement The Town of Tillsonburg will endeavour to provide safe, reliable, efficient, and environmentally responsible winter maintenance service within the Town of Tillsonburg in accordance with its approved level of service policies and accepted standards. This Policy sets out the level of service Council has adopted for winter maintenance of roadways, bicycle lanes, sidewalks, and municipal parking lots which it has determined to be an appropriate level of service. The policy recognizes that operational decisions will need to be made based on local conditions in the field depending upon the extent and severity of a winter storm event, and as a result, there may need to be some reasonable deviations from this Policy. At a minimum, the Town will adhere to the Minimum Maintenance Standards for Municipal Highways (MMS) as prescribed by the Ontario Ministry of Transportation under Regulation 239/02, as amended from time to time. All other regulatory requirements will also be met, including but not necessarily limited to those set out in the Occupational Health and Safety Act (OHSA) and the Highway Traffic Act (HTA). B. Purpose To designate responsibility for, and to establish service priority levels as it relates to winter control activities specifically snow clearing, ice control and snow removal operations for specified infrastructure within the Town of Tillsonburg boundaries. C. Responsibility The responsibility for ensuring snow clearing, ice control and snow removal from the Town's infrastructure of roadways, bicycle lanes, sidewalks, and municipal parking lots rests entirely with the Public Works Division. D. Scope This document is intended to provide a guideline for Council, Staff and the general public to educate and inform as to the level of service for the various winter maintenance activities and to define winter maintenance levels of service for roadways, bicycle lanes, sidewalks, and municipal parking lots. These levels of service include the following activities of plowing, salting/sanding, winter road patrol, weather monitoring, and snow removal. The amount of Town owned equipment and personnel to provide this level of service is funded through the Town’s tax base and may be reviewed annually through the budget process and/or may be amended by Council from time to time. The Town will endeavour to use all available Town resources to meet the level of service defined within this Policy subject to functioning equipment and staff availability due to illness or hours of work legislation. Page 114 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 2 / 16 Winter Maintenance Level of Service Policy E. Policy In this Policy the Town of Tillsonburg’s “Winter Maintenance Season” means the continuous period of time between the fifteenth (15th) day of November and the first (1st) day of April of the following year. The Town shall also attend to winter events that occur prior to November 15th and after April 1st if conditions warrant. Town Council acknowledges that the level of service provided outside the Winter Maintenance Season will be at a lower level than during the Winter Maintenance Season as the full complement of fleet and equipment may not be ready to respond prior to November 15th or some of the fleet of equipment may be decommissioned after April 1st. The Winter Maintenance Level of Service Policy is based on the assumption that not all infrastructure needs to be maintained at the same level of service, but depends on its role in the total transportation network and on other various services the Town provides, whether they be emergency or non- emergency. To simplify the determination of levels of service, the various infrastructure components have been designated to specific classes and priorities. These are fully explained within this Policy. By-Laws Applicable By-laws passed for the purposes of supporting snow and ice control efforts and other related By-laws which could be enforced during all out emergencies are listed below: • Snow, Ice, Dirt and Litter Removal Bylaw No.2189 • Traffic and Parking Bylaw No. 3701 On Street Parking Parking is prohibited on all streets during the months and times specified in the Traffic and Parking Bylaw. Property Damage During the course of operations throughout any given winter season, a certain amount of damage to Town and private property may be incurred by snow clearing forces. In the event that significant sod damage is sustained it will be restored by the Public Works Division using topsoil and seed at the earliest availability of material (usually May), conditional upon the severity and extent of sod damage and the prevailing weather conditions. Any sod damage sustained due to salt inadvertently splashed onto a boulevard or lawn during the course of the winter will not be treated or repaired by the Town. If a Town vehicle/plow damages a mailbox, either through direct contact or due to the force of the snow rolling off the plow, the mailbox will be repaired or replaced by Public Works personnel with a standard type mailbox as established by the Public Works Division. The Town will not replace decorative mailboxes. A property owner who installs decorative materials, retaining walls, irrigation sprinklers or other like structures on the Town right-of-way does so at their own risk. Driveway Entrance Clearing It can be expected that snow will be plowed into driveways as a normal part of roadway and sidewalk snow clearing operations. Owners of properties which the driveways service will be responsible for removal of the snow deposited in those entrances by Town snow clearing operations. Under no circumstance are owners or their contractors allowed to deposit snow from driveways onto the travelling portion of the Town roadways as per Section 181 of the Highway Traffic Act. Page 115 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 3 / 16 Winter Maintenance Level of Service Policy Assistance to Private Property Under no circumstances will a Town employee be allowed to use a Town owned vehicle to push, pull, or tow a stranded private vehicle from a roadway or parking lot. The employee may, if a hazard exists, use the two-way radio to notify the Customer Service Centre of the hazardous condition. Likewise, under no circumstances, will a Town employee use a Town owned vehicle to perform any snow removal or ice control operation on private or commercial property and the employee will not be allowed to use personal equipment during working hours. Weather Monitoring 1) During the period of time from October 1 to April 30 the weather, both current and forecasted to occur in the next 24 hours, will be monitored by Public Works three times per calendar day. During the period of time from May 1 to September 30 the weather, both current and forecasted to occur in the next 48 hours, will be monitored by Public Works once per calendar day. 2) The Public Works Road Supervisor or designate performing the weather monitoring shall indicate if there is a substantial probability of snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, or in Downtown municipal parking lots prior to signing off. 3) In this Policy, “substantial probability” means a significant likelihood considerably in excess of 51 percent. “weather” means air temperature, wind, and precipitation. Declaration of a Significant Weather Event 1) If the Town declares a significant weather event relating to snow accumulation, ice formation, or icy conditions the Town will monitor the weather as outlined above and if deemed practicable by the Town, deploy resources to address snow accumulation and/or icy conditions on roadways, bicycle lanes, sidewalks and Downtown municipal parking lots starting from the time that the Town deems appropriate to do so. 2) If the Town complies with subsection (1), all roadways, bicycle lanes, sidewalks and Downtown municipal parking lots are deemed to be in a state of repair with respect to snow accumulation, ice formation, or icy conditions until the applicable service level timeframes set out in this Policy expire following the declaration of the end of the significant weather event by the Town. 3) Following the end of the weather hazard in respect of which a significant weather event that was declared by the Town, the Town shall declare the end of the significant weather event when the Town determines it is appropriate to do so and address snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, and Downtown municipal parking lots in accordance with the respective levels of service defined within this Policy. 4) If the Town declares the beginning of a significant weather event or declares the end of a significant weather event the Town shall issue a media release and post such notice on the Town website and on social media. 5) The responsibility for the declaration of or for the cancelling of a significant weather event is by the Manager of Public Works or his/her designate. Page 116 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 4 / 16 Winter Maintenance Level of Service Policy 6) In this Policy, “significant weather event” means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within a municipality. “weather hazard” means the weather hazards determined by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program”. Patrolling 1) If it is determined by the Public Works Road Supervisor or designate, as a result of weather monitoring that there is a substantial probability of snow accumulation, ice formation or, icy conditions on roadways, bicycle lanes, sidewalks, or in Downtown municipal parking lots the Public Works Supervisor, or his/her designate will patrol representative roadways, bicycle lanes, sidewalks and Downtown municipal parking lots at intervals deemed necessary by the Public Works Road Supervisor or designate. 2) Patrolling of a roadway or Downtown municipal parking lot consists of observing and documenting the roadway or municipal parking lot conditions by driving on the roadway or municipal parking lot by the Public Works Road Supervisor or designate. 3) Patrolling of a sidewalk or bicycle lane consist of visually observing and documenting the sidewalk or bicycle lane conditions by driving by the sidewalk or bicycle lane on the adjacent roadway by the Public Works Road Supervisor or designate. 4) The Public Works Road Supervisor or designate will document the respective conditions throughout the patrol including either an actual measurement or visual estimate of snow accumulation depth on the roadway, bicycle lane, sidewalk, or in Downtown municipal parking lots, the staff and equipment deployed to address the snow accumulation, ice formation, or icy conditions on the roadway, bicycle lane, sidewalk, or in Downtown municipal parking lots, and the time deployed. 5) Where there is no substantial probability of snow accumulation, ice formation or icy conditions, patrolling will be completed in accordance with Table 1 to check for conditions described in the Minimum Maintenance Standards O.Reg. 239/02. Table 1 – Patrolling Frequency Class of Highway Patrolling Frequency 1 N/A 2 2 times every 7 days 3 once every 7 days 4 once every 14 days 5 once every 30 days 6 once every 45 days Page 117 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 5 / 16 Winter Maintenance Level of Service Policy ROADWAYS CLASS DESIGNATION As per the Classification of Highways Table in Ontario Regulation 239/02, Roadways have been divided into 6 Classes based on Average Daily Traffic (ADT) and speed limit to determine their priority for patrolling, snow clearing and ice control. No roadway section will be classified at a lower classification than that specified in the Highway Classification Table in O. Reg. 239/02. Class 1 There are presently no Class 1 roadways within the Town of Tillsonburg. Class 2 Are roadways which carry large volumes of traffic to and through the Town. These roadways are identified as Provincial Highways in the Official Plan that make up the Connecting Link within the Town of Tillsonburg. Class 3 Are roadways which carry medium volumes of traffic through, and local traffic within the Town. These Class 3 roadways are identified as a combination of Arterial and Collector roads in the Official Plan. Class 4 Are roadways which carry low volumes of local traffic to and from a specific address including any roadway that schools or hospitals are located on, have main driveway entrance onto, or connect the street that the school or hospital fronts on to the closest arterial or collector roadway would automatically qualify for this Classification. These Class 4 roadways are identified as Collector and Other roads in the Official Plan. Class 5 Are mainly local roadways that service residential, industrial or commercial addresses depending on the property zoning abutting them and are identified as Other roads in the Official Plan. Class 6 Are all remaining local roadways including many cul-de-sacs and dead ends. These Class 6 roadways may service residential, industrial or commercial addresses depending upon the property zoning abutting them and are identified as Other roads in the Official Plan. LEVEL OF SERVICE Snow Accumulation on Roadways 1) (a) After becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in Table 2, Public Works will deploy available Town resources as soon as practicable to address the snow accumulation. (b) after the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation, so as to reduce the snow to a depth less than or equal to the depth set out in Table 2, in accordance with subsections (2) or (3), as the case may be, within the time set out in the Table 2. Page 118 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 6 / 16 Winter Maintenance Level of Service Policy 2) The snow accumulation must be cleared to provide a minimum lane width of the lesser of three (3) metres or the actual lane width. 3) Despite subsection (2) for a Class 4, Class 5 or Class 6 roadway with two lanes, the snow accumulation on the roadway must be cleared to provide a total width of at least five (5) metres. 4) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in Table 2 the roadway is deemed to be in a state of repair with respect to snow accumulation. 5) This section does not apply to that portion of the roadway designated for parking, consisting of a bicycle lane, or used for snow storage. 6) In this Policy, Addressing snow accumulation includes, but is not limited to plowing, salting, applying abrasive materials or other chemical agents, or any combination of the above methods. “snow accumulation” means the natural accumulation of new fallen snow or wind-blown snow or slush that, alone or together, covers more than half a lane width of a roadway. Table 2 – Snow Accumulation on Roadways Class of Highway Depth Time 1 N/A N/A 2 5.0 cm 6 hours 3 8.0 cm 12 hours 4 8.0 cm 16 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Note: Unless authorized by the Public Works Road Supervisor or designate Class 5 & 6 roadways will be plowed only for individual snowfalls greater than 5 cm, or when accumulated successive snowfall totals reach a 10 cm total. Exception to this total may occur if easily broken snow pack conditions result from a rise in temperature. Ice Formation on Roadways and Icy Roadways 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a roadway determines there is a substantial probability of ice forming on a roadway the Public Works Road Supervisor or designate will deploy available Town resources to treat the roadway, if practicable, to prevent ice formation within the time set out in Table 3, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. Page 119 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 7 / 16 Winter Maintenance Level of Service Policy 2) Despite compliance with subsection (1), should ice form on a roadway the roadway is deemed to be in a state of repair until the applicable time set out in Table 4 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the roadway is icy. 3) Subject to subsection (1) the standard for treating icy roadways is to treat the icy roadway within the time set out in Table 4 and an icy roadway is deemed to be in a state of repair until the applicable time set out in Table 4 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the roadway is icy. 4) In this Policy, Treating a roadway, bicycle lane, sidewalk, or municipal parking lot to address ice formation or icy conditions means the application of material to the roadway, bicycle lane, sidewalk, or municipal parking lot, including but not limited to, salt, sand, abrasive material or other chemical agents, or any combination of the above methods. “ice” means all kinds of ice, however formed. Table 3 – Ice Formation Prevention on Roadways Class of Highway Time 1 N/A 2 8 hours 3 16 hours 4 24 hours 5 24 hours 6 24 hours Table 4 – Treatment of Icy Roadways Class of Highway Completion Time 1 N/A 2 4 hours 3 8 hours 4 12 hours 5 16 hours 6 24 hours Page 120 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 8 / 16 Winter Maintenance Level of Service Policy End of Storm Pavement Surface Condition Public Works will attempt to restore the pavement surface to the condition set out in Table 5 following the end of a winter event. Table 5 – Surface Condition Class of Highway Condition 1 N/A 2 Bare Pavement 3 Bare Pavement 4 Centre Bare 5 Snow Pack 6 Snow Pack Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways will be serviced first. Class 4 – Roadways will be serviced second. Class 5 – Roadways will be serviced third. Class 6 – Roadways will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority roadway classes may be delayed in an attempt to maintain the upper roadway classes at the required service levels for both snow accumulation and ice control. Therefore, Class 6 roadways would be delayed first, followed by Class 5, then Class 4, then Class 3. Class 2 roadways are to be kept open at all times. If this process requires implementation, then a single break through pass will be made through the delayed roadway classes once their maximum allowable roadway snow depth has been reached. Page 121 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 9 / 16 Winter Maintenance Level of Service Policy BICYCLE LANES CLASS DESIGNATION As per Ontario Regulation 239/02, Bicycle Lanes have been classified as the same class as the adjacent roadway or roadway which the bicycle lane is situated upon to determine the priority for snow clearing and ice control. In this Policy a “bicycle lane” means a portion of a roadway that has been designated by pavement markings or signage for the preferential or exclusive use of cyclists, or a portion of roadway that has been designated for the exclusive use of cyclists by signage and a physical or marked buffer. LEVEL OF SERVICE Snow Accumulation on Bicycle Lanes 1) After becoming aware of the fact that the snow accumulation on a bicycle lane is greater than the depth set out in Table 6, Public Works will deploy available Town resources as soon as practicable to address the snow accumulation. 2) After the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation, so as to reduce the snow to a depth less than or equal to the depth set out in Table 6, within the time set out in the Table 6. 3) If the depth of snow accumulation on a bicycle lane is less than or equal to the depth set out in Table 6 the bicycle lane is deemed to be in a state of repair with respect to snow accumulation. 4) The snow accumulation on the bicycle lane must be cleared to a minimum width of one (1) metre or the actual bicycle lane width. Table 6 – Snow Accumulation on Bicycle Lanes Class of Highway or Adjacent Highway Depth Time 1 N/A N/A 2 5.0 cm 12 hours 3 8.0 cm 24 hours 4 8.0 cm 24 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Page 122 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 10 / 16 Winter Maintenance Level of Service Policy Ice Formation on Bicycle Lanes and Icy Bicycle Lanes 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a bicycle lane determines there is a substantial probability of ice forming on a bicycle lane the Public Works Road Supervisor or designate will deploy available Town resources, to treat the bicycle lane, if practicable, to prevent ice formation within the time set out in Table 7, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. 2) Despite compliance with subsection (1), should ice form on a bicycle lane, the bicycle lane is deemed to be in a state of repair until the applicable time set out in Table 7 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the bicycle lane is icy. 3) Subject to subsection (1) the standard for treating icy bicycle lanes is to treat the icy bicycle lane within the time set out in Table 7 and a bicycle lane is deemed to be in a state of repair until the applicable time set out in Table 7 expires, starting from the time the Public Works Road Supervisor or designate becomes aware of the fact that the bicycle lane is icy. Table 7 – Ice Formation Prevention and Treatment of Icy Bicycle Lanes Class of Highway or Adjacent Highway Ice Formation Prevention Time Treatment of Icy Bicycle Lanes Time 1 N/A N/A 2 8 hours 4 hours 3 16 hours 8 hours 4 24 hours 12 hours 5 24 hours 16 hours 6 24 hours 24 hours End of Storm Bicycle Lane Surface Condition Public Works will attempt to restore the bicycle lane surface to the same condition as the adjacent roadway or roadway which the bicycle lane is situated upon. Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways with bicycle lanes will be serviced first. Class 4 – Roadways with bicycle lanes will be serviced second. Class 5 – Roadways with bicycle lanes will be serviced third. Class 6 – Roadways with bicycle lanes will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority classes may be delayed in an attempt to maintain the upper classes at the required service levels for both snow accumulation and ice control. Page 123 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 11 / 16 Winter Maintenance Level of Service Policy SIDEWALKS CLASS DESIGNATION There are no class designation standards for sidewalks in the Minimum Maintenance Standards O.Reg. 239/02. The intention of this section of the Policy is to fulfill the Town’s duty to provide a reasonable standard of care to prevent foreseeable harm to others. In this Policy, a “sidewalk” means hard surface paths within the part of the highway specifically set aside or commonly understood to be for pedestrian use, inter-block walkways, footbridges, staircases and hard surface pathways within Parks and Open Space, but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited. Primary Class Sidewalks Primary Class Sidewalks are defined as sidewalks located within a Special Event area, when they are scheduled to occur, sidewalks along arterial or collector roadways that directly serve an Institution such as a school or hospital as well as common safe access routes to schools that connect crossing guard locations, sidewalks on bridges and steep hills along arterial and collector roadways, sidewalks along arterial or collector roadways that directly serve Commercial areas such as the Service Commercial and Central Commercial District, hard surfaced walkways and pathways identified as Primary in the Trails Master Plan, and sidewalks that service high density apartment and social housing complexes, including retirement centers. Secondary Class Sidewalks Secondary Class Sidewalks are defined as any remaining sidewalks located along arterial and collector roadways, sidewalks along roadways that transport pedestrians to and remaining hard surfaced walkways within Parks and Open Space, and sidewalks along local roadways. Where sidewalks exist on both sides of a local roadway only one side would be considered. The selection of which sidewalk would be considered would be determined on an individual basis to ensure a smooth sidewalk transportation network in accordance with the Official Plan. Other Sidewalks Other Sidewalks are defined as sidewalks along local roadways where no sidewalk precedes or follows, any walkway, sidewalk, staircase, or pathway along any roadway that terminates mid-block and does not provide a continuous connection to another component of the sidewalk network, and any sidewalk, walkway or pathway along or adjacent to a vertical drop, large body of water, or along a steep grade where public safety during the Winter Maintenance Season is a potential concern. LEVEL OF SERVICE Snow Accumulation on Sidewalks 1) After the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in Table 8 within the time set out in Table 8. 2) If the depth of snow accumulation on a sidewalk is less than or equal to the depth set out in Table 8 the sidewalk is deemed to be in a state of repair with respect to snow accumulation. 3) If the depth of snow accumulation on a sidewalk exceeds Table 8 while the snow continues to accumulate, the sidewalk is deemed to be in a state of repair with respect to snow accumulation until the applicable time set out in Table 8 expires, starting from the time the snow accumulation ends. Page 124 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 12 / 16 Winter Maintenance Level of Service Policy 4) The snow accumulation on a sidewalk must be cleared to a minimum width of one (1) metre. 5) No sidewalk snow clearing will take place on any class sidewalk if the individual snowfall is less than 5.0 cm, unless authorized by the Public Works Roads Supervisor or his/her designate. Table 8 – Snow Accumulation on Sidewalks Class of Sidewalk Depth Time Primary 5.0 cm 24 hours Secondary 8.0 cm 48 hours Other * No Service No Service Ice Formation on Sidewalks and Icy Sidewalks 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a sidewalk determines there is a substantial probability of ice forming on a sidewalk the Public Works Road Supervisor or designate will deploy available Town resources, to treat the icy sidewalk, if practicable, to prevent ice formation or improve traction within the time set out in Table 9, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. 2) Despite compliance with subsection (1), should ice form on a sidewalk, the sidewalk is deemed to be in a state of repair until the applicable time set out in Table 9 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the sidewalk is icy. 3) The standard for treating icy sidewalks, after the Public Works Road Supervisor or designate becomes aware of the fact that the sidewalk is icy is to treat the icy sidewalk within the time set out in Table 9 and an icy sidewalk is deemed to be in a state of repair for the applicable time set out in Table 9 after it has been treated. Table 9 – Ice Formation Prevention and Treatment of Icy Sidewalks Class of Sidewalk Time Primary 24 hours Secondary 48 hours Other * No Service End of Storm Sidewalk Surface Condition Public Works will attempt to maintain sidewalks in a smooth snow packed condition due to the limitations of the sidewalk clearing equipment to get down to the bare surface, unless specified otherwise. Page 125 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 13 / 16 Winter Maintenance Level of Service Policy Priority for Servicing Primary Class – Sidewalks will be serviced first. Secondary Class – Sidewalks will be serviced second. * Other Class – Sidewalks are considered closed from November 15th to April 1st and shall receive no winter maintenance. For unusual or severe conditions, or when equipment breakdown occur, lower priority sidewalks may be delayed in an attempt to maintain higher priority sidewalks at the service levels described above for both snow accumulation and ice control. MUNICIPAL PARKING LOTS LEVEL OF SERVICE Snow clearing and ice control of parking lots servicing the municipal public parking lot system within Downtown Tillsonburg will be prioritized for service as per Table 10 and carried out in accordance with the following guidelines: 1) Snow clearing operations shall begin within one (1) hour after the accumulation of 8.0 cm of snow accumulation, or within one (1) hour upon request by the Public Works Roads Supervisor or designate. 2) Follow-up snow clearing/scraping operations will only resume following the accumulation of an additional 8.0 cm of new snow on the previously serviced areas. 3) Sanding/salting operation for ice control, if required, will be restricted to the driving lanes between rows of parking stalls. 4) Snow storage piling is to be done at the same time as snow clearing within the designated snow storage areas. 5) Snow storage piles are not to take up more than 10% - 20% of the available parking spaces at any one time during the Winter Maintenance Season. Priority for Servicing Servicing of Downtown Municipal Parking Lots for snow clearing and ice control will be prioritized as outlined in Table 10. Page 126 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 14 / 16 Winter Maintenance Level of Service Policy Table 10 – Downtown Municipal Parking Lots Priority Municipal Lot Priority Municipal Lot 1 1A 1 5B 2 7A (west half) 2 1B 3 6A (west half) 3 2B 4 3A 4 3B 5 10A 5 4B 6 7A (east half) 6 5A 7 6A (east half) 7 11A 8 8A 8 4A 9 9A 9 6B For unusual or severe conditions, or when equipment breakdown occur, lower priority Downtown municipal parking lots may be delayed in an attempt to maintain higher priority Downtown municipal parking lots at the service levels described above for both snow accumulation and ice control. SNOW REMOVAL Snow removal on roadways, parking lots, cul-du-sacs/dead ends, and the Downtown Core area will be carried out when required by the Public Works Division. Depending on the area and number of locations to be undertaken, a decision will be made by the Public Works Road Supervisor or designate in consultation with the Public Works Manager or designate to implement the removal process. Snow Removal Areas For snow removal operations, the Town infrastructure has been divided into four Areas which determine the priority for servicing. Area 1 – Intersections Area 2 – Downtown Core Area 3 – Downtown Municipal Parking Lots Area 4 – Local Streets with Dead Ends / Cul-du-sacs LEVEL OF SERVICE Area 1 – Intersections The Public Works Road Supervisor or designate will assess the snow storage volume at intersections to ensure the required sight lines and normal traffic flows are not obstructed. If the Public Works Road Supervisor or designate determines that the removal of snow is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would normally begin 24 hours after the Public Works Road Supervisor or designate determination. Page 127 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 15 / 16 Winter Maintenance Level of Service Policy Area 2 – Downtown Core The Public Works Road Supervisor or designate will assess the volume of snow storage in the Downtown Core to ensure a reasonable volume of snow storage remains while considering weather forecast, parking accessibility, and safe access to the sidewalk from on-street parking locations. If the Public Works Road Supervisor or designate determines that the removal of snow is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed between 12:00 am and 7:00 am during a weeknight and within 24 to 48 hours of the Public Works Road Supervisor or designate determination, except for a Tuesday night / Wednesday morning due to Downtown waste collection Wednesday morning. Area 3 – Downtown Municipal Parking Lots If the Public Works Road Supervisor or designate determines that snow storage piles are taking up more than 10 – 20% of the available parking lot spaces, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed during normal business hours by Public Works and within 5 days of the Public Works Road Supervisor or designate determination. The removal of snow storage piles may not be necessary within all Downtown municipal public parking lots, however should extreme conditions exist, limited snow removal operations may be required. Area 4 – Local Streets with Cul-du-sacs / Dead Ends The Public Works Road Supervisor or designate will assess the volume of snow storage of local streets with dead ends and cul-de-sacs to ensure a reasonable volume of snow storage remains while considering weather forecast and traffic maneuverability. If the Public Works Road Supervisor or designate determines that snow removal is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed during normal business hours by Public Works and within 5 days of the Public Works Road Supervisor or designate determination. Priority for Servicing Snow removal operations would normally occur after all other previously identified levels of service in this Policy have been achieved, depending on the forecast, however in severe weather the following prioritization of service areas would be initiated. Area 1 – Intersections would be serviced first. Area 2 – Downtown Core would be serviced second. Area 3 – Downtown Municipal Parking Lots would be serviced third. Area 4 – Local Streets with Dead Ends / Cul-de-sacs would be serviced fourth. Page 128 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 16 / 16 Winter Maintenance Level of Service Policy DEPARTURE FROM POLICY The Town of Tillsonburg recognizes that conditions may be so unusual or unexpected that a temporary departure from this Policy may be authorized. Therefore, when conditions warrant the Public Works Road Supervisor in consultation with the Manager of Public Works and Director of Operations, may order a temporary departure from these general guidelines. Special requests or changes to the Policy shall only be authorized by Council. Page 129 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4213 BEING A BY-LAW to adopt the Winter Maintenance Level of Service Policy; WHEREAS Section 270 (1) of the Municipal Act, 2001, states that a municipality shall adopt and maintain policies and such policies will be adopted to ensure that it is accountable to the public for its actions, and shall be the manner in which the municipality will try to ensure that its actions are transparent to the public; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Winter Maintenance Level of Service Policy. THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Winter Maintenance Level of Service Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 13th DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF AUGUST, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 130 of 246 Report Title 2018 OCIF Top-Up Application Report No. OPS 18-21 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date August 13, 2018 Attachments OCIF Top-Up Application Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 18-21 2018 OCIF Top-Up Application as information; BACKGROUND Approximately $100 million in provincial funding is available under the Top-Up component of the Ontario Community Infrastructure Fund (OCIF) for the 2018 intake. Eligibility for the 2018 intake is being targeted to communities whose formula based grants in 2019 and 2020 add up to a combined total of less than $2 million. Eligible communities with critical core infrastructure projects may submit proposals to the Top-Up application component to bring their total OCIF funding up to $2 million over two years. The OCIF Top-Up application submission deadline is August 28th 2018. SUMMARY Proposed projects must demonstrate prioritization and alignment with asset lifecycle activities within the applicants Asset Management Plan. In accordance with the Corridor Coordination and Project Prioritization Process within the Towns Asset Management Plan the following arterial roadway projects are identified in priority sequence: Arterial Roadway From To AMP Road Risk Rating Cost Est. Vienna Rd. Simcoe St. Highway 3 Extreme $ 1,350,000 Oxford St. Broadway Vienna Rd Extreme $ 1,325,000 Cranberry Rd. North St. E. Town Limit Extreme $ 975,000 Concession St. W. Rolph St. Charlotte Ave. High $ 1,725,000 The Oxford St. and Vienna Rd. projects are also eligible under the Connecting Link Program and are therefore not recommend for submission under the OCIF program. While the Cranberry Rd. project has a higher AMP Road Risk rating, staff believe that addressing the public safety issue associated with vertical and horizontal roadway alignment of the Concession St. W. project combined with the benefits of promoting safe active transportation makes the Concession St. W. project more viable as it relates the OCIF Top-Up assessment criteria. Page 131 of 246 Page 2 / 3 The Concession St. W. Reconstruction project limits as shown in Figure 1 is between Rolph St. and Charlotte Ave. The proposed work involves the complete reconstruction of the pavement structure including new barrier curb and gutter with sidewalks and storm drainage improvements. Should OCIF Top-up funding be approved the proposed works would be undertaken during the 2020 construction season. The 2018 OCIF Top-Up application for the reconstruction of Concession St. W. from Rolph St. to Charlotte Ave. is attached. Council resolution of project designation is not required as part of the application submission. Applications will be assessed over the fall/winter with funding decisions made available in January/February 2019. CONSULTATION/COMMUNICATION Staff consulted with Oxford County Planning staff to ensure the proposed project aligned with the Provincial Policy Statement and approved land use policies. Staff also leveraged membership to Public Sector Digest for additional application review and comment. FINANCIAL IMPACT/FUNDING SOURCE For approved applications, the province will provide funding for up to 90% of the eligible project costs. Based on the eligibility requirements the Town of Tillsonburg is able to submit a project application request for up to $1,556,165 in funding, equivalent to a total eligible project cost of $1,729,072. Applicants would contribute the remaining 10% of the eligible costs and would be responsible for all ineligible project costs. At this time, there are no 2018 budgetary impacts as a result of the OCIF Top-Up application. Should the application be successful the Town would proceed to undertake detailed design in 2019 and tender the project for construction in 2020. COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 132 of 246 Page 3 / 3 Page 133 of 246 Page 134 of 246 Page 135 of 246 Page 136 of 246 Page 137 of 246 Page 138 of 246 Page 139 of 246 Page 140 of 246 Page 141 of 246 Page 142 of 246 Page 143 of 246 Page 144 of 246 Report Title Proposed Equipment Storage Adjacent to Summer Place Report No. RCP 18-25 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 13, 2018 Attachments RCP 15-42 – Storage for Tillsonburg Scout Association RCP 17-45 – Proposed Gibson House & Deck Vision for Gibson House Page 1 / 5 11565933812,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place RECOMMENDATION THAT Council receives Report RCP 18-25 – Proposed Equipment Storage Adjacent to Summer Place; AND THAT Council approves Option ___ as outlined in the report. EXECUTIVE SUMMARY AT their meeting of July 9, 2018, Council heard a proposal to create storage adjacent to Summer Place for use by the Tillsonburg Sea Scouts. A delegation and a petition in opposition to the project, especially the use of a shipping container as the structure, was also presented. Council requested a report from staff providing additional information about the project. BACKGROUND In 2014, Council approved an agreement with the Tillsonburg Scout Association (TSA) which changed the organization’s ability to use Gibson House for equipment storage. In September 2015, TSA proposed the use of a shipping container adjacent to Summer Place as an alternative. Report RCP 15-42 (attached) was prepared to outline the project. Council received the report for information. The 2016 RCP Business Plan included a non-Town funded item with a budget of $5,000 to establish storage for the Sea Scouts and model boaters, but the project did not move forward. In March 2017, the TSA proposed placing a boathouse and deck on the back of Gibson House. Council requested a report from staff. Report RCP 17-45 (attached) was provided to Council in October, 2017. Council received the report for information and directed the project be considered during the 2018 budget process. The 2018 RCP workplan includes direction (with no budget allocation) to “support the Gibson House Boathouse and Deck Initiative.” A “Vision for Gibson House” document (attached) was prepared for discussion with potential funders of the project. Page 145 of 246 Page 2 / 5 11565933812,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place The proposal currently before Council to provide storage adjacent to Summer Place/Rowing Club and exterior refurbishment of Summer Place was developed in May & June 2018, and provided to the Parks & Recreation Advisory Committee for comment before it was provided to Council via delegation on July 9. The Advisory Committee endorsed the project as proposed, as noted by the Chair of the Advisory Committee in his presentation to Council. Planning Context Zoning By-Law: Sea Containers or "cargo containers", as defined in the Town's Zoning By- Law, are regulated by Section 5.2 of the Zoning By-Law. Provisions respecting their use are as follows: Where a cargo container is used for the purpose of storage accessory to a principal use, the following provisions shall apply: A cargo container may only be permitted in an Industrial Zone; A cargo container may only be located in the rear yard and must comply with the rear yard depth provisions of the zone in which the said cargo container is located; Other than the rear yard depth requirement as set out above, the placement of a cargo container shall comply with Table 5.1.1.4- Regulations for Accessory Buildings and Structures. Notwithstanding these provisions, Section 5.27 - Public Uses provides that the provisions of the Zoning By-Law shall not apply to the use of any lot or to the erection or use of any building or structure for the purpose of providing public services by the Corporation of the Town of Tillsonburg. Planning staff recommends that, if the project proceeds as outlined, that the sea container be modified such to be a regular accessory structure, rather than remain a sea container as defined by the Zoning By-Law. Memorial Park & Lake Lisgar Master Plan(MPMP): The MPMP includes the following relevant items: Add a cantilevered deck or terrace on the back of Gibson House, overlooking the Lake. Boathouse storage should be incorporated under elevated deck structure. Status: Approved. Develop [Summer Place] as a banquet / event facility, with a new four-season structure featuring windows and a terrace overlooking the Lake, as well as space for the Rowing Club. Consult with the Rowing Club to determine their needs in terms of facilities and storage. Renovate the surrounding grounds with gardens to create a picturesque setting for wedding photos. The existing dock can also be used for photos. Add 90 degree accessible parking on the east side of Ross Street. For large events, guests can use the parking lot by the Waterpark entrance. Consider operating a nature interpretation / education centre out of the new building. Consider adding a roof-top observation platform overlooking both the Waterpark and Lake Lisgar. Status: Tabled for further discussion. The proposed project does not align directly with either of these items, but does not impede either from proceeding in the future. The proposed project addresses the immediate storage need for the TSA & Sea Scouts in a manner that is relatively easily and cheaply reversed if plans change in the future. The MPMP proposes an expanded waterpark, but the current conceptualization of that expansion is to the north and would not be impacted by the proposed project. Page 146 of 246 Page 3 / 5 11565933812,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place Long Point Conservation Authority: To construct in either location, a permit from the LPRCA would be required. The Summer Place location has far fewer implications under the CA regulations than the Gibson House location in terms of shoreline impact, water quality and flood limits. Building Code Requirements In review of the preliminary design the CBO has