190909 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Monday, September 9, 2019
4:30 PM
Council Chambers
200 Broadway, 2nd Floor
1.Call to Order
2.Closed Session
Proposed Resolution #1
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council move into Closed Session to consider:
a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which if
disclosed, could reasonably be expected to prejudice significantly the competitive
position or interfere significantly with the contractual or other negotiations of a
person, group of persons, or organization. (Town Hall Project)
l
a proposed or pending acquisition or disposition of land by the Town (Earle Street)l
3.Adoption of Agenda
Proposed Resolution #2
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Agenda as prepared for the Council meeting of Monday, September 9, 2019, 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 #3
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Minutes of the Council meeting of August 12, 2019 and September 4, 2019, be
approved.
7.Presentations
7.1 Volunteer of the Month - Christopher Kelly
Presented by: Collette Tackacs, Chair of the Cultural, Heritage and Special Awards
Advisory Committee and Mayor Molnar
8.Public Meetings
Proposed Resolution #4
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council move into the Committee of Adjustment to hear applications for Minor
Variance at 6:09 p.m.
8.1 Application for Minor Variance A10-19 (Myer)
Proposed Resolution #5
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Committee of Adjustment approve Application File A 10-19, submitted by
Bill and Mila Myer, for lands described as Lot 74, Plan M-59, Town of Tillsonburg, as
it relates to:
Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and
Structures, to increase the maximum permitted lot coverage from 50 m2 (538
ft2) to 65 m2 (700 ft2) to permit the construction of a second detached
accessory building, 15 m2 (160 ft2) in size;
1.
Subject to the following condition:
A building permit for the proposed accessory building shall be issued within
one year of the date of the Committee’s decision.
i.
8.2 Application for Minor Variance A11-19 (Christo)
Proposed Resolution #6
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Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Committee of Adjustment approve Application File A11-19, submitted by
Dalm Construction Ltd (Christo) for lands described as Lot 32, Plan 41M-218 in the
Town of Tillsonburg as it relates to:
Relief from Section 6.2, Low Density Residential Type 1 Zone Provisions
(R1) – Lot Coverage, to increase the maximum permitted lot coverage from
33% to 35% to facilitate the construction of a single detached dwelling,
1.
Subject to the following condition:
A building permit for the single detached dwelling shall be issued within one
year of the date of the Committee's decision.
i.
Proposed Resolution #7
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council move out of the Committee of Adjustment and move back into regular
Council session at 6:48 p.m.
9.Planning Applications
10.Delegations
10.1 Drainage Issues
Presented by: Maurice Temoin
Proposed Resolution #8
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive the delegation of Maurice Temoin, as information.
11.Deputation(s) on Committee Reports
12.Information Items
12.1 Ministry of Finance - Ontario Cannabis Legalization Implementation Fund (OCLIF)
Proposed Resolution #9
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receive the Ministry of Finance letter regarding the Ontario Cannabis
Legalization Implementation Fund, as information.
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12.2 Letter to Council - Fillion and Perry
Proposed Resolution #10
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receive the letter from Rosanne Fillion and Ashley Perry requesting
Council's support, as information.
AND THAT Council direct staff to work in partnership with the County of Oxford to
review pedestrian crossing activity along the Tillson Avenue corridor between
Concession Street and North Street.
Motion
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT a message and petition from Ashley Schultz regarding supporting a cross
walk at 4th Street at Tillson be received and forwarded to the County.
12.3 Ministry of Municipal Affairs and Housing - Bill 108, More Homes, More Choice Act,
2019
Proposed Resolution #11
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receive the Ministry of Municipal Affairs and Housing letter regarding
Bill 108, More Homes, More Choice Act, 2019, as information.
13.Staff Reports
13.1 Chief Administrative Officer
13.1.1 HR 19-09 Interim CAO Recruitment
Proposed Resolution #12
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives HR 19-09 Interim Chief Administrative Officer
Recruitment as information;
AND THAT Council Authorize the Mayor and Clerk to enter into an
Agreement with RS & Associates;
AND THAT By-Law 4341, to appoint Ron Shaw as Interim Chief
Administrative Officer be brought forward for Council’s consideration.
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13.2 Clerk's Office
13.2.1 CLK 19-22 Local Court Security Advisory Committee
Proposed Resolution #13
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Report CL 19-22, Local Court Security Advisory Committee – Town
of Tillsonburg Representative, be received;
AND THAT the Town of Tillsonburg recommends the appointment of Larry
Scanlan, Chair of the Tillsonburg Police Service Board, to the Local Court
Security Advisory Committee.
13.2.2 CLK 19-23 BIA Board of Management Resignations
Proposed Resolution #14
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives Report CLK 19-23 BIA Board of Management
Resignations;
AND THAT By-Law 4338 to amend By-Law 4260, be brought forward for
Council consideration.
13.3 Development and Communication Services
13.3.1 DCS 19-25 Appointment of By-Law Enforcement Officer
Proposed Resolution #15
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receives Report DSC 19-25 Appointment of By-Law
Enforcement Officer as information;
AND THAT By-Law 4339 to appoint Cameron Cyr as a By-Law
Enforcement Officer for the Town of Tillsonburg, be brought forward for
Council's consideration.
13.3.2 DCS 19-26 Building, Planning and By-Law Services CO-OP Student and
Intership
Proposed Resolution #16
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
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THAT Council receives Report DCS 19-26 Building, Planning, By-Law
Services CO-OP Student and Internship, as information;
AND THAT Council continues to support the requirements set in the
Ontario Building Code Act to ensure adequate staffing are in place to
administer the Ontario Building Code;
AND FURTHER THAT Council direct staff to proceed in establishing the
Building, Planning, By-Law Office Assistant – CO-OP Student and Building
Services Inspector Internship positions and recruitment process.
13.4 Finance
13.4.1 FIN 19-16 Auditor's Management Letter Report
Proposed Resolution #17
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receive Report FIN 19-16 Auditor’s Management Letter
Report, as information.
13.4.2 FIN 19-17 Turtlefest Loan Repayment
Proposed Resolution #18
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT Council receives FIN 19-17 Turtlefest Loan Repayment, as
information.
13.4.3 FIN 19-20 2018 Financial Statement Reconciliation
Proposed Resolution #19
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive Report FIN 19-20 2018 Financial Statement
Reconciliation, as information.
13.4.4 FIN 19-21 2018 Surplus Allocation
Proposed Resolution #20
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives report FIN 19-21 2018 Surplus Allocation, as
information;
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AND THAT Council approve the allocation of the 2018 surplus of $54,461
be contributed to specific reserves; Fleet & Equipment $50,000; and the
balance to Tax Rate Stabilization $4,461.
13.5 Fire and Emergency Services
13.6 Operations
13.7 Recreation, Culture & Park Services
13.7.1 RCP 19-35 RFT 2019-013 Annandale Diamond Lighting Enhancements
Proposed Resolution #21
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives Report RCP 19-35 RFT 2019-013 Annandale
Diamond Lighting Enhancements;
AND THAT Council cancel RFT 2019-13;
AND THAT the Annandale Diamond Lighting Enhancements are
considered during the 2020 Budget deliberations.
13.7.2 RCP 19-36 RZone Policy – Responsible Behaviour in Recreation Spaces
Proposed Resolution #22
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives Report RCP 19-36 RZone Policy - Responsible
Behaviour in Recreation Spaces;
AND THAT By-Law 4340 to adopt an RZone Policy, be brought forward for
Council's consideration.