the following comments and requirements: A shipping container proposed to be used as a storage building requires a building permit. Shipping containers are designed to be stacked and are capable of withstanding tremendous loads in specific locations; however, they are not designed to be backfilled to resist lateral loads on the side walls and therefore will most likely have to be reinforced. A structural engineer will need to be retained to review the container and provide a design that will withstand the lateral backfilled loads as per the proposed sketch. The design will need to include details on the damp proofing/waterproofing product used that is subject to be applied to buried metal. The design will need to provide details along the existing Summer Place wall to account for potential irregular shifting movements. The proposed concept as an addition beside the existing building seems to tie in very well, however, a shipping container is not the recommended construction solution for this proposed design. Shipping containers tend to be more cost effective when used as a stand-alone storage building that are separated from a main building and are not buried. Therefore, the location and overall design concept is acceptable with a recommendation that the addition be constructed of poured concrete. Alternatively, explore potential locations for a standalone location that is not backfilled. Butterfly Garden The Butterfly Garden located between Summer Place and the lake was established in 2016 by the Oxford County Stewardship Council. The Council secured a grant to fund the purchase of plant materials, and two locations on Town property (Summer Place, and Tillsonburg Cemetery) were established. In line with the MPMP guidelines of providing more naturalized spaces, increasing biodiversity and maintaining habitat, butterfly gardens are a suitable component of Memorial Park and the Lake Lisgar area and should be maintained. In general, butterfly gardens do not need to be ‘manicured’ and can be low-maintenance. The proposed storage project would significantly impact the existing butterfly garden, and the affected plants would need to be moved. The garden could be shifted towards the lake to allow for the storage project, and the proponents of the project have incorporated this into their plan. Alternatively, the entire garden could be relocated to another area of Memorial Park. Page 147 of 246 Page 4 / 5 11565933812,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place Staff proposes the former ‘Turtle Garden’ area East of McLaughlin Way as a good alternative location, although it has a much lower profile. The representative of the Stewardship Council involved in establishing the Butterfly Gardens has not indicated a preference regarding these two alternatives, although she has made it clear that there is an expectation that the garden and the plants in it would be preserved. Gibson House According to the existing agreement, the Tillsonburg Scout Association is able to use the basement of Gibson House for storage of equipment and to use the main floor in a manner that doesn’t impede the use of the space by others. The impact of this change to TSA’s traditional use of that space has been that the Sea Scouts have not been easily able to use Lake Lisgar for their activities and, based on anecdotal observations, have more or less stopped doing so. The boathouse and deck concept is one that has resonated with many and as noted above is incorporated in to the Master Plan. However, it is a complicated project involving considerable cost to design and construct. As it would likely involve in-water pilings and be right on the shoreline, additional regulatory issues from the LPRCA and other levels of government will need to be addressed. Formal designs and costing have not been established, and Council has not authorized any expenditure to obtain such documentation. Summer Place & Rowing Club Summer Place is used during July and August by the Town’s summer camp programs. The Rowing Club space is rented to the Tillsonburg Rowing Club and is used by them May-October for rowing programs and year-round for storage. The building has been open on a seasonal basis only since 2013, achieving considerable savings in utility costs. The building exterior was last repainted in 2014 by RCP staff. A facility condition study was conducted in 2017 that identified some capital repairs in the short to medium term, but the overall condition was deemed as fair and serviceable. The proposed project is unlikely to have any negative impact on the facility, provided the appropriate building code requirements are met, and the method of installation deals appropriately with any water or moisture between the new storage and the existing rowing club wall. Public Consultation The applicable sections of the Town’s Public Engagement Policy suggest a whole range of tools and methods for a high profile, non-routine, controversial initiative. The review and input from the Parks and Recreation Advisory Committee covers the requirements of the policy, but as there has been considerable public interest in the project, staff recommends that council consider having a public information session if a decision to proceed with the project is made. Page 148 of 246 Page 5 / 5 11565933812,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place Precedent Setting If the project is allowed to proceed in a manner compliant with the above noted zoning by-law and building code restrictions, then Council is following established precedent. Options A: Allow the project to proceed as proposed, provided that as per the CBO’s direction, engineering and design documents are provided confirming structural integrity and the protection of the existing building. RCP staff and the Parks & Recreation Advisory Committee recommend this option. B: Allow the project to proceed if the proponents are prepared to change the structural component to poured concrete as per the recommendation of the CBO. C: Do not allow the project to proceed. CONSULTATION/COMMUNICATION Staff consulted with the proponents, planning staff, and the Chief Building Official. FINANCIAL IMPACT/FUNDING SOURCE There is no cost to the Town for the storage as a direct result of this report. The proponents of the project have committed to meeting the costs of the project, including repainting the exterior of Summer Place and the Rowing Club. There may be some staff time and minor expenses arising from moving the Butterfly Garden. Once in place, there will be ongoing maintenance and utility costs associated with the storage. Recovering some of these costs through a rental agreement with the TSA is an option. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report supports the following CSP priorities: 1.1 Demonstrate excellence in local government initiatives 1.3 Demonstrate accountability Page 149 of 246 RCP 15-42 – Storage for Tillsonburg Scout Association.docx 1/2 STAFF REPORT RECREATION, CULTURE & PARKS Title: Storage for Tillsonburg Scout Association Report No.: RCP 15-42 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: SEPTEMBER 28, 2015 Attachments: Storage Location Sketch RECOMMENDATION THAT Council receives report RCP 15-42 – Storage for Tillsonburg Scout Association for information. EXECUTIVE SUMMARY Subsequent to a delegation by the Tillsonburg Scout Association in August, Council requested a report regarding use of a shipping container for storage of the Sea Scouts’ boats near Lake Lisgar. BACKGROUND Until the summer of 2014, Tillsonburg Sea Scouts were able to store their small sailboats and canoes inside Gibson House. As part of the Lake Lisgar Revitalization project, Gibson House was renovated to tidy it up and make it suitable for use as a meeting space available to all. The Sea Scouts were required to remove their boats and equipment from the upper level of Gibson House. The Sea Scouts have found the effort of trailering the boats to and from Lake Lisgar is substantial. They approached Council to request alternative storage near the Lake during the summer months, with the suggestion that placing a half-size shipping container near Summer Place might be a cost-effective solution. The use of shipping containers as storage is prohibited under the zoning by-law in that location. The Chief Building Official (CBO) has indicated that an accessory building would be permitted and could use a shipping container as a structural element. The result would have to pass building code and would have to look substantially different than just a shipping container. The Rowing Club has indicated their concern with the aesthetics of a shipping container, but are amenable to storage adjacent to their boat garage as long as their access is not affected. They are willing to allow the Sea Scouts’ boat trailer to be stored in their garage during the winter months as long as it is removed by April 1. Page 150 of 246 RCP 15-42 – Storage for Tillsonburg Scout Association.docx 2/2 The Lake Lisgar Revitalization Committee has indicated their objection to any new storage near Summer Place. They recommend the removal of the trees behind Gibson House so a new viewing deck can be built overlooking the lake with storage for the Sea Scouts’ boats underneath it. Estimates for the cost to acquire and deliver a 20’x10’ shipping container range from $1,000 to $2,500 depending on the condition and location of the container. Town Parks & Cemetery staff would be able to do the site preparation, but purchase and delivery of materials (gravel & armour stone) would be required, estimated at $750. The cost to disguise the container would depend on the methods used, but materials for two walls and a roof are estimated at $3,000-$5,000. Approval for the site plan and construction methods would be required from the Chief Building Official and from the Long Point Region Conservation Authority. CONSULTATION/COMMUNICATION The Chief Building Official, the Tillsonburg Rowing Club and the Lake Lisgar Revitalization Committee were asked for their opinion on the storage container near Summer Place. FINANCIAL IMPACT There is no impact on the 2015 budget. This project will be reviewed during the 2016 budget deliberations. The Tillsonburg Sea Scouts have very limited ability to assist with the costs but may be able to secure donations of supplies or labour from community groups. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 151 of 246 Report Title Proposed Gibson House Boathouse and Deck Report No. RCP 17-45 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date October 23, 2017 Attachments Design Sketch from Delegation Request Page 1 / 3 11565934110,,,RCP 17-45 - Proposed Gibson House and Deck RECOMMENDATION THAT Report RCP 17-45 – Proposed Gibson House Boathouse and Deck be received for information. EXECUTIVE SUMMARY In March, the Tillsonburg Scout Association sought permission and financial support from Council to build a boathouse and deck on the back of Gibson House. Council requested a follow-up report from staff. BACKGROUND At the Council meeting of March 13, 2017, a delegation from the Tillsonburg Scout Association presented a design sketch to Council and requested permission to construct a boathouse on the back of Gibson House. The boathouse would not be available for public use, but would be exclusive to the Scout programs and the model sailboat club. The design included a flat roof that would be able to be used as an outdoor patio or deck when accessed from the Gibson House. At that meeting, Council adopted the following resolution: Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the presentation regarding the Gibson House Deck as information; AND THAT the matter, be referred to staff for review and bring back a report and recommendations as soon as possible. After receiving that direction, Town staff asked for comment from advisory committees and groups with a vested interest like the Lake Lisgar Revitalization Committee. Feedback received is noted in the Consultation/Communication section below. In addition, staff consulted informally with experts about the viability of the proposed approach from a structural and design perspective. The results of those conversations leads staff to the conclusions that: a) A foundation based on screw-pilings can be a viable approach to this type of shoreline construction for a boathouse; b) Given the appropriate engineering design and construction, screw pilings can also be robust enough to support an elevated deck structure, however that level of design was not provided by the sketch and would add considerable cost to the project; c) Further investigation of the stability and structure of Gibson House itself would be required before an definitive answer could be given about what structural work would be required to establish an elevated exterior door accessing the rear deck; d) An architect should be required as part of the design team on a project of this size and scope, especially given the public use of the facility; Page 152 of 246 Page 2 / 3 11565934110,,,RCP 17-45 - Proposed Gibson House and Deck e) Access from shore to the boathouse dock would need to be considered in terms of whether it would be designed for public access or not. It is highly likely that non Scout users would try to access the dock area. To summarize the feedback, staff agree with stakeholders and experts that the concept has merit and the approach is viable. However the significant up-front costs to secure the appropriate architectural and engineering design, as well as the additional construction costs that will result from using materials that meet the need to ensure public safety appear to put the project financially out of reach of the proponents. Staff agree with the Tillsonburg Scout Association that having boat storage at water level on the lake makes the Sea Scout Program as well as the activities of the Lake Lisgar Sailors RC Club more viable. Staff also agree that the concept is sound from a use, aesthetic and public benefit point of view. From the staff perspective, the biggest barrier to the implementation is financial. If the desired outcome is a boathouse and a deck behind Gibson House, the considerable resources that would be required to deliver on expectations and meet safety requirements are not a priority for the Town at this time. If the boathouse were to be built for Scout and Sailor use only, and without the rooftop deck element, it may be a much more viable project for all concerned. Staff recommends that Council either a) reject the idea of a boathouse or b) ask the Scout Association to develop a full construction design and financing plan for building a boathouse without a rooftop deck. If the Scout Association is looking for financial assistance from the Town, the design and plan can be presented during the 2018 budget process. CONSULTATION/COMMUNICATION RCP staff consulted with Building & Planning Staff with respect to the permits and drawings that would be required in this instance. This type and size of building would require a full set of architectural and engineering drawings as well as a site plan in order to obtain a building permit. RCP staff also consulted with the Lake Lisgar Revitalization Committee and was advised that the LLRC has no objection to the conceptual plan as presented. The Memorial Park Revitalization Project Subcommittee reviewed the concept drawings. The concept is in line with the original Conceptual Master Plan and has been retained in the current version. While no formal response was provided, some feedback included the suggestion that the shape of the dock be rectangular not triangular, and that any access from shore be properly secured and safe. In addition, comments were made that the visual impact of the boathouse needs to be carefully considered given the high-profile location. FINANCIAL IMPACT/FUNDING SOURCE No Town funds have been expended to date on this project. At the time of the initial request, the Tillsonburg Scout Association was asking for financial support of $8,000-$12,000 from the Town to supplement the approximately $15,000-$18,000 in fundraising and donations that the organization had assembled. This support was for construction costs of the boathouse itself and did not reflect any costs associated with making the roof deck accessible from Gibson House. The proposed project budget is in line with construction and design of a privately owned boathouse, but is very inadequate for a public facility involving high-visibility elevated public space over water. It is reasonable to consider a starting point for an appropriate project budget of that sort to be much higher than the less than $30,000 initially proposed. A complete project Page 153 of 246 Page 3 / 3 11565934110,,,RCP 17-45 - Proposed Gibson House and Deck scope and budget would have to be determined in order to evaluate the actual cost. The alternative without a deck element may have a more manageable budget. 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 Page 154 of 246 Gibson House & Lake Lisgar The Current Context Gibson House is an accessible, sea- sonally usable brick structure used for storage in the basement and small meetings. Built to serve as a pump- house, the building has an extremely thick concrete foundation and a brick exterior. There is only one entrance. The building envelope was rehabilitated in 2014. The picnic area and docks adjacent to Gibson House get used daily by dozens of people of all ages. The site is high profi le due to its location on one of Tillsonburg’s main east-west arterial connections. It is used to access the water for fi shing, RC boating, kayaking & canoeing, ice fi shing and just watching. The Vision Gibson House is a pleasant and accessible public space where families can enjoy a picnic beside the lake, or where small meetings or private functions can be held. Indoors, exhibits developed and curated as part of and an extension to the Tillsonburg Museum hold memorabilia and interpretive signage that showcase the Gibson family and their contribution to Tillsonburg’s development, the Tillsonburg Shoe Company, the history of the lake and its environs, Scouting in Tillsonburg and Camp Jackson. Outdoor, there is an elevated outdoor viewing area accessible through the building. There is a series of fl oating and fi xed docks and walkways that help preserve shorelines while giving access to the lake for fi shing, RC boating, and enthusiasts who enjoy being outside. Interpretive signage helps educate passersby about the ecosystem of the lake and the efforts to keep it healthy. Under the elevated deck is secure, water-level storage for non-powered watercraft and equipment used by Scouts and others. Used as a focus for activity during community events like Canada Day, Turtlefest, Family Day and others, Gibson House is an integral part of the cultural and historic fabric of Tillsonburg. Sustainable and off-grid technology is used to demonstrate its application and support building functions. A well-resourced trust fund created from donations, fundraising and bequests generates annual income that supports the maintenance and operations of the facility. The Opportunity As envisioned in the Master Plan for Memorial Park and Lake Lisgar, the Gibson House site can be revitalized and enhanced in line with the vision described above. Working with community leaders and generous supporters of Scouting and the Town, a campaign to realize the vision of Gibson House as an integral, well-used and appreciated part of Tillsonburg’s community fabric could secure the necessary fi nancial resources, design documents and community support. Contact Rick Cox Director, Recreation, Parks & Culture 519.688.3009 x 4228 rcox@tillsonburg.ca www.tillsonburg.ca Page 155 of 246 prev= ATTENDANCE Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Councillor Jim Hayes, Kirby Heckford (Arrived 8:39 AM), Mayor Stephen Molnar, Lindsay Morgan, Ashton Nembhard (Left 8:30 AM), Steve Spanjers, Randy Thornton (Left 8:30 AM) Staff Present: Cephas Panschow, Laura Pickersgill (Arrived 8:30 AM) MEMBERS ABSENT/REGRETS Andrew Burns, Mel Getty, Cedric Tomico, John Veldman 1. Call to Order The meeting was called to order at 7:30 AM. 2. Adoption of Agenda Moved By: D. Gilvesy Seconded By: S. Spanjers Resolution # 1 THAT the Agenda for the Development Committee meeting of June 12, 2018 be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof – None Declared 4. Adoption of Minutes of Previous Meeting – May 8, 2018 Moved By: L. Gilvesy Seconded By: D. Gilvesy Resolution # 2 THAT the Minutes of the Development Committee Meeting of May 8, 2018 be approved. Carried 4.1. Business Arising from the Minutes – Committee Terms of Reference – Committee is satisfied with this version of the terms of reference, but consensus was that it should be left to the next committee to review and approve. 5. Delegations and Presentations 6. Information Items 6.1. Community Strategic Plan The Corporation of the Town of Tillsonburg Development Committee June 12, 2018 7:30 AM Boardroom, Customer Service Centre 10 Lisgar Ave, Tillsonburg MINUTES Page 156 of 246 Development Committee Meeting Minutes (June 12, 2018) - 2 - L. Pickersgill reviewed Report CL 18-15 provided to Council at their May 14, 2018 meeting. Significant progress has been made with additional initiatives underway. Questions: - Why was the Cultural Improvement Alliance discontinued? Council decision. Share information on the accessibility award. Christmas Crawl – These have been great events and committee encouraged BIA to continue the event. A Community Town Hall is planned for 7:30 PM on July 5 in the Marwood Lounge. Will include opportunity for questions and input into the plan. 6.2. Tillsonburg Hydro Inc – Annual General Meeting is scheduled for 12 noon on June 26 where an updated Memorandum of Understanding and Direction (MOUD) will be considered. The board of directors will also be appointed. 6.3. Town Hall Task Force – A potential development site has been identified on a preliminary basis and information is being gathered. Staff and Colliers Project Leaders working to update the financial options and space review. An update to Council is being planned for the June 25 meeting. 7. General Business & Reports 7.1. Monthly Project Update 253 Broadway – Some delay due to Bell make ready work that is required. Parking Study – Internal meeting to be scheduled Hwy 3 Business Park – Final submission made to MTO. Tender released May 25 with deadline of June 14. Post-Secondary Education Enhancement – Working with community stakeholders to explore options. TVT has closed down due to challenges in the market place and foreign competition. Their property has already been sold. There is strong interest in the 1 Clearview Dr property and staff is hopeful that there will be news shortly. 7.2. Future Industrial Growth Discussion – Reviewed potential future industrial development areas including Future Urban Growth areas. Challenges with many of these lands. General consensus to focus on lands where servicing is available or planned (BT). Add this item to monthly project list. 7.3. Highway 3 Business Park – Funding and Pricing Report Development Commissioner provided an overview of the funding plan including cost challenges and market prices. Staff is looking at ways to mitigate costs including cost Page 157 of 246 Development Committee Meeting Minutes (June 12, 2018) - 3 - re-allocation, cost sharing with property owners, and external sources of funding. Committee suggested: o Include a projection of future tax revenue o Provide information on industrial land prices in other municipalities including Aylmer, Ingersoll, Norwich, Simcoe, Woodstock, etc. o What is the opportunity cost of selling land at a price in the future versus a price now o What are current costs of raw land? o What work needs to be done now and what can be deferred or completed concurrently with development. Committee supported moving forward with a cost-sharing agreement and continuing to work to secure an agreement with a company and submit a funding application. 8. Committee Minutes & Reports 8.1. Tillsonburg District Chamber of Commerce – Awards Gala was excellent. 8.2. Downtown Business Improvement Association Email update provided: - Sidewalk days have been set for Aug 23-25th - New Canada banners have been ordered and should be delivered in time to be hung right after Turtlefest. - EBB signs are in desperate need of restoration and BIA is obtaining pricing to possibly replace the digital portion and repair the rest and improve lighting. - Still in discussions with the town in regards to the street lighting and ensuring that during the LED retrofit that we maintain a heritage theme. - FIP committee meeting was had with many new members brought up to speed. No New applications in place yet for this most recent submission. A rear facade program is to be developed further. 8.3. Tillsonburg District Real Estate Board – Per monthly report most metrics are down significantly including average monthly price, which was down 9% from May 2017. Year to date average sale price is still up 6%. The new regulations approved in the fall are having an impact. Question as to why more out of town real estate brokerages have listings in Town. May be due to changes in how data is shared between boards, which allows for more competition. 8.4. Physician Recruitment – One physician application is pending. 9. Correspondence – None Page 158 of 246 Development Committee Meeting Minutes (June 12, 2018) - 4 - 10. Other Business 10.1. Roundtable T-GO Transit service has received some proposals for expanding service. SCOR is leading regional coordination efforts. Suggestion to have signs placed in prominent locations to help support service. 11. Closed Session - None 12. Next Meeting The next meeting of the Development Committee is scheduled for 7:30 AM on Tuesday, July 10, 2018. 13. Adjournment Moved By: L. Gilvesy Seconded By: L. Morgan Proposed Resolution 3 The meeting adjourned at 9:30 AM. Carried Page 159 of 246 Tu= ATTENDANCE Mel Getty Mike Cerna Don Baxter Chris Rosehart Donna Scanlan James Payne Janet McCurdy Susie Wray Margaret Puhr, Secretary Guest: Donna Wilson, Clerk MEMBERS ABSENT/REGRETS Craig Cole, Bob McCormick, Stephen Molnar 1. Call to Order The meeting was called to order at 6:25pm 2. Adoption of Agenda Moved By: Don Baxter Seconded By: Susie Wray Resolution #1 THAT the Agenda as prepared for the Parks and Recreation Advisory Committee meeting of July 3, 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 June 19, 2018 The Corporation of the Town of Tillsonburg Parks & Recreation Advisory Committee Tuesday June 19, 2018 7:30am Rotary Room 45 Hardy Ave MINUTES Page 160 of 246 Parks & Recreation Advisory Committee Meeting Minutes - 2 - Moved By: Don Baxter Seconded By: Donna Scanlan Resolution #2 THAT the Minutes of the Parks and Recreation Committee Meeting of June 19, 2018 be approved. Carried 5. Delegations and Presentations Moved by: James Payne Seconded by: Stephen Molnar Resolution #4 THAT the Parks & Recreation Advisory Committee request applicant prepare further multiple design presentation detailing façade improvements and site beautification for review and approval of the committee prior to July 9. Carried. 6. General Business & Reports 6.1. Potential Sea Scouts storage container review: Resolution #3 Moved by: Mike Cerna Seconded by: James Payne THAT the Parks & Recreation Advisory Committee support an accessory container structure abutting the Rowing Club building, complete with façade and site improvement as per materials provided to the committee. Carried. 6.2. Committee goals: Donna Wilson spoke of proposal from Clerk’s office to change some of the committees’ structure for the next term. Proposed changes: - Memorial Park Revitalization committee to become a committee of Council - Parks part of the Parks & Rec Advisory to move to the Beautification committee - Heritage part from the Beautification to move to Museum Advisory committee - Parks & Rec Advisory committee to focus more on programming, Parks & Recreation Master Plan, fee assisted programs such as FARE which are struggling with funding, recreational programs advisory, user groups and special events. Page 161 of 246 Parks & Recreation Advisory Committee Meeting Minutes - 3 - The committee members are asked to review the proposed Terms of Reference and make any changes and additions they feel should be included and send these to Janet McCurdy (Jmccurdy@tillsonburg.ca) in the next two weeks. 6.3. Program update: water park opened on July 1 with attendance of around 350, the summer camp started today. 7. Correspondence - None 8. Other Business – 8.1. Round Table 9. Closed Session 9.1. - None 10. Next Meeting The next meeting of the Parks & Rec Advisory Committee will be on Tuesday, September 11 at 7:30am in the Marwood Lounge. 11. Adjournment Moved By: Don Baxter Resolution #6 THAT the Parks & Rec Advisory Committee Meeting of July 3, 2018 be adjourned at 7:50pm. Page 162 of 246 Page 163 of 246 Page 164 of 246 Page 165 of 246 Page 166 of 246 Page 167 of 246 TILLSONBURG BUSINESS IMPROVEMENT AREA BOARD MEETING MINUTES Tillsonburg BIA Office Wednesday June 27th , 2018 - 7 pm 1. CALL TO ORDER The meeting was called to order by Chair, K. Miggens at 7:07 p.m. Present: C. Tomico, K. Miggens, M. Rosehart, M. Tedesco, Councillor P. Esseltine, D. Rasokas, J. Scott Non Voting: C. Panschow, Town Liaison Regrets: W. Cameron, Absent: K.West 2. ADOPTION OF AGENDA Moved by: J. Scott Seconded by: P. Esseltine AND RESOLVED THAT THE AGENDA OF June 27th, 2018 be accepted with the addition of 5. C) Concillor P. Esseltine – Norfolk mall update “Carried” 3. ADOPTION OF MINUTES Moved by: D. Rasokas Seconded by: M. Tedesco AND RESOLVED THAT THE MINUTES of the April 18th, 2018 be accepted “Carried” Business Arising from the minutes: - D. Rasokas reported he reached out to the grant company in regards to the EBB Signage lights. They were hoping to have more clients to see before they make the trip. -K. Miggens reported that we have a phone plan through the town for $20.25. 4. Treasurer's Report -D. Rasokas reported that D. Beres is doing a fantastic job and that all the accountants journal entries have been caught up. Reallocation of certain line items are required. -K. Miggens also reported that we need to reallocate some lines (particularly the HST Expense) which is over estimated. A fairly lengthy conversation was had in regards to what amount was to be moved and why move anything what so ever. In the end it was decided to leave everything the way it was and ensure that moving forward our budget be created more in line with the actuals from the year before. Page 168 of 246 5. Committee Reports A) Beautifications -C. Tomico reported that the Canada Day Banners were installed today by Classic Displays in an effort to “regain” our trust do to all the mishaps. -C. Tomico also presented the pricing for new LED signs for the EBB's. $28,000 for 16mm resolution displays and $34,000 from Brooks signs or $20,000 or $24,000 from Absolute Technology. B) Marketing & Promotions -Nothing C) By Law & Zoning Norfolk Mall Update P. Esseltine spoke about report No: CP 2018-143 (See report attached) 6. Other Business A) FIP Update -no report. B) Chamber of Commerce Update -With no update being given for again another month and with some feedback from The Chamber it was discussed that we appoint a new person from the board to be the representative. -The Chair will have a conversation with the current appointee and see what the intentions are moving forward. 7. New Business A) Tillsonburg Streetlight Conversion -K. Miggens spoke extensively about this program and the difference in pricing between the Tear drop and the Coach Lantern styles which is laid out in the document presented (See attached Document). -We would be looking at replacing 70 fixtures down the main Broadway/Oxford and side streets east to Harvey and West to Bidwell at a quoted price of $162,123.35. -Three poles would be removed from one side only on Brock st East and Brock st West. Page 169 of 246 MOTION: Moved by: M. Rosehart Seconded by: M. Tedesco AND RESOLVED THAT We proceed with the financing/debenture of the downtown streetlight LED conversion with 70 new fixtures being Tear Drop design with shields where necessary, subject to negotiations regarding fixture cost and light temperature. CARRIED 8. Roundtable K. Miggens Nothing C. Tomico Nothing M. Rosehart Nothing M. Tedesco Nothing D. Rasokas Attendance is an issue and letter should be sent to K. West P. Esseltine Nothing 9. Next Meeting - Wednesday July 18, 2018 at 7:00pm Motion to adjourn: 9:29pm D. Rasokas Page 170 of 246 TILLSONBURG BUSINESS IMPROVEMENT AREA BOARD MEETING MINUTES Tillsonburg BIA Office Wednesday July 18th, 2018 - 7 pm 1. CALL TO ORDER The meeting was called to order by Chair, K. Miggens at 7:09 p.m. Present: C. Tomico, K. Miggens, M. Rosehart, M. Tedesco, Councillor P. Esseltine, Regrets: W. Cameron, D. Rasokas, J.Scott Absent: K.West, C. Pepper – Town Liason 2. ADOPTION OF AGENDA Moved by: P. Esseltine Seconded by: M. Rosehart AND RESOLVED THAT THE AGENDA OF July 18th, 2018 be accepted “Carried” 3. ADOPTION OF MINUTES Moved by: M. Tedesco Seconded by: M. Rosehart AND RESOLVED THAT THE MINUTES of the June 27th, 2018 be accepted “Carried” Business Arising from the minutes: - K. Miggens reported that a letter has been hand delivered to the office of K. West regarding her attendance 4. Treasurer's Report - The financials are in good order. This is mainly due to the savings from the executive director role. We will have to discuss the cost of this position and what it will take to get the right person for the role. 5. Committee Reports A) Beautifications -C. Tomico reported that D. Rasokas had been in touch needing the lighting quotes on the EBB so as to follow through on whether grant dollars are available Page 171 of 246 B) Marketing & Promotions -K. Miggens has submitted the application for sidewalk usage to do with Sidewalk Sales coming up on August 23rd - 25th C) By Law & Zoning -None 6. Other Business A) FIP Update -K. Miggens reported that J. Berzins has for sure double invoiced us on the 27/25/21 Brock St. East in the amount of $960.50 That being said we have 4 new invoices that happen to add up to the same amount for 91 Broadway and 27/29 Brock St West. The board was in consensus that the 2nd wave of invoices not be paid to make up for the dbl billing that has occurred. -It was suggested by the board that we reign this in and ensure that J. Berzins instructions to provide drawings should only come from the BIA rather that he soliciting his own potential projects. -K. Miggens and W. Cameron are to meet with him in person and inform him that he is not getting paid and he is no longer to do any drawings without written consent from the BIA. -The consensus of the board is that we call a meeting with the FIP committee and revisit the entire program and how it is run. B) Chamber of Commerce Update -Chamber of Commerce report is in regards to increasing membership in the chamber. There are a number of benefits for businesses to join, and some new and interesting ones that could benefit retail businesses. Contact D. Rasokas or Suzanne Renken for details. 7. New Business A) Tillsonburg Streetlight Conversion -K. Miggens reported that price per fixture has been reduced to $2,095.53/ea. by removing the photocell, rewiring and installation costs (i.e. BIA additional cost limited to material cost of Tear Drop fixture and associated arm only) since this work was going to be completed by the Town regardless of fixture type/style. -Photometric analysis confirms that three lights along the south side of Brock St. E. can be removed as well as the three lights along the south side of Brock St. W. as requested. A map was circulated and will be attached with minutes. -Due to a combination of pole type and presence of overhead hydro infrastructure the streetlight fixtures along Bridge St. W. and in the parking area is limited to the cobra head style fixture and associated arms which aligns with our discussion last week. Page 172 of 246 -Colour Temperature of the Tear Drop fixture is consistent with the rest of the Town LED conversion at 4000K -The back side shields, if required, are a small insert that fits directly within the perimeter of the LED fixture itself (i.e. no exterior guard/shield would be visible) -M. Rosehart shared his concern of not having an extra light or two should there be an accident with a pole and one be damaged. -K. Miggens indicated that the Town of Tillsonburg has entered into a value added contract with Erth to maintain the lights within the town. MOTION: Moved by: P. Esseltine Seconded by: C. Tomico AND RESOLVED THAT the BIA request an upgrade in the Town of Tillsonburg contract to replace streetlights to allow for 70 Tear Drop design lights to be installed in the downtown at an additional cost of $2,095.53 per light; AND THAT the BIA request the Town of Tillsonburg apply $31,686.75 of the AMO Main Street grant to this project; AND FURTHER THAT the BIA request the Town of Tillsonburg secure debt for $115,000 to be repaid over 10 years by the BIA. CARRIED 8. Roundtable P. Esseltine Brought up the constitution in regards to E/D position, and she would like to see the roles and responsibilities once they are written by the Executive. She has agreed to work with the exec to get the ball rolling on this. K. Miggens Meetings for Summer, decided to keep August Meeting C. Tomico Development Committee update should added to Agendas M. Rosehart Nothing M. Tedesco Nothing 9. Next Meeting - Wednesday Aug 15th, 2018 at 7:00pm Motion to adjourn: 8:30pm M. Rosehart Page 173 of 246 Cobra Head Fixtures along Bridge St. W. and within Parking area Add 12 Tear Drop Fixtures on west side of Broadway to Bidwell St. Add 7 Tear Drop Fixtures on east side of Broadway to Harvey St. Remove 3 lights along Brock St. E. Remove 3 lights along Brock St. W. Total of 70 new Tear Drop Fixtures Page 174 of 246 Page 175 of 246 Page 176 of 246 Page 177 of 246 Page 178 of 246 Report Title Update – CAO Performance Appraisal Report No. MYR 18-06 Author Mayor Molnar (Review Committee) Meeting Type Council Meeting Council Date August 13, 2018 Attachments Page 1 / 2 10375369659,,,MYR 18-06 CAO Performance RECOMMENDATION THAT Council receives Report MYR 18-06; AND THAT Council endorses the recommendations for the identified Goals and Objectives and recommended Remuneration; AND THAT the work of the Review Committee be considered complete and that the Committee be disbanded. EXECUTIVE SUMMARY The purpose of this report is to provide updated information regarding the CAO Performance Evaluation Process as approved by Council. As directed by Council Resolution (Report MYR 18-03) of May 14, 2018, a CAO Performance Review Committee was established. Composition of this Committee included Mayor Molnar, Deputy Mayor Beres and Councillor Stephenson. The Committee has met on numerous occasions and in consultation with all members of Council have collectively prepared this report and its’ accompanying recommendation for review and consideration. INFORMATION The recommended process, as agreed to by the Committee, is as follows; Review the Objectives (and themes) as communicated by the CAO in 2017. Review the performance of the CAO in 2017 in relation to Council direction and CAO initiatives. In conjunction with the CAO and with input from Council members, the Committee will develop Goals and Objectives for 2018. Establish the measurement criteria for the defined Goals and Objectives for 2018. The Committee has tabulated the results of the responses from individual Council members and prepared a supplemental report highlighting the following; Page 179 of 246 Page 2 / 2 CAO o Summary sheet illustrating a tabulated summary of Council input. o Identification of Committee consensus on Council directed 2018 Goals and Objectives for the CAO. In consideration of all the information collected and reviewed, the Committee is pleased to recommend to Council the following; o Recommendation to Council regarding the 2018 Goals and Objectives; o Recommendation(s) for CAO compensation on a yearly basis. COUNCIL DIRECTION Supplemental to the earlier input from individual Council members, the Committee has met to review and tabulate the information. The material in this report, and the subsequent recommendations, is an attempt for the Committee to present a substantive report representative of the consensus of individual Council input. Subsequent to any adoption by Council, the entire report will be introduced to the CAO’s employee file and all recommendations adopted shall be implemented. Page 180 of 246 Report Title Offer to Purchase – 1 Parkside Dr Report No. Report DCS 18-31 Author Cephas Panschow Meeting Type Council Meeting Council Date August 13, 2018 Attachments Offer to Purchase Page 1 / 3 11502799193,,,Report DCS 18-32 Offer to Purchase - 1 Parkside Dr RECOMMENDATION THAT Council receive Report DCS 18-31 Offer to Purchase – 1 Parkside Dr; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to transfer the property known 1 Parkside Drive, and more particularly described as Lot 715L, Plan 500. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to sell the 1 Parkside Dr property to Tillsonburg Properties for Community Living (TPCL). The offer has been made at a proposed price of $1,000 and with any additional costs being the responsibility of TPCL. BACKGROUND The 1 Parkside Drive property is owned by the Town and is located at the southeast corner of Glendale Drive and Parkside Drive. The Town was approached by Tillsonburg Properties for Community Living in 2015 as they were interested in acquiring the property to address a number of site issues including the lack of legal access to the property, to allow for the installation of a needed retaining wall and their need to increase parking spaces. The property was declared surplus as per Report DCS 16-14 on March 29, 2016 and Council considered an offer from Tillsonburg Properties for Community Living at their September 12, 2016 Council meeting (as per Report DCS 16-29). The Town has now received another Offer to Purchase at a value of $1,000 with the Buyer agreeing to cover any legal/surveying costs that may arise. Staff believe that this new offer better meets Council’s objectives for land sales and are recommending that Council move forward with the transaction. Page 181 of 246 Page 2 / 3 CAO Subject Property – 1 Parkside Dr The property contains a portion of the driveway and retaining wall required to access the adjacent property. If approved, the transfer is scheduled to close on September 10, 2018, which will enable TPCL to conduct their property enhancements this year. The Buyer has agreed to provide a road widening up to five (5) metres if needed by the Town and agrees to be responsible for any legal expenses and survey costs related to the transfer of the property up to $5,000. Staff believes that this upset limit is sufficient to cover the legal and survey costs related to the transaction. CONSULTATION/COMMUNICATION In accordance with the Town’s Surplus Lands Bylaw 3549, notice of the Town’s intent to declare these lands surplus has been made on the Town’s website, through a sign placed on the property and notices in the Tillsonburg News on April 22, 2016 and April 27, 2016. The notice had a deadline of May 2, 2016 and with only TPCL registering interest by this date. All of the requirements to declare the property surplus have been met with the exception of the bylaw being passed. It is staff’s intention to bring that bylaw forward jointly with the offer to purchase should the Town proceed in that manner. Page 182 of 246 Page 3 / 3 CAO Other Town Departments and External agencies were circulated with their comments being addressed in the offer under consideration. FINANCIAL IMPACT/FUNDING SOURCE While the proposed sale price of $1,000 would only generate nominal revenue for the Town, the Town may want to consider supporting an important community partner in this regard. The Buyer has agreed to cover costs relating to the transaction, including legal and surveying. COMMUNITY STRATEGIC PLAN (CSP) IMPACT While there is no specific area within the Community Strategic Plan that this relates to, supporting the recommendation will help a valued community partner mitigate site access and maintenance issues and build goodwill with them. Page 183 of 246 Page 184 of 246 Page 185 of 246 Page 186 of 246 Page 187 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4213 BEING A BY-LAW to adopt the Winter Maintenance Level of Service Policy; WHEREAS Section 270 (1) of the Municipal Act, 2001, states that a municipality shall adopt and maintain policies and such policies will be adopted to ensure that it is accountable to the public for its actions, and shall be the manner in which the municipality will try to ensure that its actions are transparent to the public; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Winter Maintenance Level of Service Policy. THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Winter Maintenance Level of Service Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 13th DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF AUGUST, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 188 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Approval Date: Aug. 2018 Revision Date: - - Page 1 / 16 Winter Maintenance Level of Service Policy A. Policy Statement The Town of Tillsonburg will endeavour to provide safe, reliable, efficient, and environmentally responsible winter maintenance service within the Town of Tillsonburg in accordance with its approved level of service policies and accepted standards. This Policy sets out the level of service Council has adopted for winter maintenance of roadways, bicycle lanes, sidewalks, and municipal parking lots which it has determined to be an appropriate level of service. The policy recognizes that operational decisions will need to be made based on local conditions in the field depending upon the extent and severity of a winter storm event, and as a result, there may need to be some reasonable deviations from this Policy. At a minimum, the Town will adhere to the Minimum Maintenance Standards for Municipal Highways (MMS) as prescribed by the Ontario Ministry of Transportation under Regulation 239/02, as amended from time to time. All other regulatory requirements will also be met, including but not necessarily limited to those set out in the Occupational Health and Safety Act (OHSA) and the Highway Traffic Act (HTA). B. Purpose To designate responsibility for, and to establish service priority levels as it relates to winter control activities specifically snow clearing, ice control and snow removal operations for specified infrastructure within the Town of Tillsonburg boundaries. C. Responsibility The responsibility for ensuring snow clearing, ice control and snow removal from the Town's infrastructure of roadways, bicycle lanes, sidewalks, and municipal parking lots rests entirely with the Public Works Division. D. Scope This document is intended to provide a guideline for Council, Staff and the general public to educate and inform as to the level of service for the various winter maintenance activities and to define winter maintenance levels of service for roadways, bicycle lanes, sidewalks, and municipal parking lots. These levels of service include the following activities of plowing, salting/sanding, winter road patrol, weather monitoring, and snow removal. The amount of Town owned equipment and personnel to provide this level of service is funded through the Town’s tax base and may be reviewed annually through the budget process and/or may be amended by Council from time to time. The Town will endeavour to use all available Town resources to meet the level of service defined within this Policy subject to functioning equipment and staff availability due to illness or hours of work legislation. Page 189 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 2 / 16 Winter Maintenance Level of Service Policy E. Policy In this Policy the Town of Tillsonburg’s “Winter Maintenance Season” means the continuous period of time between the fifteenth (15th) day of November and the first (1st) day of April of the following year. The Town shall also attend to winter events that occur prior to November 15th and after April 1st if conditions warrant. Town Council acknowledges that the level of service provided outside the Winter Maintenance Season will be at a lower level than during the Winter Maintenance Season as the full complement of fleet and equipment may not be ready to respond prior to November 15th or some of the fleet of equipment may be decommissioned after April 1st. The Winter Maintenance Level of Service Policy is based on the assumption that not all infrastructure needs to be maintained at the same level of service, but depends on its role in the total transportation network and on other various services the Town provides, whether they be emergency or non- emergency. To simplify the determination of levels of service, the various infrastructure components have been designated to specific classes and priorities. These are fully explained within this Policy. By-Laws Applicable By-laws passed for the purposes of supporting snow and ice control efforts and other related By-laws which could be enforced during all out emergencies are listed below: • Snow, Ice, Dirt and Litter Removal Bylaw No.2189 • Traffic and Parking Bylaw No. 3701 On Street Parking Parking is prohibited on all streets during the months and times specified in the Traffic and Parking Bylaw. Property Damage During the course of operations throughout any given winter season, a certain amount of damage to Town and private property may be incurred by snow clearing forces. In the event that significant sod damage is sustained it will be restored by the Public Works Division using topsoil and seed at the earliest availability of material (usually May), conditional upon the severity and extent of sod damage and the prevailing weather conditions. Any sod damage sustained due to salt inadvertently splashed onto a boulevard or lawn during the course of the winter will not be treated or repaired by the Town. If a Town vehicle/plow damages a mailbox, either through direct contact or due to the force of the snow rolling off the plow, the mailbox will be repaired or replaced by Public Works personnel with a standard type mailbox as established by the Public Works Division. The Town will not replace decorative mailboxes. A property owner who installs decorative materials, retaining walls, irrigation sprinklers or other like structures on the Town right-of-way does so at their own risk. Driveway Entrance Clearing It can be expected that snow will be plowed into driveways as a normal part of roadway and sidewalk snow clearing operations. Owners of properties which the driveways service will be responsible for removal of the snow deposited in those entrances by Town snow clearing operations. Under no circumstance are owners or their contractors allowed to deposit snow from driveways onto the travelling portion of the Town roadways as per Section 181 of the Highway Traffic Act. Page 190 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 3 / 16 Winter Maintenance Level of Service Policy Assistance to Private Property Under no circumstances will a Town employee be allowed to use a Town owned vehicle to push, pull, or tow a stranded private vehicle from a roadway or parking lot. The employee may, if a hazard exists, use the two-way radio to notify the Customer Service Centre of the hazardous condition. Likewise, under no circumstances, will a Town employee use a Town owned vehicle to perform any snow removal or ice control operation on private or commercial property and the employee will not be allowed to use personal equipment during working hours. Weather Monitoring 1) During the period of time from October 1 to April 30 the weather, both current and forecasted to occur in the next 24 hours, will be monitored by Public Works three times per calendar day. During the period of time from May 1 to September 30 the weather, both current and forecasted to occur in the next 48 hours, will be monitored by Public Works once per calendar day. 2) The Public Works Road Supervisor or designate performing the weather monitoring shall indicate if there is a substantial probability of snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, or in Downtown municipal parking lots prior to signing off. 3) In this Policy, “substantial probability” means a significant likelihood considerably in excess of 51 percent. “weather” means air temperature, wind, and precipitation. Declaration of a Significant Weather Event 1) If the Town declares a significant weather event relating to snow accumulation, ice formation, or icy conditions the Town will monitor the weather as outlined above and if deemed practicable by the Town, deploy resources to address snow accumulation and/or icy conditions on roadways, bicycle lanes, sidewalks and Downtown municipal parking lots starting from the time that the Town deems appropriate to do so. 2) If the Town complies with subsection (1), all roadways, bicycle lanes, sidewalks and Downtown municipal parking lots are deemed to be in a state of repair with respect to snow accumulation, ice formation, or icy conditions until the applicable service level timeframes set out in this Policy expire following the declaration of the end of the significant weather event by the Town. 3) Following the end of the weather hazard in respect of which a significant weather event that was declared by the Town, the Town shall declare the end of the significant weather event when the Town determines it is appropriate to do so and address snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, and Downtown municipal parking lots in accordance with the respective levels of service defined within this Policy. 4) If the Town declares the beginning of a significant weather event or declares the end of a significant weather event the Town shall issue a media release and post such notice on the Town website and on social media. 5) The responsibility for the declaration of or for the cancelling of a significant weather event is by the Manager of Public Works or his/her designate. Page 191 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 4 / 16 Winter Maintenance Level of Service Policy 6) In this Policy, “significant weather event” means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within a municipality. “weather hazard” means the weather hazards determined by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program”. Patrolling 1) If it is determined by the Public Works Road Supervisor or designate, as a result of weather monitoring that there is a substantial probability of snow accumulation, ice formation or, icy conditions on roadways, bicycle lanes, sidewalks, or in Downtown municipal parking lots the Public Works Supervisor, or his/her designate will patrol representative roadways, bicycle lanes, sidewalks and Downtown municipal parking lots at intervals deemed necessary by the Public Works Road Supervisor or designate. 2) Patrolling of a roadway or Downtown municipal parking lot consists of observing and documenting the roadway or municipal parking lot conditions by driving on the roadway or municipal parking lot by the Public Works Road Supervisor or designate. 3) Patrolling of a sidewalk or bicycle lane consist of visually observing and documenting the sidewalk or bicycle lane conditions by driving by the sidewalk or bicycle lane on the adjacent roadway by the Public Works Road Supervisor or designate. 4) The Public Works Road Supervisor or designate will document the respective conditions throughout the patrol including either an actual measurement or visual estimate of snow accumulation depth on the roadway, bicycle lane, sidewalk, or in Downtown municipal parking lots, the staff and equipment deployed to address the snow accumulation, ice formation, or icy conditions on the roadway, bicycle lane, sidewalk, or in Downtown municipal parking lots, and the time deployed. 5) Where there is no substantial probability of snow accumulation, ice formation or icy conditions, patrolling will be completed in accordance with Table 1 to check for conditions described in the Minimum Maintenance Standards O.Reg. 239/02. Table 1 – Patrolling Frequency Class of Highway Patrolling Frequency 1 N/A 2 2 times every 7 days 3 once every 7 days 4 once every 14 days 5 once every 30 days 6 once every 45 days Page 192 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 5 / 16 Winter Maintenance Level of Service Policy ROADWAYS CLASS DESIGNATION As per the Classification of Highways Table in Ontario Regulation 239/02, Roadways have been divided into 6 Classes based on Average Daily Traffic (ADT) and speed limit to determine their priority for patrolling, snow clearing and ice control. No roadway section will be classified at a lower classification than that specified in the Highway Classification Table in O. Reg. 239/02. Class 1 There are presently no Class 1 roadways within the Town of Tillsonburg. Class 2 Are roadways which carry large volumes of traffic to and through the Town. These roadways are identified as Provincial Highways in the Official Plan that make up the Connecting Link within the Town of Tillsonburg. Class 3 Are roadways which carry medium volumes of traffic through, and local traffic within the Town. These Class 3 roadways are identified as a combination of Arterial and Collector roads in the Official Plan. Class 4 Are roadways which carry low volumes of local traffic to and from a specific address including any roadway that schools or hospitals are located on, have main driveway entrance onto, or connect the street that the school or hospital fronts on to the closest arterial or collector roadway would automatically qualify for this Classification. These Class 4 roadways are identified as Collector and Other roads in the Official Plan. Class 5 Are mainly local roadways that service residential, industrial or commercial addresses depending on the property zoning abutting them and are identified as Other roads in the Official Plan. Class 6 Are all remaining local roadways including many cul-de-sacs and dead ends. These Class 6 roadways may service residential, industrial or commercial addresses depending upon the property zoning abutting them and are identified as Other roads in the Official Plan. LEVEL OF SERVICE Snow Accumulation on Roadways 1) (a) After becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in Table 2, Public Works will deploy available Town resources as soon as practicable to address the snow accumulation. (b) after the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation, so as to reduce the snow to a depth less than or equal to the depth set out in Table 2, in accordance with subsections (2) or (3), as the case may be, within the time set out in the Table 2. Page 193 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 6 / 16 Winter Maintenance Level of Service Policy 2) The snow accumulation must be cleared to provide a minimum lane width of the lesser of three (3) metres or the actual lane width. 3) Despite subsection (2) for a Class 4, Class 5 or Class 6 roadway with two lanes, the snow accumulation on the roadway must be cleared to provide a total width of at least five (5) metres. 4) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in Table 2 the roadway is deemed to be in a state of repair with respect to snow accumulation. 5) This section does not apply to that portion of the roadway designated for parking, consisting of a bicycle lane, or used for snow storage. 6) In this Policy, Addressing snow accumulation includes, but is not limited to plowing, salting, applying abrasive materials or other chemical agents, or any combination of the above methods. “snow accumulation” means the natural accumulation of new fallen snow or wind-blown snow or slush that, alone or together, covers more than half a lane width of a roadway. Table 2 – Snow Accumulation on Roadways Class of Highway Depth Time 1 N/A N/A 2 5.0 cm 6 hours 3 8.0 cm 12 hours 4 8.0 cm 16 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Note: Unless authorized by the Public Works Road Supervisor or designate Class 5 & 6 roadways will be plowed only for individual snowfalls greater than 5 cm, or when accumulated successive snowfall totals reach a 10 cm total. Exception to this total may occur if easily broken snow pack conditions result from a rise in temperature. Ice Formation on Roadways and Icy Roadways 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a roadway determines there is a substantial probability of ice forming on a roadway the Public Works Road Supervisor or designate will deploy available Town resources to treat the roadway, if practicable, to prevent ice formation within the time set out in Table 3, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. Page 194 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 7 / 16 Winter Maintenance Level of Service Policy 2) Despite compliance with subsection (1), should ice form on a roadway the roadway is deemed to be in a state of repair until the applicable time set out in Table 4 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the roadway is icy. 3) Subject to subsection (1) the standard for treating icy roadways is to treat the icy roadway within the time set out in Table 4 and an icy roadway is deemed to be in a state of repair until the applicable time set out in Table 4 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the roadway is icy. 4) In this Policy, Treating a roadway, bicycle lane, sidewalk, or municipal parking lot to address ice formation or icy conditions means the application of material to the roadway, bicycle lane, sidewalk, or municipal parking lot, including but not limited to, salt, sand, abrasive material or other chemical agents, or any combination of the above methods. “ice” means all kinds of ice, however formed. Table 3 – Ice Formation Prevention on Roadways Class of Highway Time 1 N/A 2 8 hours 3 16 hours 4 24 hours 5 24 hours 6 24 hours Table 4 – Treatment of Icy Roadways Class of Highway Completion Time 1 N/A 2 4 hours 3 8 hours 4 12 hours 5 16 hours 6 24 hours Page 195 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 8 / 16 Winter Maintenance Level of Service Policy End of Storm Pavement Surface Condition Public Works will attempt to restore the pavement surface to the condition set out in Table 5 following the end of a winter event. Table 5 – Surface Condition Class of Highway Condition 1 N/A 2 Bare Pavement 3 Bare Pavement 4 Centre Bare 5 Snow Pack 6 Snow Pack Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways will be serviced first. Class 4 – Roadways will be serviced second. Class 5 – Roadways will be serviced third. Class 6 – Roadways will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority roadway classes may be delayed in an attempt to maintain the upper roadway classes at the required service levels for both snow accumulation and ice control. Therefore, Class 6 roadways would be delayed first, followed by Class 5, then Class 4, then Class 3. Class 2 roadways are to be kept open at all times. If this process requires implementation, then a single break through pass will be made through the delayed roadway classes once their maximum allowable roadway snow depth has been reached. Page 196 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 9 / 16 Winter Maintenance Level of Service Policy BICYCLE LANES CLASS DESIGNATION As per Ontario Regulation 239/02, Bicycle Lanes have been classified as the same class as the adjacent roadway or roadway which the bicycle lane is situated upon to determine the priority for snow clearing and ice control. In this Policy a “bicycle lane” means a portion of a roadway that has been designated by pavement markings or signage for the preferential or exclusive use of cyclists, or a portion of roadway that has been designated for the exclusive use of cyclists by signage and a physical or marked buffer. LEVEL OF SERVICE Snow Accumulation on Bicycle Lanes 1) After becoming aware of the fact that the snow accumulation on a bicycle lane is greater than the depth set out in Table 6, Public Works will deploy available Town resources as soon as practicable to address the snow accumulation. 2) After the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation, so as to reduce the snow to a depth less than or equal to the depth set out in Table 6, within the time set out in the Table 6. 3) If the depth of snow accumulation on a bicycle lane is less than or equal to the depth set out in Table 6 the bicycle lane is deemed to be in a state of repair with respect to snow accumulation. 4) The snow accumulation on the bicycle lane must be cleared to a minimum width of one (1) metre or the actual bicycle lane width. Table 6 – Snow Accumulation on Bicycle Lanes Class of Highway or Adjacent Highway Depth Time 1 N/A N/A 2 5.0 cm 12 hours 3 8.0 cm 24 hours 4 8.0 cm 24 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Page 197 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 10 / 16 Winter Maintenance Level of Service Policy Ice Formation on Bicycle Lanes and Icy Bicycle Lanes 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a bicycle lane determines there is a substantial probability of ice forming on a bicycle lane the Public Works Road Supervisor or designate will deploy available Town resources, to treat the bicycle lane, if practicable, to prevent ice formation within the time set out in Table 7, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. 