13.7.3 RCP 19-37 Aquatic Facility Upgrades in Tillsonburg
Proposed Resolution #23
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Report RCP Aquatic Facility Upgrades in Tillsonburg be received;
AND THAT Staff prepare a submission for the Investing in Canada
Infrastructure Program’s Community, Culture and Recreation Stream 2019
funding intake;
AND THAT the submission incorporates a major upgrade to the Tillsonburg
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Community Centre using the MJMA Report as a guideline;
AND THAT the submission incorporate funding for a splash pad (site
undetermined) and revitalization of the Lake Lisgar Waterpark area;
AND THAT up to $20,000 from budgeted aquatic design study for
application options to be brought back to Council.
13.7.4 RCP 19-38 Auditorium Kitchen Upgrade Update
Proposed Resolution #24
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Report RCP 19-38 Auditorium Kitchen Upgrade Update be received,
as information.
14.New Business
15.Consideration of Committee Minutes
15.1 Committee Minutes
Proposed Resolution #25
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receive the Cultural, Heritage and Special Awards Advisory
Committee Minutes date August 7, 2019, the Transit Advisory Committee Minutes
dated August 20, 2019 and the Airport Advisory Committee Minutes dated August
15, 2019, as information.
15.2 Long Point Region Conservation Authority Board of Director Minutes
Proposed Resolution #26
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receive the Long Point Region Conservation Authority Board of
Director Minutes dated July 3, 2019 and August 7, 2019, as information.
16.Motions/Notice of Motions
17.Resolutions/Resolutions Resulting from Closed Session
18.By-Laws
18.1 By-Law 4338, To Amend By-Law 4260 To Appoint Directors to the BIA Board of
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Management
18.2 By-Law 4339, To Appoint a By-Law Enforcement Officer Cameron Cyr
18.3 By-Law 4340, To Adopt an Rzone Policy
18.4 By-Law 4341, To Appoint an Interim CAO
Proposed Resolution #27
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 4338, To Amend By-Law 4260 To Appoint Directors to the BIA Board
of Management; and
By-Law 4339, To Appoint Cameron Cyr as a By-Law Enforcement Officer; and
By-Law 4340, To Adopt an RZone Policy; and
By-Law 4341, To Appoint an Interim CAO, 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 #28
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 4337, to Confirm the Proceedings of the Council Meeting held on September
9, 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 #29
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Council meeting of Monday, September 9, 2019, be adjourned at 9:08 p.m.
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1
MINUTES
Monday, August 12, 2019
4:30 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kevin De Leebeeck, Director of Operations
Dave Rushton, Director of Finance
Rick Cox, Director of Recreation, Culture and Parks
Lana White, Deputy Clerk/Executive Assistant
Amelia Jaggard, Legislative Services Coordinator
Terry Saelens, Acting Fire Chief
Regrets: David Calder, CAO
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:30 p.m.
2. Closed Session
Resolution # 1
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council move into Closed Session to consider:
- personal matters about an identifiable individual, including Town employees
(Recruitment);
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- a proposed or pending acquisition or disposition of land by the Town (Earle
Street).
Carried
3. Adoption of Agenda
Resolution # 2
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Agenda as prepared for the Council meeting of Monday, August 12,
2019 be adopted.
Carried
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 3
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Minutes of the Council Meeting of July 8, 2019 and the Special Council
Meeting of July 24, 2019 be approved.
Carried
7. Presentations
7.1 Century Plaque Presentation to Maurice Verhoeve, 262 Broadway
Mayor Molnar presented the Century Plaque for 262 Broadway to Maurice
Verhoeve.
7.2 2018 Municipal Financial Audit
Christene Scrimgeour appeared before Council to present an overview of
the 2018 Municipal Financial Audit.
An independence letter is no longer required.
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3
Opportunity was provided for comments and questions from Council.
Resolution # 4
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council approves the 2018 Draft Financial Statements as
presented;
AND THAT the 2018 Management Letter be received;
AND THAT Staff prepare a report to Council regarding the Management
Letter.
Carried
8. Public Meetings
Resolution # 5
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council move into the Committee of Adjustment to hear applications for
Minor Variance at 6:26 p.m.
Carried
8.1 Application for Minor Variance A-09/19 - 14 Victoria Way (Frances
Tong)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application.
Opportunity was provided for comments and questions from Council.
The applicant, Richard Smith, appeared before Council in support of the
application.
No members of the public appeared before Council either in support or
opposition to the application.
Resolution # 6
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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4
THAT the Committee of Adjustment approves Application File A-09/19,
submitted by Frances Tong, for lands described as Lot 35, Plan 41M-241,
Town of Tillsonburg, as it relates to:
1. Relief from Section 6.2, – Zone Provisions (R1A) - Rear Yard Minimum
Depth, to reduce the required rear yard depth from 10.5 m (34.5 ft) to
7.18 m (23.5 ft) to facilitate the construction of a sunroom addition;
2. Relief from Section 6.2, – Zone Provisions (R1A) - Maximum Permitted
Lot Coverage, to increase the maximum permitted lot coverage from
35% to 37% of lot area, to facilitate the construction of a sunroom
addition.
Subject to the following conditions:
i. A building permit for the proposed sunroom addition shall be issued
within one year of the date of the Committee's decision;
ii. The relief granted by this application shall only apply to the proposed
sunroom addition as illustrated on Plate 3 of Planning Report CP 2019-
241.
Carried
Resolution # 7
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council move out of the Committee of Adjustment and move back
into regular Council session at 6:32 p.m.
Carried
9. Planning Applications
10. Delegations
10.1 Exemption from Zoning By-Law
Robert Shaw was not present.
10.2 Multi-Use Recreational Trail Update
Tim Tompson, Chair of a Norwich Community Group for trails, appeared
before Council to provide an update on a proposed new multi-use
recreational trail planned to connect to existing trails in Tillsonburg.
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The group is interested in working in partnership with the Town of
Tillsonburg to connect with the current trails system.
Opportunity was provided for comments and questions from Council.
Resolution # 9
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Delegation of Tim Thomson in regards to a proposed new multi-
use recreational trail between Norwich and Tillsonburg be received, as
information.
Carried
10.3 Tillsonburg Tri County Agricultural Fair Board
Rosemary Dean, President of the Tillsonburg Tri County Agricultural
Fairboard, appeared before Council to provide an overview of the
upcoming Tillsonburg Tri County Agricultural Fair on August 16-18, 2019.
The Fairboard is requesting $1,000.00 to pay for an alternative
entertainment option on the Saturday evening in replace of the cancelled
Talent Show, as the Fairboard had not budgeted for this expense.
Motion:
Moved by: Councillor Rosehart
Seconded by: Councillor Gilvesy
RESOLVED To provide the Fairboard with $1,000.00 to be used to
provide entertainment on Saturday, August 17 to fill the void created by
the cancellation of the talent show.
Carried.
Resolution # 10
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Delegation of Rosemary Dean regarding the upcoming
Tillsonburg Tri County Agrilcultural Fair be received, as information.
Carried
11. Deputation(s) on Committee Reports
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11.1 DCS 19-20 Town Hall Project Committee - Status Update and Public
Consultation
John Veldman was not present.
The Development Commissioner appeared before Council to provide an
update from the Town Hall Project Committee.
Staff to provide an update on the planned public engagement sessions
and the proposal packages from each proponent for Council's review at
the Council Meeting of September 9, 2019.
Resolution # 11
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives Report DCS 19-20 Town Hall Project Committee –
Status Update and Public Consultation, as information.
Carried
12. Information Items
13. Quarterly Reports
13.1 FIN 19-15 2019 Second Quarter Town Consolidated Results
Resolution # 12
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT Council receives Report FIN 19-15 2019 Second Quarter Town
Consolidated Results, as information.
Carried
13.2 FIN 19-14 2019 Second Quarter Corporate Services Results
13.3 DCS 19-24 2019 Second Quarter Economic Development and
Marketing Results
13.4 DCS 19-21 2019 Second Quarter Building, Planning & By-Law
Services Results
13.5 FRS 19-07 2019 Second Quarter Fire Services Results
13.6 OPS 19-34 2019 Second Quarter Operations Services Results
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13.7 RCP 19-35 2019 Second Quarter Recreation Culture and Parks
Results
Staff to specify project completion dates by quarter in quarterly reports
going forward.