2) Despite compliance with subsection (1), should ice form on a bicycle lane, the bicycle lane is deemed to be in a state of repair until the applicable time set out in Table 7 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the bicycle lane is icy. 3) Subject to subsection (1) the standard for treating icy bicycle lanes is to treat the icy bicycle lane within the time set out in Table 7 and a bicycle lane is deemed to be in a state of repair until the applicable time set out in Table 7 expires, starting from the time the Public Works Road Supervisor or designate becomes aware of the fact that the bicycle lane is icy. Table 7 – Ice Formation Prevention and Treatment of Icy Bicycle Lanes Class of Highway or Adjacent Highway Ice Formation Prevention Time Treatment of Icy Bicycle Lanes Time 1 N/A N/A 2 8 hours 4 hours 3 16 hours 8 hours 4 24 hours 12 hours 5 24 hours 16 hours 6 24 hours 24 hours End of Storm Bicycle Lane Surface Condition Public Works will attempt to restore the bicycle lane surface to the same condition as the adjacent roadway or roadway which the bicycle lane is situated upon. Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways with bicycle lanes will be serviced first. Class 4 – Roadways with bicycle lanes will be serviced second. Class 5 – Roadways with bicycle lanes will be serviced third. Class 6 – Roadways with bicycle lanes will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority classes may be delayed in an attempt to maintain the upper classes at the required service levels for both snow accumulation and ice control. Page 198 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 11 / 16 Winter Maintenance Level of Service Policy SIDEWALKS CLASS DESIGNATION There are no class designation standards for sidewalks in the Minimum Maintenance Standards O.Reg. 239/02. The intention of this section of the Policy is to fulfill the Town’s duty to provide a reasonable standard of care to prevent foreseeable harm to others. In this Policy, a “sidewalk” means hard surface paths within the part of the highway specifically set aside or commonly understood to be for pedestrian use, inter-block walkways, footbridges, staircases and hard surface pathways within Parks and Open Space, but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited. Primary Class Sidewalks Primary Class Sidewalks are defined as sidewalks located within a Special Event area, when they are scheduled to occur, sidewalks along arterial or collector roadways that directly serve an Institution such as a school or hospital as well as common safe access routes to schools that connect crossing guard locations, sidewalks on bridges and steep hills along arterial and collector roadways, sidewalks along arterial or collector roadways that directly serve Commercial areas such as the Service Commercial and Central Commercial District, hard surfaced walkways and pathways identified as Primary in the Trails Master Plan, and sidewalks that service high density apartment and social housing complexes, including retirement centers. Secondary Class Sidewalks Secondary Class Sidewalks are defined as any remaining sidewalks located along arterial and collector roadways, sidewalks along roadways that transport pedestrians to and remaining hard surfaced walkways within Parks and Open Space, and sidewalks along local roadways. Where sidewalks exist on both sides of a local roadway only one side would be considered. The selection of which sidewalk would be considered would be determined on an individual basis to ensure a smooth sidewalk transportation network in accordance with the Official Plan. Other Sidewalks Other Sidewalks are defined as sidewalks along local roadways where no sidewalk precedes or follows, any walkway, sidewalk, staircase, or pathway along any roadway that terminates mid-block and does not provide a continuous connection to another component of the sidewalk network, and any sidewalk, walkway or pathway along or adjacent to a vertical drop, large body of water, or along a steep grade where public safety during the Winter Maintenance Season is a potential concern. LEVEL OF SERVICE Snow Accumulation on Sidewalks 1) After the snow accumulation has ended Public Works will deploy available Town resources as soon as practicable to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in Table 8 within the time set out in Table 8. 2) If the depth of snow accumulation on a sidewalk is less than or equal to the depth set out in Table 8 the sidewalk is deemed to be in a state of repair with respect to snow accumulation. 3) If the depth of snow accumulation on a sidewalk exceeds Table 8 while the snow continues to accumulate, the sidewalk is deemed to be in a state of repair with respect to snow accumulation until the applicable time set out in Table 8 expires, starting from the time the snow accumulation ends. Page 199 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 12 / 16 Winter Maintenance Level of Service Policy 4) The snow accumulation on a sidewalk must be cleared to a minimum width of one (1) metre. 5) No sidewalk snow clearing will take place on any class sidewalk if the individual snowfall is less than 5.0 cm, unless authorized by the Public Works Roads Supervisor or his/her designate. Table 8 – Snow Accumulation on Sidewalks Class of Sidewalk Depth Time Primary 5.0 cm 24 hours Secondary 8.0 cm 48 hours Other * No Service No Service Ice Formation on Sidewalks and Icy Sidewalks 1) If the Public Works Road Supervisor or designate as a result of weather monitoring and/or patrolling in the 24-hour period preceding an alleged formation of ice on a sidewalk determines there is a substantial probability of ice forming on a sidewalk the Public Works Road Supervisor or designate will deploy available Town resources, to treat the icy sidewalk, if practicable, to prevent ice formation or improve traction within the time set out in Table 9, starting from the time that the Public Works Road Supervisor or designate determines as the appropriate time to deploy available Town resources. 2) Despite compliance with subsection (1), should ice form on a sidewalk, the sidewalk is deemed to be in a state of repair until the applicable time set out in Table 9 expires, starting from the time that the Public Works Road Supervisor or designate becomes aware of the fact that the sidewalk is icy. 3) The standard for treating icy sidewalks, after the Public Works Road Supervisor or designate becomes aware of the fact that the sidewalk is icy is to treat the icy sidewalk within the time set out in Table 9 and an icy sidewalk is deemed to be in a state of repair for the applicable time set out in Table 9 after it has been treated. Table 9 – Ice Formation Prevention and Treatment of Icy Sidewalks Class of Sidewalk Time Primary 24 hours Secondary 48 hours Other * No Service End of Storm Sidewalk Surface Condition Public Works will attempt to maintain sidewalks in a smooth snow packed condition due to the limitations of the sidewalk clearing equipment to get down to the bare surface, unless specified otherwise. Page 200 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 13 / 16 Winter Maintenance Level of Service Policy Priority for Servicing Primary Class – Sidewalks will be serviced first. Secondary Class – Sidewalks will be serviced second. * Other Class – Sidewalks are considered closed from November 15th to April 1st and shall receive no winter maintenance. For unusual or severe conditions, or when equipment breakdown occur, lower priority sidewalks may be delayed in an attempt to maintain higher priority sidewalks at the service levels described above for both snow accumulation and ice control. MUNICIPAL PARKING LOTS LEVEL OF SERVICE Snow clearing and ice control of parking lots servicing the municipal public parking lot system within Downtown Tillsonburg will be prioritized for service as per Table 10 and carried out in accordance with the following guidelines: 1) Snow clearing operations shall begin within one (1) hour after the accumulation of 8.0 cm of snow accumulation, or within one (1) hour upon request by the Public Works Roads Supervisor or designate. 2) Follow-up snow clearing/scraping operations will only resume following the accumulation of an additional 8.0 cm of new snow on the previously serviced areas. 3) Sanding/salting operation for ice control, if required, will be restricted to the driving lanes between rows of parking stalls. 4) Snow storage piling is to be done at the same time as snow clearing within the designated snow storage areas. 5) Snow storage piles are not to take up more than 10% - 20% of the available parking spaces at any one time during the Winter Maintenance Season. Priority for Servicing Servicing of Downtown Municipal Parking Lots for snow clearing and ice control will be prioritized as outlined in Table 10. Page 201 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 14 / 16 Winter Maintenance Level of Service Policy Table 10 – Downtown Municipal Parking Lots Priority Municipal Lot Priority Municipal Lot 1 1A 1 5B 2 7A (west half) 2 1B 3 6A (west half) 3 2B 4 3A 4 3B 5 10A 5 4B 6 7A (east half) 6 5A 7 6A (east half) 7 11A 8 8A 8 4A 9 9A 9 6B For unusual or severe conditions, or when equipment breakdown occur, lower priority Downtown municipal parking lots may be delayed in an attempt to maintain higher priority Downtown municipal parking lots at the service levels described above for both snow accumulation and ice control. SNOW REMOVAL Snow removal on roadways, parking lots, cul-du-sacs/dead ends, and the Downtown Core area will be carried out when required by the Public Works Division. Depending on the area and number of locations to be undertaken, a decision will be made by the Public Works Road Supervisor or designate in consultation with the Public Works Manager or designate to implement the removal process. Snow Removal Areas For snow removal operations, the Town infrastructure has been divided into four Areas which determine the priority for servicing. Area 1 – Intersections Area 2 – Downtown Core Area 3 – Downtown Municipal Parking Lots Area 4 – Local Streets with Dead Ends / Cul-du-sacs LEVEL OF SERVICE Area 1 – Intersections The Public Works Road Supervisor or designate will assess the snow storage volume at intersections to ensure the required sight lines and normal traffic flows are not obstructed. If the Public Works Road Supervisor or designate determines that the removal of snow is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would normally begin 24 hours after the Public Works Road Supervisor or designate determination. Page 202 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 15 / 16 Winter Maintenance Level of Service Policy Area 2 – Downtown Core The Public Works Road Supervisor or designate will assess the volume of snow storage in the Downtown Core to ensure a reasonable volume of snow storage remains while considering weather forecast, parking accessibility, and safe access to the sidewalk from on-street parking locations. If the Public Works Road Supervisor or designate determines that the removal of snow is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed between 12:00 am and 7:00 am during a weeknight and within 24 to 48 hours of the Public Works Road Supervisor or designate determination, except for a Tuesday night / Wednesday morning due to Downtown waste collection Wednesday morning. Area 3 – Downtown Municipal Parking Lots If the Public Works Road Supervisor or designate determines that snow storage piles are taking up more than 10 – 20% of the available parking lot spaces, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed during normal business hours by Public Works and within 5 days of the Public Works Road Supervisor or designate determination. The removal of snow storage piles may not be necessary within all Downtown municipal public parking lots, however should extreme conditions exist, limited snow removal operations may be required. Area 4 – Local Streets with Cul-du-sacs / Dead Ends The Public Works Road Supervisor or designate will assess the volume of snow storage of local streets with dead ends and cul-de-sacs to ensure a reasonable volume of snow storage remains while considering weather forecast and traffic maneuverability. If the Public Works Road Supervisor or designate determines that snow removal is required, and after all other previously identified levels of service in this Policy have been achieved, the Public Works Road Supervisor or designate will schedule snow removal operations, depending on the forecast. Snow removal operations would typically be completed during normal business hours by Public Works and within 5 days of the Public Works Road Supervisor or designate determination. Priority for Servicing Snow removal operations would normally occur after all other previously identified levels of service in this Policy have been achieved, depending on the forecast, however in severe weather the following prioritization of service areas would be initiated. Area 1 – Intersections would be serviced first. Area 2 – Downtown Core would be serviced second. Area 3 – Downtown Municipal Parking Lots would be serviced third. Area 4 – Local Streets with Dead Ends / Cul-de-sacs would be serviced fourth. Page 203 of 246 TOWN OF TILLSONBURG WINTER MAINTENANCE LEVEL OF SERVICE POLICY Policy Number: 11-003 Page 16 / 16 Winter Maintenance Level of Service Policy DEPARTURE FROM POLICY The Town of Tillsonburg recognizes that conditions may be so unusual or unexpected that a temporary departure from this Policy may be authorized. Therefore, when conditions warrant the Public Works Road Supervisor in consultation with the Manager of Public Works and Director of Operations, may order a temporary departure from these general guidelines. Special requests or changes to the Policy shall only be authorized by Council. Page 204 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4217 A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (“OILC”) FOR FINANCING CERTAIN ONGOING CAPITAL WORKS OF THE CORPORATION OF THE TOWN OF TILLSONBURG (THE “LOWER-TIER MUNICIPALITY”); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH WORKS; AND TO AUTHORIZE LONG TERM BORROWING FOR SUCH WORKS THROUGH THE ISSUE OF DEBENTURES BY THE COUNTY OF OXFORD (THE “UPPER- TIER MUNICIPALITY”) TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Lower-tier Municipality has passed the by-law(s) enumerated in column (1) of Schedule “A” attached hereto and forming part of this By- law (“Schedule “A”) authorizing the capital work(s) described in column (2) of Schedule “A” (individually a “Capital Work”, collectively the “Capital Works”, as the case may be) in the amount of the respective estimated expenditure set out in column (3) of Schedule “A”, subject in each case to approval by OILC of the financing for such Capital Work(s) that will be requested by the Lower-tier Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Lower-tier Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the “Regulation”), the Council of the Lower-tier Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the “Updated Limit”), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule “A” (the “Authorized Expenditure” for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Lower-tier Municipality to exceed the Updated Limit, and accordingly the approval of the Ontario Municipal Board pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Lower-tier Municipality; AND WHEREAS subsection 405(1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, Page 205 of 246 - 2 - the municipality is a lower-tier municipality in a regional municipality and it has approved the work and the upper-tier municipality has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS subsection 401(3) of the Act provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures and accordingly the Lower-tier Municipality intends that the Upper-tier Municipality will issue debentures in respect of the Capital Work(s) and will request that the Upper-tier Municipality do so; AND WHEREAS subsection 403(1) of the Act provides that a by-law of an upper-tier municipality authorizing the issuing of debentures for the purposes or joint purposes of one or more of its lower-tier municipalities may require those lower-tier municipalities to make payments in each year to the upper-tier municipality in the amounts and on the dates specified in the by-law; AND WHEREAS the Act also provides that a municipality shall authorize long term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act and subsection 403(7) of the Act provides that all debentures issued under a by-law passed by an upper-tier municipality under section 403 are direct, joint and several obligations of the upper-tier municipality and its lower-tier municipalities; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred on or after January 1, 2013 in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Lower-tier Municipality requested the Upper-tier Municipality to issue debentures for the Capital Work(s) and in this connection the Upper-tier Municipality and the Lower-tier Municipality completed and submitted an application to OILC (the “Application”) to request financing for the Capital Work(s) by way of long term borrowing pursuant to section 403 of the Act through the issue of debentures by the Upper-tier Municipality to OILC and by way of temporary borrowing by the Lower-tier from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved the Application; AND WHEREAS the Upper-tier Municipality has approved the issue of debentures for the Capital Work(s) to OILC in the maximum aggregate principal amount of $4,220,865.00 (the “Debentures”); and OILC has indicated that pending the issue of the Debentures it will provide financing by way of temporary advances to the Lower-tier Municipality in respect of the Capital Work(s); Page 206 of 246 - 3 - AND WHEREAS the Lower-tier Municipality will enter into a financing agreement with OILC pursuant to the terms of which OILC will provide temporary advances to the Lower-tier Municipality in respect of the Capital Work(s); NOW THEREFORE THE COUNCIL THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. The Council of the Lower-tier Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC, in cooperation with the Upper-tier Municipality, for the financing of the Capital Work(s) by way of temporary borrowing from OILC, pending the issue of the Debentures, in the maximum aggregate principal amount of $4,220,865.00, substantially in the form of Schedule “B” hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter approve, such execution and delivery to be conclusive evidence of such approval. 2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Lower-tier Municipality a financing agreement (a “Financing Agreement”) with OILC that provides for temporary borrowing from OILC in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Mayor and/or the Treasurer are hereby authorized, pending the substantial completion of the Capital Work or of each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree, and to sign such evidence of indebtedness as OILC may require (the “Note”) and to deliver the Note to OILC, such execution and delivery to be conclusive evidence of such agreement; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or to each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work. 4. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, as security for the payment by the Lower-tier Municipality of the indebtedness of the Lower-tier Municipality to OILC under the Note, and as security for the payment by the Lower-tier Municipality of any indebtedness of the Lower-tier Municipality to the Upper-tier Municipality in respect of the Debentures issued for any Capital Work (the “Obligations”), the Lower-tier Municipality is hereby authorized to Page 207 of 246 - 4 - agree in writing with OILC that the Minister of Finance is entitled, without notice to the Lower-tier Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Lower-tier Municipality, amounts not exceeding the amounts that the Lower-tier Municipality fails to pay to OILC on account of the Obligations and to pay such amounts to OILC from the Consolidated Revenue Fund. 5. For the purposes of meeting the Obligations, the Lower-tier Municipality shall provide for raising in each year as part of the general lower-tier levy the amounts of principal and interest payable in each year under the Note and/or any outstanding Debenture, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality. 6. (a) The Mayor and/or the Treasurer are hereby authorized to execute and deliver the Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Lower-tier Municipality in order to perform the Obligations of the Lower-tier Municipality under the Financing Agreement and to execute and deliver the Note, and the Treasurer is authorized to affix the Lower-tier Municipality’s municipal seal to any such documents and papers. (b) The money realized in respect of the Note and the Debentures, including any premium, and any earnings derived from the investment of that money after providing for the expenses related to the execution and delivery of the Note and to the issue of the Debentures by the Upper-tier Municipality, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 7. This By-law takes effect on the day of passing. ENACTED AND PASSED this 13th day of August, A.D. 2018. _________________________ ________________________________ Stephen Molnar Donna Wilson MAYOR TOWN CLERK Page 208 of 246 Schedule “A” to By-Law Number 4217 (Ongoing Capital Works) (1) (2) (3) (4) By-Law Number/ Capital Work Number Description of Capital Work Estimated Expenditure Loan Amount 2017-FRS 17-05 Ripley’s Dispatch Equipment $26,400 $26,400 2016–FRS 16-08 Hanover’s Dispatch Equipment $28,823 $28,823 4194 Fire Communication Console $157,800 $93,500 2017-OPS 17-20 Service Truck Replace No 44 $172,142 $172,142 4194 Broadway & Brock Accessible Crossing $60,000 $60,000 4194 LED Street Light Conversion $1,500,000 $1,500,000 4194 TCC Retrofit $2,340,000 $2,085,000 4194 Waterpark Renos $129,000 $100,000 4194 TCC LED Conversion $50,000 $40,000 2018-OPS 18-19 Downtown LED Street Lights $115,000 $115,000 Totals $4,579,165 $4,220,865 Page 209 of 246 Schedule “B” to By-Law Number 4217 Page 210 of 246 Webloans Loan Application PDF Projects ID SIT Project ID Project Name Construction/Purchase Start Construction/Purchase End Project Cost OILC Loan Amount 645 0 Fire Comm Infrastructure - Ripley's Dispatch Equipment 10/01/2017 12/01/2017 $26,400.00 26,400.00 646 0 Fire Comm Infrastructure - Hanover 10/01/2016 12/01/2016 $28,823.00 28,823.00 647 3 Fire Comm Console 07/01/2018 10/31/2018 $157,800.00 93,500.00 648 0 Service Truck No. 044 Replacement 08/01/2017 06/30/2018 $172,142.00 172,142.00 649 0 Broadway & Brock Streets Accessible Upgrade 06/01/2018 09/30/2018 $60,000.00 60,000.00 650 6 LED Streetlight Conversion 05/01/2018 11/30/2018 $1,500,000.00 1,500,000.00 651 7 TCC Retrofit 01/01/2018 11/30/2018 $2,340,000.00 2,085,000.00 652 8 Waterpark Renos 05/01/2018 07/31/2018 $129,000.00 100,000.00 653 9 TCC LED Conversion 07/01/2018 12/01/2018 $50,000.00 40,000.00 654 10 Downtown LED Streetlight Conversion 05/01/2018 11/30/2018 $115,000.00 115,000.00 Details of Project Fire Comm Infrastructure - Ripley's Dispatch Equipment Project Financial Information FA Number 1317 Application for Tillsonburg, The Corporation of The Town of Project Category Municipal Other Infrastructure Work Type Fire Project Name Fire Comm Infrastructure - Ripley's Dispatch Equipment Construction/Purchase Start 10/01/2017 Construction/Purchase End 12/01/2017 Energy Conservation Project Address 1 80 Concession Street East Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch equipment to provide fire dispatch services for Ripley, Ontario. Comments and/or Special Requests Project Life Span (Years)5 Page 211 of 246 Required Date Amount Term Type 12/01/2018 $26,400.00 5 Serial Details of Project Fire Comm Infrastructure - Hanover Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 5 Serial Details of Project Fire Comm Console Project Cost (A)$26,400.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$26,400.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $26,400.00 Project Category Municipal Other Infrastructure Work Type Fire Project Name Fire Comm Infrastructure - Hanover Construction/Purchase Start 10/01/2016 Construction/Purchase End 12/01/2016 Energy Conservation Project Address 1 80 Concession Street East Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch equipment to provide fire dispatch services to Hanover, Ontario Comments and/or Special Requests Project Life Span (Years)5 Project Cost (A)$28,823.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$28,823.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Municipal Other Infrastructure Page 212 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $93,500.00 10 Serial Details of Project Service Truck No. 044 Replacement Work Type Fire Project Name Fire Comm Console Construction/Purchase Start 07/01/2018 Construction/Purchase End 10/31/2018 Energy Conservation Project Address 1 80 Concession Street Ease Project Address 2 City / Town Tillsonburg Province ON Postal Code Description New fire dispatch radio-operator console equipment Comments and/or Special Requests Project Life Span (Years)10 Project Cost (A)$157,800.00 Other Project Funding / Financing (B): Description Timing Amount Reserves Existing $37,800.00 Taxation Existing $26,500.00 Other Project Funding/Financing Total (B)$64,300.00 OILC Loan Amount (A-B)$93,500.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $93,500.00 Project Category Clean Water Infrastructure Project Name Service Truck No. 044 Replacement Construction/Purchase Start 08/01/2017 Construction/Purchase End 06/30/2018 Energy Conservation Project Address 1 20 Spruce Street Project Address 2 City / Town Tillsonburg Province ON Postal Code Page 213 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $172,142.00 10 Serial Details of Project Broadway & Brock Streets Accessible Upgrade Description Replacement of Service Truck No. 044 Comments and/or Special Requests Project Life Span (Years)10 Project Cost (A)$172,142.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$172,142.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $172,142.00 Project Category Municipal Roads Infrastructure Project Name Broadway & Brock Streets Accessible Upgrade Construction/Purchase Start 06/01/2018 Construction/Purchase End 09/30/2018 Energy Conservation Project Address 1 Broadway & Brock Streets intersection Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Purchase and installation of audible pedestrian signal equipment Comments and/or Special Requests Page 214 of 246 Project Financial Information Required Date Amount Term Type 12/31/2018 $0.00 20 Serial Details of Project LED Streetlight Conversion Project Financial Information Required Date Amount Term Type 12/31/2018 $1,500,000.00 10 Serial Project Life Span (Years)20 Project Cost (A)$60,000.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$60,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Municipal Roads Infrastructure Project Name LED Streetlight Conversion Construction/Purchase Start 05/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 Town of Tillsonburg Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replace existing streetlights with LED fixtures Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$1,500,000.00 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$1,500,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $1,500,000.00 Page 215 of 246 Details of Project TCC Retrofit Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 20 Serial Details of Project Waterpark Renos Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name TCC Retrofit Construction/Purchase Start 01/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 45 Hardy Ave Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Energy retrofit project to provide a life cycle replacement to aging refrigeration equipment while upgrading to a modern, high efficiency refrigeration system, as well as modifications to ventilation to provide demand control ventilation (DCV) and reduced fan consumption using variable frequency drives (VFDs) on fans. Micro co-gen turbines are to be installed to reduce grid-based electricity consumption, provide back- up power in the event of emergencies, and to recover waste heat for building heating Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$2,340,000.00 Other Project Funding / Financing (B): Description Timing Amount Rebates Expected $255,000.00 Other Project Funding/Financing Total (B)$255,000.00 OILC Loan Amount (A-B)$2,085,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name Waterpark Renos Construction/Purchase Start 05/01/2018 Construction/Purchase End 07/31/2018 Energy Conservation Project Address 1 8 Ross Street Project Address 2 Page 216 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $0.00 10 Serial Details of Project TCC LED Conversion City / Town Tillsonburg Province ON Postal Code Description Capital repairs to reduce operating maintenance costs and extend life of asset Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$129,000.00 Other Project Funding / Financing (B): Description Timing Amount Taxation Existing $29,000.00 Other Project Funding/Financing Total (B)$29,000.00 OILC Loan Amount (A-B)$100,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Project Category Recreation Infrastructure Work Type Muni Indoor & Outdoor Cap Infr Project Name TCC LED Conversion Construction/Purchase Start 07/01/2018 Construction/Purchase End 12/01/2018 Energy Conservation Project Address 1 45 Hardy Ave Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replacement of existing lighting in Community Centre with LED fixtures Page 217 of 246 Project Financial Information Required Date Amount Term Type 12/01/2018 $40,000.00 10 Serial Details of Project Downtown LED Streetlight Conversion Project Financial Information Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$50,000.00 Other Project Funding / Financing (B): Description Timing Amount Reserves Existing $10,000.00 Other Project Funding/Financing Total (B)$10,000.00 OILC Loan Amount (A-B)$40,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $40,000.00 Project Category Municipal Roads Infrastructure Project Name Downtown LED Streetlight Conversion Construction/Purchase Start 05/01/2018 Construction/Purchase End 11/30/2018 Energy Conservation Project Address 1 Downtown Business Improvement Area Project Address 2 City / Town Tillsonburg Province ON Postal Code Description Replace existing streetlights in Business Improvement Area with LED fixtures Comments and/or Special Requests Project Life Span (Years)20 Project Cost (A)$115,000.00 Page 218 of 246 Required Date Amount Term Type 12/01/2018 $0.00 10 Serial Debt and Re-payments Summary Non Re-payments of Loans or Debenture OILC Loan Repayment Information Documentation and Acknowledgements Please ensure all required documents are submitted with the signed application. OILC requires originals as noted below to be mailed or couriered. Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. Loan Application Signature Page signed and dated by the appropriate individual (original to be submitted) Certificate and sealed copy of OILC template By-Law authorizing project borrowing and applying for a loan (original with seal) Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed) Updated Certified Annual Repayment Limit Calculation (original) I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: OILC retains the right to request and review any additional information or documents at its discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential, subject to any applicable laws or rules of a court or tribunal having jurisdiction. Infrastructure Ontario, Copyright © Queen’s Printer for Ontario, 2018 Other Project Funding / Financing (B): Other Project Funding/Financing Total (B)$0.00 OILC Loan Amount (A-B)$115,000.00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Long-term Borrowing Total $0.00 Has there been any new/undisclosed debt acquired since last FIR was submitted? Yes No Please describe any re-financing plans for any existing "interest only" debt, if applicable. In the last 10 years, has the borrower ever failed to make a loan payment or debenture repayment on time to any lender, including the Provincial Government? If yes, please provide details. Please indicate the source(s) of revenue you plan to use to repay the OILC Loan Taxation 96.00 User Fees 4.00 Service Charges 0.00 Development Charges 0.00 Connection Fees 0.00 Repayment Subsidies 0.00 Other Total 100.00% Page 219 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4218 A BY-LAW to authorize an Agreement of Purchase and Sale with Tillsonburg Properties for Community Living. WHEREAS The Town of Tillsonburg is desirous of entering into an agreement of purchase and sale with Tillsonburg Properties for Community Living. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the purchase and sale agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement of purchase and sale on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 13th DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF AUGUST, 2018. _________________________ MAYOR-Stephen Molnar _________________________ TOWN CLERK-Donna Wilson Page 220 of 246 Page 221 of 246 Page 222 of 246 Page 223 of 246 Page 224 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4219 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 Town of Tillsonburg is desirous of entering into an Agreement with Her Majesty The Queen In Right Of Ontario for the Controlled-Access Highway Number 3 and Clearview Drive South. 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 agreement on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 13 th DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF AUGUST, 2018. _____________________________ Mayor – Stephen Molnar _____________________________ Town Clerk – Donna Wilson Page 225 of 246 No. CMWR17-0003 THIS AGREEMENT dated this day of , 20 BETWEEN: HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, (the "Ministry") - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Town") WHEREAS: A. the Town own lands on the south side of Controlled-Access Highway Number 3 (“Highway 3”), in Part Lots 1 and 2, Concession 5 (Middleton) in the Town of Tillsonburg, in the County of Oxford (the “Lands”), on which the Town proposes to construct an industrial subdivision under Subdivision File 32T-09004; B. the Ministry shall permit the Town to locate a new entrance known as Clearview Drive South (the “Entrance”) on the south side of Highway 3, at the location shown on Schedule “A” upon the terms and conditions of this Agreement; C. the Town requests and the Ministry agrees to permit the Town to design and construct the Entrance including associated highway improvements (the “Highway Work(s)”) at the full cost and expense of the Town upon the terms and conditions of this Agreement; D. It is deemed expedient under Sections 2 and 38(11) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended (the “PTHIA”) to enter into this Agreement to further the design and construction and incidentals of the Highway Works, by the Town with all design and construction costs inside and incidental to the right-of-way of Highway 3 being at the cost of the Town unless otherwise expressly specified in this Agreement; and E. Section 116 of the PTHIA allows the Minister to enter into agreements for the purposes of the PTHIA, including agreements related to the safety and mobility of people and goods. Page 226 of 246 2 NOW THEREFORE in consideration of the premises and the respective covenants contained herein, the parties hereto for themselves and their respective successors and permitted assigns mutually agree as follows: 1.0 DEFINITIONS 1.1 In this Agreement, (a) "Approval", "Approve", "Approved" and similar expressions means the approval of or approved by the Ministry in accordance with the provisions of Article 3; (b) "Design", "design" means the Approved design, contract drawings and documents provided for in Article 5.0; (c) "Director" means the Regional Director for the West Region of the Ministry, or their nominee; (d) "Highway Work(s)" means the construction of the highway works pursuant to the Design as illustrated in Schedule “A”; (e) "Ministry" shall mean the short form of the formal name style as set forth in section 33(7) of the PTHIA and includes the applicable person or persons on the staff of the Ministry, as determined at the sole discretion of the Director, that relate to a respective provision in this Agreement; and (f) "RAQS" shall mean the Ministry’s Registry, Appraisal and Qualifications System, used to register, qualify, and maintain a corporate performance rating for contractors and consultants who want to conduct business with the Ministry in a broad range of technical and professional categories. 2.0 MINISTRY PERMITS 2.1 Subject to Section 2.2, upon application: (a) made by the Town to the Ministry in form satisfactory to the Ministry and at the Town’s cost and expense; and (b) accompanied by six (6) sets of Approved Design drawings and documents prepared according to the terms and conditions of this Agreement; and in compliance with any other applicable provisions of this Agreement. Page 227 of 246 3 the Ministry shall issue the Encroachment Permit, Entrance Permit and any other applicable permit (the "Permits") the Town requires to construct the Highway Works within the Ministry's jurisdiction. 2.2 No Permit(s) shall be issued under Section 2.1 prior to the delivery to the Ministry of: (a) the proof of the insurance as provided for in Section 12.3; (b) the Approval of the Design provided for in Section 5.4; (c) the submission of the Traffic Control Plan under Section 6.1; and (d) an executed copy of this Agreement. 2.3 Subject to Sections 2.1 and 2.2, the Ministry, after receipt of an Entrance Permit application by the Town to the Ministry, shall issue to the Town a standard MTO short form Entrance Permit under Section 38(2) of the PTHIA to connect Clearview Drive South to Highway 3. 2.4 Subject to Section 2.1 and 2.2, the Ministry, after receipt of an Encroachment Permit application by the Town to the Ministry shall issue to the Town a standard MTO short form Encroachment Permit and Legal Agreement under Section 38(2) of the PTHIA to install a sanitary sewer within the Highway 3 right-of-way. 2.5 Any Permit issued by the Ministry with respect to the Highway Works shall be subject to the terms printed on that Permit and is also part of and deemed subject to the terms of this Agreement. Any such Permit shall have annotated on it: "This permit is subject to the terms of the Agreement dated the ___ day of ___, 20__ between the Ministry of Transportation and the Town of Tillsonburg.” Where there is a conflict between this Agreement and the terms and conditions contained in the Permit(s) issued to the Town by the Ministry for the Highway Works, the terms and conditions contained in the Permits shall govern. 2.6 No Highway Works shall commence until such time as all required Permits, Approvals and authorizations have been obtained. Page 228 of 246 4 2.7 Notwithstanding Section 2.6, where emergency work must be carried out by the Town on the Highway 3 right-of-way in order to protect the travelling public and/or preserve the integrity of the Highway 3 right-of-way, any such emergency work may be commenced upon notice to the Ministry and its Approval being received. 3.0 MINISTRY APPROVALS 3.1 Wherever the provisions of this Agreement require or provide for the Ministry's Approval of or to any action, document or other matter contemplated by this Agreement, such request for Approval shall be in writing and shall: (i) contain or be accompanied by any documentation or information required for such Approval; (ii) clearly set forth the matter in respect of which such Approval is being sought; (iii) form the sole subject matter of the correspondence containing such request for Approval; and (iv) clearly state that such Approval is being sought. 4.0 MINISTRY DIRECTIONS 4.1 The Ministry may give such directions and orders, in writing, to the Town with respect to the performance of the Highway Works as they deem necessary, and the Town, at its cost, shall carry out such directions and orders forthwith upon receipt of same. 5.0 DESIGN OF THE HIGHWAY WORKS 5.1 The Town will only execute an agreement for the design of the Highway Works (the “Design”) with an engineering design consultant (the “Design Consultant”) that is qualified through the Ministry’s RAQS system, and such Design Consultant shall be Approved by the Ministry; Page 229 of 246 5 5.2 The Town, in preparing the Design and at the cost of the Town shall undertake an Environmental Assessment in accordance with the Ministry Class Environmental Assessment for Provincial Transportation Facilities (the “Class EA”) and if applicable the Municipal Class Environmental Assessment process and obtain from the Ministry of the Environment, as well as the Ministry of Natural Resources and Forestry, all necessary authorizations. 5.3 The Town shall prepare, according to Ministry specifications and standards, the Design and in conjunction therewith, including: (a) the Design of the Highway Works on Highway 3, which shall include: (i) construction of Clearview Drive South consisting of one through lane in each direction; (ii) reconstruction of the existing eastbound left-turn lane on Highway 3 at the existing Clearview Drive intersection to provide a 160m taper, 70m of parallel length and 15m of storage length; (iii) construction of 60m eastbound right-turn lane on Highway 3 at the New Clearview Drive intersection; (iv) construction of a new westbound left-turn lane on Highway 3 at the new Clearview Drive South intersection to provide a 160m taper, 70m of parallel length and 30m of storage length; and (v) installation of a 400 diameter sanitary sewer from the north limit of Highway 3 to the south limit of Highway 3, generally running perpendicular to the Highway 3 centreline of construction. (b) the placing of hot mix asphalt paving and granular materials to comply with the Ministry Approved Design; (c) the grading, drainage, topsoil, seeding/sodding and landscaping required by reason of construction of the road widening in accordance with the Approved Design; (d) the removal of existing pavement markings and placing of temporary and permanent pavement markings required within the limits of construction of the Highway Works. The pavement markings shall be placed in accordance with the Page 230 of 246 6 Approved Design and the markings shall be subject to field checking and the Approval of the Ministry; (e) the re-grading and landscaping of all disturbed areas within the limits of construction of the Highway Works to Ministry standards in accordance with the Approved Design; (f) all other aspects of the Highway Works; and (g) all above Highway Works according to the warrants, criteria, standards and incidentals of the Ministry pursuant to the Design. 5.4 The Design shall be stamped and signed by a Professional Engineer of Ontario. The Town shall submit the Design, to the Ministry for its Approval. 6.0 TRAFFIC CONTROL PLAN 6.1 The Town shall, at its cost and expense, prepare and submit a plan for traffic control (the “Traffic Control Plan”) to the Ministry prior to start of construction of the Highway Works. The Traffic Control Plan is to be prepared by a Design Consultant that is qualified through the Ministry’s RAQS system, and such Design Consultant shall be approved by the Ministry. The Traffic Control Plan shall be in accordance with the Ontario Traffic Manual – Book 7, the Traffic Control Manual for Roadway Work Operations, the Ministry’s Roadside Design Manual and other Ministry standards and procedures. The Traffic Control Plan shall: (a) provide that the Highway Works, once started, must be completed within the same construction year, being not later than November 1st of that calendar year unless otherwise agreed to in writing by the Ministry; (b) Should the Highway Works not be completed by November 1st of that calendar year the Town shall follow Ministry approved winter shutdown procedures, such that Ministry winter maintenance activities can commence; (c) provide that the existing traffic lanes must be open to traffic at the end of each working day; (d) provide that all open excavations adjacent to the through lanes must be backfilled and compacted to grade by the end of each working day; and Page 231 of 246 7 (e) provide for an end date ("End Date") on and after which the Town is to have constructed to completion the Highway Works. 