Staff to provide an overview of projects that will carry over to the following
year for consideration during 2020 budget discussions.
Staff to provide a report regarding signage options in parks at the Council
Meeting of September 9, 2019.
Resolution # 13
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT Council receive the 2019 Second Quarter Department Results, as
information.
Carried
14. Staff Reports
14.1 Chief Administrative Officer
14.1.1 HR 19-07 CAO Recruitment
Ashley Andrews, Human Resources Manager, was present to
answer questions.
Resolution # 14
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives Report HR 19-07 CAO Recruitment;
AND THAT Council select option 3 for the full time CAO
Recruitment;
AND THAT Council approve the Terms of Reference and appoint
the Mayor and Councillor Esseltine and Councillor Gilvesy to the
CAO Recruitment Committee led by the Manager of Human
Resources to report September 9, 2019.
Carried
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14.2 Clerk's Office
14.2.1 CLK 19-20 Flag Policy Update
Motion:
Moved by: Councillor Esseltine
Seconded by: Councillor Parker
THAT a member of Canadian Forces from the Town of Tillsonburg,
a member of local EMS, Tillsonburg Firefighters, and Police
Services fallen in the line of duty be included in section 2.3 of the
Flag Policy.
Carried.
Resolution # 15
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive Report CLK 19-20 Flag Policy Update;
AND THAT By-Law 4327 to adopt a Flag Policy and to repeal By-
Law 3769, be brought forward for Council’s consideration.
Carried
14.2.2 CLK 19-21 BIA Board of Management Additional Appointments
Resolution # 16
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives Report CLK 19-21 BIA Board of
Management Additional Appointments;
AND THAT By-Law 4334, to amend By-Law 4260, be brought
forward for Council consideration.
Carried
14.3 Development and Communication Services
14.3.1 DCS 19-23 Funding Agreement for 95 Spruce Street
Community Improvement Plan Application
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Resolution # 17
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receive Report DCS 19-23 Funding Agreement for
95 Spruce St Community Improvement Plan Application;
AND THAT a by-law to enter into a Community Improvement Plan
funding agreement with Otter Valley Foods Inc be brought forward
for Council’s consideration.
Carried
14.4 Finance
14.5 Fire and Emergency Services
14.6 Operations
14.6.1 OPS 19-35 TGO Fare Rate Structure and Launch Update
Resolution # 18
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives Report OPS 19-35 T:GO Fare Rate
Structure and Launch Update;
AND THAT a By-Law to amend By-Law 4251, 2019 Rates and
Fees, to include the Fare Rate Structure for the T:GO in-town
service be brought forward for Council consideration.
Carried
14.6.2 OPS 19-36 Inter-Community Transportation Grant Program
Transfer Payment Agreement
Resolution # 19
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives Report OPS 19-36 Inter-Community
Transportation Grant Program Transfer Payment Agreement;
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AND THAT the Town of Tillsonburg supports the Inter-Community
Transportation Project and is committed to its implementation by
January 2020;
AND FURTHER THAT the Town of Tillsonburg agrees to receiving
and being responsible for the Community Transportation Grant
Program funds from the Province of Ontario;
AND FURTHER THAT a By-law to execute the Transfer Payment
Agreement with the Province of Ontario be brought forward for
Council consideration.
Carried
14.6.3 OPS 19-37 Connecting Link Program Contribution Agreement
Resolution # 20
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives Report OPS 19-37 Connecting Link
Program Contribution Agreement;
AND THAT a By-Law to execute the Connecting Link Contribution
Agreement with the Province of Ontario be brought forward for
Council consideration.
AND FURTHER THAT Council authorizes the use of Asset
Management Reserves to fund the Town's portion of project costs
in 2019.
Carried
14.6.4 OPS 19-38 Rogers Utility Lease Amending and Extension
Agreement Renewal
Resolution # 21
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives Report OPS 19-38 Rogers Utility Lease
Amending and Extension Agreement Renewal;
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AND FURTHER THAT a By-Law to execute the Lease Amending
and Extension Agreement with Rogers Communications Inc. be
brought forward for Council consideration.
Carried
14.6.5 OPS 19-39 Airport Hanger Land Lease Taxiway G3 Lot 1 and 2
Resolution # 22
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives Report OPS 19-39 Airport Hanger Land
Lease Agreement Taxiway G3 Lot 3;
AND THAT a By-Law to execute the Airport Hanger Land Lease
Agreement with Dan Springer be brought forward for Council
consideration.
Carried
14.6.6 OPS 19-40 Airport Hanger Land Lease Amendment Taxiway G3
Lot 3
Resolution # 23
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives Report OPS 19-40 Airport Hangar Land
Lease Amendment Taxiway G3 Lot 3;
AND THAT Council authorizes the Airport Hangar Land Lease
Amendment with #1474528 Ontario Inc. / Dave Hewitt.
Carried
14.7 Recreation, Culture & Park Services
14.7.1 RCP 19-29 Awarding RFT 2019-005 – Auditory Upgrades
Resolution # 24
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
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THAT Council receives Report RCP 19-29 – Awarding RFT 2019-
005 - Auditory Upgrades;
AND THAT Council award RFT 2019-005 to Dynamix London Inc.
at a cost not to exceed their adjusted bid price of $48,692 before
taxes.
Carried
14.7.2 RCP 19-30 Terms of Reference for Tillsonburg Dog Park
Advisory Committee
Resolution # 25
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives Report RCP 19-30 Terms of Reference for
Tillsonburg Dog Park Advisory Committee;
AND THAT Council establishes the Tillsonburg Dog Park Advisory
Committee and directs staff to initiate the advertising and
appointment process.
Carried
14.7.3 RCP 19-31 RFT Award - Station Arts Life and Fire Safety
Upgrades
Resolution # 26
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives Report RCP 19-31 Awarding RFT 2019-014
– Station Arts Life and Fire Safety Upgrades;
AND THAT Council awards RFT 2019-014 to PK Construction Inc.
for $164,103.03 before taxes;
AND THAT Council approves bringing forward the roof shingle
replacement for the Station Arts Centre from a 2020 project to a
2019 project.
Carried
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14.7.4 RCP 19-34 Summer Place Alternative Service Agreement
Resolution # 27
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives Report RCP 19-34 Alternative Service
Agreement;
AND THAT a By-Law to authorize the 10-year Lease Agreement
with E & E McLaughlin Ltd. for Summer Place be brought forward
for Council consideration.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Committee Minutes
Resolution # 28
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives the Tillsonburg Airport Advisory Committee
Minutes dated June 20, 2019, the Town Hall Project Steering Committee
Minutes dated June 24, 2019 and July 8, 2019, the Parks, Beautification
and Cemetery Advisory Committee Minutes dated July 4, 2019 and
August 1, 2019, the Economic Development Advisory Committee Minutes
dated July 9, 2019, and the Tillsonburg Transit Advisory Committee
Minutes dated July 16, 2019.
Carried
16.2 Business Improvement Area Board of Management
Resolution # 29
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives the Business Improvement Area Board of
Management Minutes dated April 25, 2019, May 9, 2019, May 14, 2019
and June 20, 2019, as information.
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Carried
17. Motions/Notice of Motions
17.1 Lions Auditorium Kitchen Update
Resolution # 30
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Staff provide an update report on the Lions Auditorium Kitchen
upgrade at the September 9, 2019 Council Meeting.
Carried
17.2 Town Merchandise Sales - One-Year Report
Resolution # 31
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Staff provide a report on the Town Merchandise Sales from year
one to 2019 at the September 23, 2019 Council Meeting.