6.2 The Town shall be fully responsible for traffic control and safety during construction of the Highway Works, including the supply, installation, relocation and maintenance of all traffic control devices, including pavement markings and warning signs that the Ministry requires, which shall be carried out in accordance with the Ontario Traffic Manual – Book 7. 7.0 PERFORMING THE HIGHWAY WORKS 7.1 The permission and Approvals granted, and directions and orders issued, herein are subject to the right of free use of Highway 3 by the public and are subject also to the rights and privileges which the Ministry may grant to any other persons on Highway 3 all of which rights are expressly reserved. 7.2 The Town, as proponent, shall comply with the Ministry’s Class EA under the Environmental Assessment Act and, if applicable, the Municipal Class Environmental Assessment process and obtain from the Ministry of the Environment, as well as the Ministry of Natural Resources and Forestry, all necessary authorizations. 7.3 The Ministry grants only permission and Approvals, and issues directions and orders, pursuant to the provisions of the PTHIA, and the Town shall be responsible for obtaining all authorizations required from any other authority in order to carry out any part of the Highway Works. 7.4 The Ministry may refuse or revoke any Permit(s) and/or right of access given to the Town to carry out the Highway Works where the Ministry, acting reasonably, determines that there are risks or conflicts to the travelling public or any other person using the Highway 3 right of way and/or to construction Highway Works that must be carried on by the Ministry, or to any contractor hired by the Ministry, on the Highway 3 right of way. Page 232 of 246 8 7.5 The Town agrees that the construction activities of Ministry contractors shall take precedence over the construction activities of the Town’s contractor(s) in the area of the Highway Works. The Town also agrees that the Ministry’s contractors will be recognised as the senior contractors. The Town further agrees that any construction activities of the Town’s and the Ministry’s respective contractors in the area of the Highway Works will be coordinated through the senior contractors and that any conflicts in the various construction activities will be decided in favour of the senior contractors. 7.6 The Town shall at its cost and expense: (a) only tender the Design and execute the contract for the construction of the Highway Works with a contractor (the “Contractor”) that is qualified through the Ministry’s RAQS system, and such Contractor shall be Approved by the Ministry; (b) submit to the Ministry prior to the start of construction, the details of the contract including schedules and traffic staging proposals, which may be given in stages concurrent with the plans submitted; (c) comply with the safety procedures in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, and any applicable legislation and industry standards; (d) not allow any track vehicle on the highway pavement; (e) not allow the cutting of fences without obtaining Approval from the Ministry; (f) not cut, trim or interfere with any trees without Approval from the Ministry; (g) protect any open pits to prevent access to them by unauthorised persons; (h) submit an operation plan to the Ministry, which shall contain the Town's normal practices for unloading material, anticipated hours of work, and all other related information which may be required by the Ministry; (i) ensure any large equipment or material placed within the highway right of way meets the clear zone offsets as provided for in the Roadside Design Manual and poses no risk to the travelling public; (j) notify the Ministry at least two (2) weeks prior to commencing any Highway Works, unless otherwise indicated in this Agreement or the Permits; (k) within seven (7) days of completion of any Highway Works, restore the site to a neat and tidy condition to the Ministry’s satisfaction; Page 233 of 246 9 (l) ensure that all blasting operations are Approved by the Ministry prior to the blasting operations; (m) co-ordinate the operations relating to the Highway Works so that interference with any Ministry activities is minimised; (n) protect the Highway Works during its construction activities from any Ministry construction or maintenance activity; (o) be responsible for the relocation of all utility (if any), that are required with respect to the Highway Works and that are not a tender item in the Highway Works. Any relocation of utilities shall be subject to the review and Approval of the Ministry. A Ministry Encroachment Permit(s) shall be obtained for all utility relocations that are required with respect to the Highway Works and that are not a tender item in the Highway Works; (p) repair to the Ministry’s satisfaction any damage to existing pipes, or other drainage facilities; (q) maintain proper drainage at all times; (r) remove any contaminated material that is disturbed as a result of the Highway Works and replace with approved material to the satisfaction of the Ministry’s representatives. All costs associated with the testing and appropriate disposal of contaminated material shall be the financial responsibility of the Town; and (s) backfill and compact fill material to the satisfaction of the Ministry. Any settlement as a result of installation must be remedied. 8.0 CONTRACT ADMINISTRATION AND QUALITY ASSURANCE 8.1 The Town shall: (a) be responsible for contract administration, inspection, testing and quality assurance in accordance with Ministry standards and specifications; (b) prepare a proposal for contract administration, inspection, testing and quality assurance requirements (the “Contract Administration and QA Proposal”) prior to construction of the Highway Works, and the Town shall submit the Contract Administration and QA Proposal to the Ministry for approval; Page 234 of 246 10 (c) hire a Ministry Approved engineering consulting firm that is qualified through the Ministry’s RAQS system to perform contract administration, inspection, testing and quality assurance (“Contract Administrator”) during the construction of the Highway Works for the Town and the Ministry, at the cost of the Town, and such Contract Administrator shall be Approved by the Ministry ; (d) ensure the minimum requirements for contract administration (e.g. inspection, testing and quality assurance) to be followed by the Contract Administrator are in accordance with the Ministry Construction Administration and Inspection Task Manual. (e) have the Contract Administrator arrange for a construction start-up meeting to be attended by the Town’s Contractor and Ministry representatives as deemed necessary by the Ministry. The start-up meeting shall take place not less than two (2) weeks prior to the anticipated construction start date, (f) provide the Ministry at the start-up meeting with the required Insurance Certificates, the contact information (phone, fax, email, emergency number’s, etc.) of the Town’s Contractor and Contract Administrator, contract schedule, traffic staging proposals, the operation plan and the Traffic Control Plan; (g) have the Contract Administrator maintain in form and detail satisfactory to the Ministry, records pertaining to the inspection of materials and workmanship and, when requested, make the records available for Ministry review and inspection; (h) have the Contract Administrator supervise and direct construction of the Approved Contractor constructing the Highway Works to the extent necessary to ensure the fulfilment of the contract in accordance with the Approved Design, for the Town and the Ministry; and (i) have the Contract Administrator decide all questions of the Approved Contractor relating to the Highway Works in compliance with the terms and conditions of this Agreement, for the Town and the Ministry. 8.2 The Ministry shall provide to the Town’s Contractor and Contract Administrator at the start-up meeting: (a) a copy of the Section 2.1 Permit(s); and Page 235 of 246 11 (b) a copy of the Designation of Construction Zone document, the Permission to Start Work document and the Maintenance Turnover Agreement to allow for the start of construction of the Highway Works. 8.3 The Town agrees to allow on-site audits by the Ministry during regular business hours. All books and records made pursuant to this Agreement shall be subject to inspection and audit for a period of six (6) years following the completion of the Highway Works. The Town shall accommodate audits at the discretion of the Ministry and on one (1) business day’s notice. 8.4 The Ministry has the right to carry out random tests and inspections of the Highway Works and the performance by the Town and its Contractor of this Agreement. In the event of any discrepancy between the Ministry’s test results and those of the Town and/or its Contractor, the Ministry’s results shall govern. 9.0 COMMENCEMENT OF HIGHWAY WORKS 9.1 The Town shall not authorize the Contractor to commence the Highway Works until it has: (a) received an executed copy of this Agreement; (b) received Approval of the Design; (c) received all Permits and Approvals from the Ministry; (d) received all authorizations required from other authorities; (e) given the Ministry written notice at least two (2) weeks prior to commencement of the construction of the Highway Works, after having received the Permits and Approvals, as required herein, from the Ministry; and (f) held a start-up meeting for the commencement of construction of the Highway Works. 9.2 The Ministry and the Town shall establish and agree upon a construction schedule, including a commencement date, before the Highway Works commences. Page 236 of 246 12 10.0 COMPLETION OF THE HIGHWAY WORKS 10.1 When, in the opinion of the Town, the Highway Works constructed under the Permits have been satisfactorily performed, and all money owed by the Town has been paid in full, and no lien has been filed in respect of the Highway Works, the Town shall submit written notice to the Ministry in the form of a letter as set out in Schedule “B” of this Agreement, and the Ministry shall cause the Highway Works to be inspected, and if the Ministry finds the Highway Works have been satisfactorily completed in accordance with the Approved contract drawings and documents, the Ministry shall give written notice that the Highway Works is accepted, and: (a) a one (1) year warranty period on all of the Highway Works will begin on the date that such written notice is provided to the Town by the Ministry and the Town will repair, at no cost or obligation to the Ministry, any and all defects to the Highway Works that arise during the one (1) year warranty period; and (b) upon the expiry of the one (1) year warranty period, the Ministry will thereafter be responsible for the Highway Works. 10.2 Prior to the Ministry’s acceptance of the Highway Works as set out in Section 10.1, the Town shall not open the Highway Works to the travelling public without the Ministry’s prior written Approval. 10.3 The Town shall deposit with the Ministry both a hard copy and an electronic version of the Design approved by a Professional Engineer of Ontario showing the as-constructed location of the Highway Works and the date of completion within ninety (90) days of the Ministry's acceptance provided pursuant to Section 10.1. 11.0 RISKS, INDEMNITY AND LIABILITY 11.1 The Town shall indemnify and save harmless the Ministry and its agents, from and against any claim, action, cause of action or liability from loss, damage, accident or injury in any manner arising due to, out of, from or in connection with the Highway Page 237 of 246 13 Works undertaken and performed by the Town, their agents or contractor under this Agreement, except for work negligently performed by the Ministry. 11.2 Solely for the purpose of Section 11.1 and Article 12, but not for the purpose of attributing vicarious liability to the Ministry, all Ministry contractors shall be deemed to be agents of the Ministry and thereby beneficiaries under these Sections. 12.0 LIABILITY INSURANCE 12.1 The Town, at its own expense, shall obtain and maintain either itself or via the prime contractor, during the period from the time of the application for the Article 2 Permits until the date of the Ministry’s written notice that the Highway Works are accepted under Section 10.1, 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 engaged in the Highway Works under this Agreement would maintain including, but not limited to, the requirements of Section 12.2. 12.2 The Section 12.1 policies shall include: (a) 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 $5,000,000. The policy is to include the following: i. the Ministry as an additional insured with respect to liability arising in the course of performance of the Highway Works, or otherwise in connection with this Agreement; ii. have the Town and the prime contractor constructing the Highway Works as named insureds in that policy; iii. contractual liability coverage; iv. cross-liability clause; v. 30 day written notice of cancellation, termination or material change; vi. non-owned automobile coverage with blanket contractual coverage for hired automobiles; and Page 238 of 246 14 (b) automobile insurance as per statutory requirement in Ontario and /or other jurisdictions, Ontario Automobile Policy (OAP1) Owner’s Policy Sections 3 and 4, auto liability for a limit not less than $2,000,000 per occurrence including Accident Benefits and where applicable Section 7, Loss or Damage Coverage. 12.3 The Town shall provide the Ministry with proof of the insurance required by this Agreement in the form of valid certificates of insurance that reference this Agreement and provide the same under Article 2 prior to the issuance of the Permits, and renewal replacements on or before the expiry of any such insurance. 13.0 DEFAULTS, REMEDIES AND TERMINATION 13.1 In the event of the Town: (a) failing to implement the Approved Design or construction of the Highway Works in accordance with this Agreement to the satisfaction of the Ministry; (b) failing to make, on demand of the Ministry, any payment or payments required to be made under this Agreement; (c) failing to do any act, matter or thing required to be done under this Agreement; or (d) becoming bankrupt, insolvent or subject to an execution in excess of one hundred thousand dollars ($100,000.00), then the Ministry may instruct the Town to discontinue all Highway Works, or provide another contractor to the satisfaction of the Ministry. The Ministry may then employ any means the Ministry deems necessary to do or complete any or all of the Highway Works and the Town shall have no claim against the Ministry for loss or damage caused by or resulting from any or all of the Highway Works being taken out of the control of the Town. The Town shall be chargeable with and shall remain liable for all loss, damage, expense, or cost which may be suffered by the Ministry by reason of the default, neglect, omission, bankruptcy, insolvency, or act of insolvency of the Town, and the Town shall be responsible for all costs of the Highway Works. 13.2 Nothing in Section 13.1 is to be construed as placing an obligation on the Ministry to complete, in whole or in part, the Highway Works. Page 239 of 246 15 13.3 If a lien is filed with the Ministry with respect to the Highway Works within the provisions of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, the Town at the cost of the Town shall resolve the lien. 14.0 PERMANENT ROAD NAME SIGNS AND REGULATORY SIGNS 14.1 The Town, at its own cost, shall be fully responsible for the cost of designing, supplying and installing permanent road name signs and regulatory signs. The design, supply and installation of the signs must be in accordance with the Ministry standards and specifications and in accordance with the King’s Highway Guide Signing Policy Manual. The Company must obtain all required road name signs and regulatory signs from the Ministry’s Provincial Sign Shop. 15.0 GOVERNING LAWS 15.1 This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada. 16.0 CONFLICTS 16.1 Where there is a conflict between this Agreement and the terms and conditions of other agreements that the Town may have entered into with another party pertaining to the Highway Works, including with the Contractor and/or other contractors, this Agreement governs. 17.0 NOTICES 17.1 Any notices to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by facsimile (as further specified below), or mailed by prepaid registered mail, or delivered by courier service. Subject to change by either party, upon written notice, notice shall be addressed as follows: Page 240 of 246 16 The Ministry: Dan Barber - Head, Corridor Management Section Ministry of Transportation Address: 659 Exeter Road London, ON N6E 1L3 Telephone: 519-873-4578 Facsimile: 519-873-4228 The Town: Cephas Panschow – Development Commissioner Town of Tillsonburg Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Telephone: 519-668-3009 ext. 3250 Facsimile: 519-688-0759 Such notices, shall be deemed to have been received by the party to whom it is mailed on the third business day following the posting, or on the day of delivery if provided by personal delivery, facsimile or courier. Provided that if an above day deemed for receipt is not a business day, such notice or other communication shall be deemed to have been received on the following business day. In the event of a postal strike, notice shall be provided by personal delivery, facsimile, or courier. 18.0 REPRESENTATIVE 18.1 The Town shall have a representative on the construction and/or maintenance site and provide the Ministry with the name of an official of the Town who may be contacted with respect to any of the Highway Works being carried out. 19.0 FINANCIAL REPORTING 19.1 The Town shall report to the Ministry, quarterly, on the actual eligible expenditures incurred and paid by the Town to date, plus a projected forecast or estimate of anticipated expenditures to the end of the Ministry’s fiscal year end, which generally is the end of March of each year, and a forecast of each future year’s eligible expenditures. The report that is to be provided in accordance with the provisions set out in this Section is to enable the Ministry to report the financial obligations to the Ontario Ministry of Finance. Page 241 of 246 17 19.2 The Town shall submit the report under Section 19.1 within 5 working days of the end of the reporting period, being the last calendar day of June, September, December and March of each year of the Highway Works. The project manager who is designated by the Town must sign each report. The Town shall, in writing, provide to the Ministry the designated project manager’s name and contact information and shall promptly inform the Ministry of any changes thereto. The Ministry will supply a reporting template that the Town shall be required to use for this purpose. 20.0 TIME OF THE ESSENCE 20.1 Time is of the essence of every provision of this Agreement. 21.0 CORPORATE AUTHORITY 21.1 The Town warrants that they have taken all necessary steps, done all acts, passed all by- laws and obtained all approvals within their power legally required to give them the authority to enter into this Agreement and do the Highway Works, maintenance and repair stated herein. Page 242 of 246 18 22.0 ASSIGNMENT 22.1 There shall be no assignment of any part of this Agreement by the Town without the express written consent of the Ministry. THIS AGREEMENT shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns. IN WITNESS OF ALL contained in this Agreement: SIGNED this day of , 20 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Minister of Transportation SIGNED AND SEALED this day of , 20 THE CORPORATION OF THE TOWN OF TILLSONBURG c.s. Stephen Molnar, Mayor ____________________________________ Donna Wilson, Clerk We have authority to bind the Town Page 243 of 246 19 SCHEDULE “A” to an Agreement between the Ministry of Transportation and The Corporation of the Town of Tillsonburg Illustration of Highway Works Page 244 of 246 20 SCHEDULE "B" to an Agreement between the Ministry of Transportation and The Corporation of the Town of Tillsonburg Notice Requesting Acceptance of Ministry’s Highway Works To: Ministry of Transportation (the date) Dear Sir/Madam: Re: Section 10.1 under an Agreement made the day of , 20 as to the Highway Works. The Highway Works are located on Highway 3 of the Ministry, in the area of Clearview Drive, in the Town of Tillsonburg in the County of Oxford. This certifies that: 1. The Highway Works have been constructed to completion under (and in compliance with): o the terms of the Agreement, o the standards and specifications of the MTO, and o the Approvals under Section 3.1, by the Town as provided for under the Agreement; and, 2. Without limiting item 1: o all costs to others for labour, material, services, or otherwise incurred or suffered have been paid in full or otherwise resolved; and o no liens by others exist on the date of this certificate as to any cost or matter, as provided for under the Agreement. The Town requests a site meeting for the acceptance of the Highway Works by the Ministry pursuant to Section 10.1 of the Agreement. , For the Town of Tillsonburg name: address: , P. Eng, Contract Administrator for the Town name: Town: address: Page 245 of 246 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4216 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 13th day of August, 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 August 13, 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 13th DAY OF AUGUST, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF AUGUST, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 246 of 246