Carried
17.3 Material Stored at Community Centre Grounds
Resolution # 32
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Staff bring back possible secure storage solutions with regards to
materials at Community Centre.
Carried
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 4326, To Authorize a Community Transportation Grant
Program Agreement
19.2 By-Law 4327, To Adopt a Flag Policy and to Repeal By-Law 3769
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15
19.3 By-Law 4328, To Amend By-Law 4251, Rates & Fees
19.4 By-Law 4331, To Authorize Airport Hangar Land Lease Agreement
(Springer)
19.5 By-Law 4332, To Execute the Connecting Link Contribution
Agreement with Her Majesty The Queen In Right of Ontario
19.6 By-Law 4333, To Execute a Lease Amending and Extension
Agreement with Rogers Communications Inc.
19.7 By-Law 4334, To Amend By-Law 4260 To Appoint Directors to the
BIA Board of Management
19.8 By-Law 4335, to Execute a Lease Agreement with E&E McLaughlin
Ltd.
19.9 By-Law 4336, to Authorize a Community Improvement Plan Funding
Agreement with Otter Valley Foods Inc.
Resolution # 33
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT By-Law 4326, To Authorize a Community Transportation Grant
Program Agreement; and
By-Law 4327, To Adopt a Flag Policy and to Repeal By-Law 3769; and
By-Law 4328, To Amend By-Law 4251, Rates & Fees; and
By-Law 4331, To Authorize Airport Hangar Land Lease Agreement
(Springer); and
By-Law 4332, To Execute the Connecting Link Contribution Agreement
with Her Majesty The Queen In Right of Ontario; and
By-Law 4333, To Execute a Lease Amending and Extension Agreement
with Rogers Communications Inc.; and
By-Law 4334, To Amend By-Law 4260 To Appoint Directors to the BIA
Board of Management; and
By-Law 4335, to Execute a Lease Agreement with E&E McLaughlin Ltd.;
and
By-Law 4336, to Authorize a Community Improvement Plan Funding
Agreement with Otter Valley Foods Inc. be read for a first, second, third
Page 24 of 225
16
and final reading and that the Mayor and the Clerk be and are hereby
authorized to sign the same, and place the corporate seal thereunto.
Carried
20. Confirm Proceedings By-law
Resolution # 34
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT By-Law 4330 to Confirm the Proceedings of the Council Meeting held on
Monday, August 12, 2019 be read for a first, second, third and final reading and
that the Mayor and the Clerk be and are hereby authorized to sign the same, and
place the corporate seal thereunto.
Carried
21. Items of Public Interest
The T:GO transit service will be relaunching as a fixed route system on August
20, 2019. Staff will be at the Tillsonburg Tri County Agricultural Fair sharing
information about the new system and handing out free single ride passes.
The Tillsonburg Tri County Agricultural Fair is August 16-18, 2019.
There will be a Car Show and Drive-In Movie Night event on Saturday, August
24, 2019 at 7 Ross Street, Tillsonburg.
Good Vibrations, a tribute to the Music of the Beach Boys, will be held on
Friday, August 23 at 8:00 p.m. at the Tillsonburg Community Centre Auditorium.
There will be a Pre-Budget Council Meeting on Thursday, Septemeber 12, 2019
from 5:00 p.m. to 9:00 p.m.
The Tillsonburg Legion will be hosting Songs and Stories with Taw Connors, son
of Stompin Tom, on Saturday, August 24, 2019 starting at 7:00 p.m.
Sunday, August 18, 2019 is Decoration Day at the Tillsonburg Cemetery. The
Tillsonburg Legion will be hosting a program at the Cemetery Office from 2:00
p.m. to 3:00 p.m. All are welcome.
22. Adjournment
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17
Resolution # 35
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Council Meeting of Monday, August 12, 2019 be adjourned at 9:15
p.m.
Carried
Page 26 of 225
1
MINUTES
Wednesday, September 4, 2019
4:00 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Ashley Andrews, HR Manager
Donna Wilson, Town Clerk
_____________________________________________________________________
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 Gilvesy
THAT the Agenda as prepared for the Council Meeting of Wednesday,
September 4, 2019 be adopted.
Carried
3. Closed Session
Resolution # 2
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council move into Closed Session to consider:
Page 27 of 225
2
personal matters about an identifiable individual, including Town employees
(Interim CAO Recruitment)
Carried
4. Adjournment
Resolution # 3
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT the Council Meeting of Monday, September 4, 2019, be adjourned at 4:21
p.m.
Carried
Page 28 of 225
Community Planning
P. O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-421-4712
Web site: www.oxfordcounty.ca
Our Files: A 10-19
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: September 9, 2019
REPORT NUMBER: 2019-267
OWNERS/ APPLICANTS: Bill and Mila Myer
153 Concession Street, East
Tillsonburg ON, N4G 1P8
REQUESTED VARIANCE:
Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase
the maximum permitted lot coverage for residential accessory buildings from 50 m2 (538 ft2) to 65
m2 (700 ft2) to permit the construction of a detached accessory building.
The proposed variance has been requested to permit the placement of one additional residential
accessory building on the subject lands, approximately 15 m2 (160 ft2) in size, in addition to an
existing accessory building, 50 m2 (538 ft2) in size.
LOCATION:
The subject lands are described as Lot 74, Plan M-59, in the Town of Tillsonburg. The subject
property is located on the south side of Concession Street East, lying between Parkwood Drive
and Maple Lane, and is municipally known as 153 Concession Street East.
BACKGROUND INFORMATION:
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1)
Page 29 of 225
File Number: A 10-19 Report Number 2019-267
Page 2
SURROUNDING USES: surrounding uses include low density residential uses, consisting of
single detached dwellings, as well as townhouse dwellings to the north
and open space lands (baseball diamonds) to the northeast.
COMMENTS:
(a) Purpose of the Application:
The applicants are requesting relief from the above noted provision of the Town Zoning By-law to
facilitate the construction of a detached accessory building on the subject lands.
The subject property is approximately 837.24.17 m2 (9000 ft2) in size and contains a single
detached dwelling with an attached garage, built in approximately 1997, as well as an existing
residential accessory building, approximately 50 m2 (538.2 ft2) in size. The applicants are
proposing to construct one additional residential accessory building on the subject lands,
approximately 15 m2 (160 ft2) in size for additional storage space.
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the
zoning in the immediate vicinity.
Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the subject lands
and surrounding properties.
Plate 3 Applicants’ Sketch, shows the dimensions of the proposed accessory building. Note that
the proposed accessory building is labelled as “existing shed to be removed”, while the existing
accessory building on the subject lands is shown as “proposed shed”.
(b) Agency Comments
The County of Oxford Public Works Department, the Town of Tillsonburg Building Department
and the Town of Tillsonburg Fire Department have indicated they have no concerns with the
proposal.
Public Notice was mailed to surrounding property owners on August 30, 2019. As of the writing
of this report, no concerns have been received from the public.
(c) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the County’s Official
Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of
low density housing forms including single detached dwellings, duplexes and street fronting town
houses and their accessory uses. The use of the lands for a single detached dwelling and
accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan.
(d) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘R1’, which permits a single detached dwelling.
Provisions respecting accessory buildings and structures are outlined in Table 5.1.1.4-
Regulations for Accessory Buildings and Structures. Structures accessory to a residential use
are permitted to occupy up to 10% of the lot area, or 50 m2 (538 ft2) of gross floor area, whichever
is less. The lot coverage provisions for accessory structures are intended to ensure that
Page 30 of 225
File Number: A 10-19 Report Number 2019-267
Page 3
accessory uses and structures remain clearly secondary to the main residential use of the
property and have minimal impact on neighbouring properties, while ensuring sufficient space is
maintained on private property for grading and drainage, as well as private parking and amenity
areas.
In this instance, the requested relief would facilitate one additional detached accessory structure,
approximately 15 m2 (160 ft2) in size, that would result in a total lot coverage of 65 m2 (700 ft2) of
residential accessory building coverage, which results in an overall lot coverage of 7.7% of the
total lot area, which is less than the maximum 10% coverage for residential accessory buildings,
as provided in the Zoning By-law. Further, staff are satisfied that sufficient space will remain
available on the property for proper drainage and rear yard amenity area. As such, staff are of
the opinion that the proposal maintains the intent of the Town’s Zoning By-law.
(e) Desirable Development/Use:
Notwithstanding that the requested lot coverage of the proposed accessory structure is larger
than what is typically permitted, in this case, Planning staff are satisfied that the proposed
accessory structure is in keeping with the general purpose and intent of the Official Plan and
Zoning By-law, and is desirable development for the subject lands.
Overall, staff are satisfied that the presence of the proposed accessory building is unlikely to
negatively impact any adjacent properties, and it is noted that an approved lot grading plan will
be required as part of the building permit application to ensure the presence of the accessory
building will not negatively impact surrounding properties. Further, staff are satisfied that approval
of the applicant’s request will not establish an undesirable precedent.
In light of the foregoing, it is the opinion of the Planning Office that the requested relief maintains
the general intent of the Official Plan and the Zoning By-law and can be given favorable
consideration.
Page 31 of 225
File Number: A 10-19 Report Number 2019-267
Page 4
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A 10-19,
submitted by Bill and Mila Myer, for lands described as Lot 74, Plan M-59, Town of Tillsonburg,
as it relates to:
1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to
increase the maximum permitted lot coverage from 50 m2 (538 ft2) to 65 m2 (700 ft2) to
permit the construction of a second detached accessory building, 15 m2 (160 ft2) in size;
Subject to the following condition:
i) A building permit for the proposed accessory building shall be issued within one
year of the date of the Committee’s decision.
As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: Heather St. Clair, MCIP RPP, Development Planner
Approved by: Eric Gilbert, MCIP, RPP, Senior Planner
Page 32 of 225
August 8, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
1380
Notes
NAD_1983_UTM_Zone_17N
69 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Source Protection Screening
GRCA Reg Limit (dl12/2018)
UTRCA Reg Limit
(dl10/2018)
LPRCA Reg Limit
(dl12/2018)
CCCA Reg Limit (circa
2006)
Waste Sites (From OP)
Active
Closed
Landfills (From OP)
Active
Closed
Oil and Gas Wells (From
OP)
Known Abandoned Oil or Gas
Well
Known Producer Oil or Gas Well
Status of Well Not Listed
Airport Noise Contour
(SWOx)
Wind Turbines
Erosion Hazard Lands
(From OP)
Environmental Protection
Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 1: Location Map with Existing Zoning
File No: A 10-19: Myer
Lot 74, Plan M-59, 153 Concession Street East, Tillsonburg
Concession
Street East
Subject
Lands
Page 33 of 225
August 8, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
350
Notes
NAD_1983_UTM_Zone_17N
17 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Source Protection Screening
GRCA Reg Limit (dl12/2018)
UTRCA Reg Limit
(dl10/2018)
LPRCA Reg Limit
(dl12/2018)
CCCA Reg Limit (circa
2006)
Waste Sites (From OP)
Active
Closed
Landfills (From OP)
Active
Closed
Oil and Gas Wells (From
OP)
Known Abandoned Oil or Gas
Well
Known Producer Oil or Gas Well
Status of Well Not Listed
Airport Noise Contour
(SWOx)
Wind Turbines
Erosion Hazard Lands
(From OP)
Environmental Protection
Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2: Close-up of Subject Lands (2015 Air Photo)
File No: A 10-19: Myer
Lot 74, Plan M-59, 153 Concession Street East, Tillsonburg
Concession
Street East
Subject
Lands
Page 34 of 225
Plate 3: Applicants' Sketch File No: A 10-19: Myer Lot 74, Plan M-59, 153 Concession Street East, TillsonburgPage 35 of 225
Page 36 of 225
Page 37 of 225
A10-19000410433
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Community Planning
P. O. Box 1614, Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-537-5513
Web site: www.oxfordcounty.ca
Our File: A 11-19
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: September 9, 2019
REPORT NUMBER: 2019-275
OWNERS / APPLICANTS: Paul and Susana Christo
41 King Street Upper, Tillsonburg ON, N4G 3E6
AGENT: Dalm Construction
41 King Street, Tillsonburg ON, N4G 3E6
REQUESTED VARIANCE:
Relief from Section 6.2, Low Density Residential Type 1 Zone Provisions (R1) - Lot
Coverage, to increase the maximum permitted lot coverage from 33% to 35% to facilitate the
construction of a single detached dwelling.
LOCATION:
The subject property is described as Lot 32, Plan 41M-218 in the Town of Tillsonburg. The lands
are located on the east side of Allen Street, between Belmont Avenue and Brookside Lane, and
are municipally known as 130 Allen Street in the Town of Tillsonburg.
BACKGROUND INFORMATION:
OFFICIAL PLAN: Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW: Special Low Density Residential Type 1 Zone (R1-13) with
a portion at the rear of the property affected by the Long
Point Region Conservation Authority’s Regulation Limit
SURROUNDING USES: Surrounding uses include a number of recently
constructed single detached dwellings, as well as
vacant land, designated for single detached
dwellings and open space lands to the east.
Page 44 of 225
File No. A11-19 Report No. 2019-275
Page 2
COMMENTS:
(a) Purpose of the Application:
The applicants have requested the above-noted relief from the lot coverage provisions of the
Town Zoning By-law to facilitate the construction of a single detached dwelling and have
indicated that the requested increase in lot coverage is necessary to facilitate their desired
dwelling design.
The subject lands are approximately 734.4 m2 (7,905 ft2) in size, with approximately 18 m (59 ft)
of frontage on Allen Street. The subject lands are currently vacant and a 253.8 m2 (2,731.8 ft2)
dwelling is proposed, which will result in a total lot coverage of approximately 35% of the lot area.
Surrounding land uses are predominately comprised of low density residential uses to the north,
west and south and open space lands to the east.
Plate 1: Location Map with Existing Zoning shows the location of the subject lands and the
current zoning in the immediate vicinity.
Plate 2: Close-up of Subject Lands (2015 Air Photo) shows a close up view of the subject lands and
surrounding area.
Plate 3: Applicants’ Sketch illustrates the location and setbacks of the proposed single detached
dwelling.
(b) Agency Comments
The Town Building Department and the County of Oxford Public Works Department have
commented that they have no concerns with the proposal.
Public notification of the application for minor variance was circulated to surrounding property
owners on August 30, 2019. As of the writing of this report, no correspondence has been
received from the public
(c) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ in the County’s Official Plan which is
intended for the development of low density housing forms, consisting of single and semi-
detached dwellings, as well as town house development. The applicants are proposing the
construction of a single detached dwelling which is in keeping with the intent of the Official Plan.
(d) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Special Low Density Residential –Type 1 Zone (R1-13) in the
Town of Tillsonburg Zoning By-Law No. 3295 which permits the development of single detached
dwellings and requires a minimum lot area of 480 m2 (5,166.8 ft2), a minimum lot frontage of 15
m (49.2 ft) and permits a maximum lot coverage of 33% of lot area. The special zoning
provisions that apply to the ‘R1-13’ zone allow for a reduced minimum rear yard depth of 9 m
(29.53 ft) and a projection of 2.5 m (8.2 ft) into a required rear yard depth for raised decks which
exceed 1.5 m (5 ft) in height.
The purpose of the maximum lot coverage provisions in the Zoning By-law is to ensure that
dwellings and other structures in the ‘R1’ zone are sized appropriately for the residential needs of
Page 45 of 225
File No. A11-19 Report No. 2019-275
Page 3
the property, while allowing for sufficient area for such considerations as grading, drainage,
parking and private amenity space.
Staff have reviewed the applicants’ proposal and are satisfied that sufficient area can be
maintained on the subject lands to account for these provisions and a lot grading plan will be
submitted to the Town Engineering Department as part of their building permit review process to
ensure that drainage will be appropriately addressed. Given this, Planning staff are satisfied that
the proposal maintains the general intent of the Zoning By-law.
(e) Desirable Development/Use:
The applicants are proposing the construction of a single detached dwelling with a proposed lot
coverage that is marginally greater than what is permitted by the zoning provisions. The
applicants have indicated that the requested increase to coverage will facilitate the construction
of their desired dwelling design on the subject lands.
Planning staff have reviewed the proposal and are satisfied that the variance can be considered
minor and is not anticipated to negatively impact surrounding land uses and no comments of
concern have been received. Further, it is noted that a lot grading plan will be required as part of
the building permit process to ensure that the grading and drainage of the lot is acceptable.
Based on this, staff are satisfied that the proposal can be considered desirable development for
the intended use of the land and can be given favourable consideration.
Page 46 of 225
File No. A11-19 Report No. 2019-275
Page 4
RECOMMENDATION
That the Committee of Adjustment approve Application File A11-19, submitted by Dalm
Construction Ltd (Christo) for lands described as Lot 32, Plan 41M-218 in the Town of
Tillsonburg as it relates to:
1. Relief from Section 6.2, Low Density Residential Type 1 Zone Provisions (R1) – Lot
Coverage, to increase the maximum permitted lot coverage from 33% to 35% to facilitate
the construction of a single detached dwelling,
Subject to the following condition:
i) A building permit for the single detached dwelling shall be issued within one year of
the date of the Committee's decision.
As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: Heather St. Clair, MCIP RPP, Development Planner
Approved by: Eric Gilbert, MCIP, RPP, Senior Planner
Page 47 of 225
File No. A11-19 Report No. 2019-275
Page 5
Report Approval Details
Document Title: A11-19_rpt.docx
Attachments: - Report Attachments.pdf
- a11-19t_appl-20190729.pdf
- a11-19_appl-sketch-20190729.pdf
Final Approval Date: Sep 3, 2019
This report and all of its attachments were approved and signed as outlined below:
No Signature - Task assigned to David Calder was completed by workflow
administrator Donna Wilson
David Calder - Sep 3, 2019 - 8:57 AM
Page 48 of 225
August 8, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
1380
Notes
NAD_1983_UTM_Zone_17N
69 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental Protection
Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 1: Location Map with Existing Zoning
File No: A 11-19: Dalm Construction Ltd. (Christo)
Lot 32, Plan 41M-218, 130 Allen Street, Tillsonburg
Subject
Lands
Page 49 of 225
August 8, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
350
Notes
NAD_1983_UTM_Zone_17N
17 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental Protection
Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2: Close-up of Subject Lands (2015 Air Photo)
File No: A 11-19: Dalm Construction Ltd. (Christo)
Lot 32, Plan 41M-218, 130 Allen Street, Tillsonburg
Subject
Lands
Page 50 of 225
Plate 3: Applicant's Sketch
File No: A 11-19: Dalm Construction Ltd. (Christo)
Lot 32, Plan 41M-218, 130 Allen Street, Tillsonburg
Page 51 of 225
A11-19
000261326
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Page 60 of 225
To the town council,
My family has lived at 6 Glendale Drive since 2005. I bought the home because of its location on a
ravine. We had no drainage issues, nor had Mrs. Irwin who owned the home before us.
Then in 2015 we were hit with a double whammy. There was road construction and water line
replacement in front of our home and there was house construction right up to our property line on the
ravine side of our house. That is when all our sewage and water problems commenced.
I am not a person who enjoys confrontation; in fact, I will do whatever I can to avoid it. However,
there comes a time when one has to take a stand, or be walked all over. I have had enough of the
stonewalling tactics of those who should be making sure that new development does not negatively
affect existing infrastructure.
You will have seen the correspondence that I have had with our previous town engineer (who was not
the person who signed off on the drainage plan for my new neighbour) and our bylaw officer. I tried to
handle the situation at that level, because these are the people that my taxes pay to make sure that
development is done correctly. In my case it was not. The evidence is in the pictures.
I have been told basically that it is my problem because the issues are on my side of the property line.
Apparently as an existing development, I am at the mercy of any new development that comes along.
Does that sound right to you?
I then spoke with Brian Stephenson to see if he could help rectify the situation. We met to discuss the
problem. He understood the drainage issues because he had to deal with a similar problem when there
was new development in his area.
After his untimely death, I contacted Chris Rosehart ; she came over to see what I was dealing with, and
suggested that I bring this matter to town council.
Tonight I am asking for two issues to be addressed, and I am hoping that the council will show the
leadership that was talked about during the election campaign. It is you, and not unelected bureaucrats,
who have been given the responsibility for the town’s functioning.
The first issue is that of correcting the flooding that is occurring at our house due to both the road
construction and the house allowed to be built four feet from mine in a ravine area, which has blocked
our former drainage into that ravine.
I have also included pictures of the problem I have with snow buildup that contributes to flooding in the
spring. This is again due to zero consideration for an existing property. I need to do a snow lift to avoid
flooding. Do any of you have to do that?
The second issue is the repair that had to be done on my sewer pipe because of the excavation five feet
away for the new development. You can see the letter that I sent to P.B.R. Excavating by registered mail,
which they didn’t deign to respond to. I wasn’t surprised, unfortunately.
Page 61 of 225
There is a third issue that I have been wondering about. I don’t know what the long term consequences
are of having the neighbouring property graded towards my wooden retaining wall. I suspect this is why
I have water pressing up through cracks in the garage floor when the ground can't absorb anymore.
The following are what I have found in town by-laws relating to our issues:
2.09 LOT GRADING-DRAINAGE-SUMP PUMPS
2. Down pipes, sump pump, discharge lines and grading shall be designed, provided and maintained so
as to discharge water runoff away from the building and to prevent flooding, erosion and other nuisance
to neighbouring properties
Town of Tillsonburg
Site Plan Approval Guidelines- Storm Drainage Systems
Flows from adjacent properties - in the event that adjacent private properties drain onto
the site being developed, the storm drainage system is to be designed to prevent storm
water from backing up and creating a flooding or ponding condition on the adjacent
property.
SECTION 4 – SITE PLAN CONTROL OBJECTIVES AND GUIDELINES
Building Location and Facility Design – All Developments
Location of Buildings and Facilities
The objectives of site plan control for building and facility location are to demonstrate the extent
to which the massing and conceptual design of new developments:
building orientation, form and siting;
-law provisions; and
on the subject site and mitigate the effects of development on
adjacent properties.
Page 62 of 225
Thoughts I have on correcting the issues:
The first issue can be corrected by first, putting in a retaining wall that slopes down to the road, with a
trough on top to direct the water into the gutter, instead of into my driveway.
Secondly, the slope at the end of my driveway needs to be restored to its former upward angle, to keep
the water that comes rushing down from Broadway during a downpour, in the gutter, and not being
diverted into my driveway; especially when there is a buildup of leaves or other debris that hinder the
flow.
Thoughts I have on paying for re-establishing proper drainage:
The company that did the road should restore our driveway to the way it was before they put in the
sewer and water lines. They should have been aware of the slope of my driveway. They are the experts
aren’t they? Also, as noted in my letter to the town, there were supposed to be some advance measures
taken to ensure that homes weren’t negatively impacted by the road construction: not that anybody
came to our house, as we let the town know at that time, by telephone.
Their work was not supposed to negatively affect existing infrastructure, according to what we were
told at the beginning of the project.
What happened?
PBR Excavating should fix the drain that they knowingly cut off, rectify my downspout situation that
they created and fix my driveway.
The second issue of the cost of the sewer repair could probably be rectified if a town lawyer were to
write on my behalf. I earn less than $18.00 an hour. I can’t afford to chase these people, and I’m sure
that is what they count on. Perhaps they could also be banned from doing business in the town.
If they thought that it would cost them more to ignore me, than to pay me, I might be recompensed for
my expenses. I am not asking for anything unreasonable. Have they not been in violation of our by-laws
and site development guidelines? Our by-law people are quick to go after residents whose property isn’t
clean enough for their neighbours. That doesn’t even compare with what we have had to deal with. Yet
they do nothing.
Also it was new construction allowed by the town that caused the breakage. Why should I have to foot
the bill for new development to expand the tax base?
P.S.
When I first wrote this up to present to council in November of 2018, I was contacted by Kevin De
Leebeeck. My wife and I met with him and David Calder at the town office. We were offered a
resolution to the water problem and asked to hold off doing our presentation to give them the
opportunity. Our driveway was dug up in November; then the cone of silence fell. We mistakenly
assumed that the work would continue in better weather. It turned out that we were once again being
Page 63 of 225
stonewalled in hopes that we would just go away. This is probably because it was confirmed that our
driveway drain was cut off by the new development. That means that the drain needs to be restored
and it will cost more money. As I suggested above, I think that the company who did the excavating
should be on the hook for that and for the retaining wall that I spoke of. They were well aware that our
house drained into the ravine. Their cure was the big ‘O’ on our downspout.
I have included the e-mail that I sent to Kevin. I have not heard from him. I also sent a copy to Chris
Rosehart and Deb Gilvesy who have been to my house to see what I am talking about.
This issue was created by ineptitude as far as I am concerned. It doesn’t take an engineering degree to
know that water runs downhill, or that cutting off a drain is going to cause water to back up. That would
be common sense, which doesn’t seem to be too common nowadays.
I hope as my elected representatives you will see that our flooding issues become a thing of the past,
and I don’t mean in a couple of years. I have been trying for years to get this resolved already. My
electrical bills are higher due to running sump pumps and if a storm knocks out the power we will be
cleaning up another flood.
We rarely leave home for an extended period for fear of flooding; and have missed family engagements
because rain was threatening at the time we were supposed to be there.
Would any of you care to live like that?
I was away on the weekend of August 17 and 18. My wife fought off the water from 2:00 a.m. until 6:00
a.m. After the fourth thunderstorm, the water overwhelmed the sump pumps and filled our garage. If
one of us were to be electrocuted manning the pumps during a thunderstorm because we are dealing
with a situation created by town planners, I would certainly hold the town liable.
I thank you for your time and for the privilege of being able to bring my concerns to you. I hope that you
will agree with me that I should not have to live with the constant worry that I will face a flood every
time we get a downpour. I am tired of leaping out of bed, adrenaline pumping, in the wee hours of the
morning, to get sump pumps and hoses ready when I hear the sound of heavy rain on the roof. I have
another job to go to during the day, and they want me to be productive.
Yours sincerely,
Maurice Temoin
Page 64 of 225
Delegation Monday, September 9, 2019 – Drainage Issues Presented by: Maurice Temoin
Page 65 of 225
Delegation Monday, September 9, 2019 – Drainage Issues Presented by: Maurice Temoin
Page 66 of 225
Delegation Monday, September 9, 2019 – Drainage Issues Presented by: Maurice Temoin
Page 67 of 225
Delegation Monday, September 9, 2019 – Drainage Issues Presented by: Maurice Temoin
Page 68 of 225
Delegation Monday, September 9, 2019 – Drainage Issues Presented by: Maurice Temoin
Page 69 of 225
- 1 -Novelli, Brianne (MOF) Page 1 08/13/2019Confidential Page 1 08/13/2019
Ministry of Finance
Office of the Minister
Ministère des Finances
Bureau du ministre
7th Floor, Frost Building South
7 Queen's Park Crescent
Toronto ON M7A 1Y7
Telephone: 416-314-6331
7e étage, Édifice Frost Sud
7 Queen's Park Crescent
Toronto ON M7A 1Y7
Téléphone: 416-314-6331
…/cont’d
August 13, 2019
Dear Head of Council:
I am writing to provide you with an update on the Ontario Cannabis Legalization
Implementation Fund (OCLIF).
As you know, OCLIF was announced in 2018 as a $40 million initiative over two years
to help municipalities with the implementation costs of recreational cannabis
legalization. In early 2019, the government provided municipalities with $30 million in
OCLIF funding, and $10 million was set aside to address costs from unforeseen
circumstances related to the legalization of recreational cannabis, for which priority
would be given to municipalities that did not opt-out of hosting cannabis retail stores.
Ontario’s objectives are to protect our youth and communities and to combat the illegal
cannabis market. To support these objectives, the government has made an investment
of $3.26 million to support enhanced enforcement against illegal cannabis operations.
An investment of $3.06 million this year is enabling enhanced enforcement through
provincial joint forces cannabis enforcement teams, led by the Ontario Provincial Police,
and a targeted investment of $200,000 to the Toronto Police Service is supporting their
efforts to combat illegal cannabis operations in the City of Toronto.
This investment directly benefits municipalities. The enforcement teams work on a
regional basis and are available to all municipalities and First Nations. This collaborative
approach enables law enforcement to efficiently target crime in an organized way that is
coordinated and consistent across the province.
The government will distribute the remaining $6.74 million in OCLIF funding this month
as follows:
• Funding will be provided on a per household basis to municipalities that did not
opt-out of hosting retail stores as of January 22, 2019, adjusted so that each
recipient municipality will receive at least $5,000.
• Lower-tier and upper-tier municipalities will receive funding based on 50% of their
households. Upper-tier municipalities will receive funding in relation to opt-out
decisions made by the lower-tier municipality. If a lower tier municipality opted-
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- 2 -
out, the upper tier municipality will not receive funding on a per household basis
in relation to that municipality.
The government is providing this funding now to municipalities in a manner similar to
past payments. This means municipalities will have the funds on hand to use for the
same implementation costs the fund was designed to support.
The Deputy Minister of Finance will write shortly to the Treasurers of recipient
municipalities with details about the administration of this funding and attach each
municipality’s specific allocation notice. Payments will also be processed at that time.
The province also committed that, if Ontario’s portion of the federal excise duty on
recreational cannabis over the first two years of legalization exceeds $100 million, the
province will provide 50 per cent of the surplus to those municipalities that did not opt
out as of January 22, 2019. Provinces receive excise duty from the federal government
over time, and it is early in the two year legalization period. The Ministry of Finance will
connect with AMO and the City of Toronto on this commitment after the first two years
of legalization are completed in 2020.
Municipalities have been important partners in the successful implementation of the
federal government’s legalization of recreational cannabis. We look forward to
continuing to work together in this regard.
Sincerely,
Original signed by
Rod Phillips
Minister of Finance
c: The Honourable Doug Downey, Attorney General
The Honourable Steve Clark, Minister of Municipal Affairs and Housing
Dan Miles, Chief of Staff, Ministry of Finance
Paul Boniferro, Deputy Attorney General
Greg Orencsak, Deputy Minister of Finance
Laurie LeBlanc, Deputy Minister of Municipal Affairs and Housing
Renu Kulendran, Executive Director, Ontario Legalization of Cannabis
Secretariat, Ministry of Attorney General
Nicole Stewart, Executive Lead, Cannabis Retail Implementation Project, Ministry
of Finance
Kate Manson-Smith, Assistant Deputy Minister, Local Government and Planning
Policy Division, Ministry of Municipal Affairs and Housing
Page 71 of 225
Page 72 of 225
19-4093
Dear Head of Council:
Our government believes everyone deserves a place to call home. Inadequate supply
and high housing costs have made housing unattainable for too many people in Ontario.
We want to put affordable home ownership in reach of more Ontario families, and
provide more people with the opportunity to live closer to where they work.
That is why I am pleased to provide you with an update on the More Homes, More
Choice Act, 2019, which was passed by the Legislature on June 6, 2019.
In Effect Date
Schedule 12 of the More Homes, More Choice Act, 2019 makes changes to the
Planning Act. All changes, except for those related to community benefits charges,
came into force on September 3, 2019, as specified by proclamation. This includes
changes to:
• Broaden the Local Planning Appeal Tribunal’s jurisdiction over major land use
planning matters (i.e., official plans and zoning by-laws) and give the Tribunal the
authority to make a final decision on appeals of these matters based on the best
planning outcome;
• Reduce timelines for municipalities to make planning decisions;
• Remove certain “third party” appeals;
• Authorize the Minister of Municipal Affairs and Housing to mandate the use of a
community planning permit system in or around specific locations to promote
intensification around transit;
• Require municipalities to authorize in their official plans and zoning by-laws
additional residential units in both a primary dwelling and ancillary building or
structure; and
• Promote the development of affordable housing near transit by focusing the use
of inclusionary zoning.
Regulations
To help implement the Planning Act changes, amendments to existing regulations under
the Act also came into force at the same time as the related legislative provisions.
These regulations were filed on August 29, 2019 and include changes to:
• Set out transition rules for planning matters that are in process;
• Remove or update certain redundant or out-dated provisions and references;
• Remove the ability to appeal (except by the province) the implementing by-law
when a municipality is required to establish a community planning permit system
through a Minister’s order; and
…/2
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17th Floor
Toronto ON M5G 2E5
Tel.: 416 585-7000
Ministère des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17e étage
Toronto ON M5G 2E5
Tél. : 416 585-7000
Page 73 of 225
-2-
• Clarify that the new community benefits charge by-law will not apply in areas
within a municipality where a community planning permit system is in effect.
A new regulation for additional residential units (ARUs) was also filed on August 29,
2019 and helps remove certain zoning barriers to the creation of additional residential
units by establishing the following requirements and standards:
• One parking space for each ARU, which may be provided through tandem
parking as defined;
• Where a municipal zoning by-law requires no parking spaces for the primary
residential unit, no parking space would be required for the ARUs;
• Where a municipal zoning by-law is passed that sets a parking standard lower
than a standard of one parking space for each ARU, the municipal zoning by-law
parking standard would prevail;
• An ARU, where permitted in a zoning by-law, may be occupied by any person
regardless of whether the primary residential unit is occupied by the owner of the
property; and
• An ARU, where permitted in a zoning by-law, would be permitted without regard
to the date of construction of the primary or ancillary building.
Our proposal for the new and amended regulations was posted on the Environmental
Registry of Ontario. All comments received were carefully considered.
You can view copies of the new and amending Planning Act regulations on Ontario’s e-
Laws:
• New Ontario Regulation 299/19 – “Additional Residential Units”
• Ontario Regulation 296/19 – amending Ontario Regulation 174/16 “Transitional
Matters - General”
• Ontario Regulation 297/19 – amending Ontario Regulation 543/06 “Official Plans
and Plan Amendments”
• Ontario Regulation 298/19 – amending Ontario Regulation 544/06 “Plans of
Subdivision”
• Ontario Regulation 301/19 – amending Ontario Regulation 173/16 “Community
Planning Permits”
• Ontario Regulation 300/19 – amending Ontario Regulation 232/18 “Inclusionary
Zoning”
If you have any questions about the changes to the Planning Act and related
regulations, please email PlanningConsultation@ontario.ca.
Sincerely,
Steve Clark
Minister
c: Chief Administrative Officer
Page 74 of 225
Report Title Interim Chief Administrative Officer Recruitment
Report No. HR 19-09
Author Ashley Andrews, Manager of Human Resources
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments Agreement with RS & Associates
Page 1 / 2
RECOMMENDATION
THAT Council receives HR 19-09 Interim Chief Administrative Officer Recruitment as
information;
AND THAT Council Authorize the Mayor and Clerk to enter into an Agreement with RS &
Associates;
AND THAT By-Law 4341, to appoint Ron Shaw as Interim Chief Administrative Officer be
brought forward for Council’s consideration.
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with an overview of the interim Chief
Administrative Officer position.
BACKGROUND
The CAO Recruitment Committee held an initial meeting on August 16, 2019, at which time
Councilor Gilvesy was appointed to the position of Chair, and Councillor Esseltine was
appointed as Vice Chair. At this meeting, the committee provided direction to the Manager of
Human Resources to
i. Contact two recruitment agencies to request an outline of their services, for assistance
with both the interim and full time recruitment;
ii. Post the interim position internally with a closing date of August 26, 2019; and
iii. Proceed with contacting individuals on the list provided by OMAA, as well as any other
external individuals who had previously expressed interest and confirm their interest in
the interim CAO position.
Applications from interested internal and external candidates were forwarded to the committee
members upon receipt for review and recommendation regarding whether or not to move
forward with an interview.
On August 19, 2019, the committee met by telephone with both Legacy Executive Search
Partners and Prime Management Group to receive information regarding the services they are
able to offer with regard to the recruitment for the interim and full time CAO. Direction was given
to the Manager of Human Resources to move forward and engage Legacy Executive Search
Partners, Kartik Kumar, to assist with the recruitment of a Full-time CAO and to assist in part
Page 75 of 225
Page 2 / 2 CAO
with the selection of an interim CAO by proving interview questions and participating in the
interview process.
The committee members selected from the applications received who they wished to interview
and the interviews were arranged for Tuesday, August 27, 2019.
The committee met on August 26, 2019 to review and revise the questions provided by Mr.
Kumar in order to prepare for interviews the following day. Through consensus, the committee
decided upon final interview questions, a predetermined salary range, and a contract term that
would be acceptable to the Town.
Interviews with potential candidates took place with the recruitment committee and Mr. Kumar
on August 27, 2019, at which point the committee was able to identify a successful applicant for
recommendation to Council as a whole.
DISCUSSION
The recruitment committee has identified applicant Mr. Ron Shaw as a suitable candidate for the
interim Chief Administrative Officer position.
Mr. Shaw has over thirty-five (35) years of experience in the municipal sector, of which thirty-one
(31) of those years were spent in an Administration role. Mr. Shaw’s most recent experience
was with the City of Stratford in the position of Chief Administrative Officer, which held for
twenty-two (22) years.
Mr. Shaw has requested that the Town enter into a contractual agreement with his consulting
firm, RS & Associates, to provide Mr. Shaw’s services to the Town in the role of Chief
Administrative Officer.
The agreement provided by RS & Associates is a standard consultant/client contract which sets
out the terms for service, fees, duration, etc. The negotiated terms have resulted in a monthly
cost, including HST of $15,000, for a three (3) month duration. During this time, Mr. Shaw will
provide the Town with services set forth in Schedule A of the agreement.
FINANCIAL IMPACT/FUNDING SOURCE
The cost associated with this agreement would be $45,000, including HST, plus any expenses
associated with Mr. Shaw’s attendance at the Ontario Municipal Administrators’ Association
(OMAA) Fall Workshop. This will result in $10,000 savings to the 2019 labour budget for the
Chief Administrative Officer position.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Demonstrate accountability
Page 76 of 225
CONSULTING SERVICES AGREEMENT
B E T W E E N:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the ”Client”)
- and -
RON SHAW & ASSOCIATES INC.
(the “Consultant”)
AND WHEREAS Ron Shaw (“Shaw”) is the President and primary or sole shareholder or
partner, officer and director of the Consultant.
AND WHEREAS the Client has agreed to retain the Consultant to provide consulting
services to the Client as more fully described in this Agreement and the Consultant has agreed
to act in that capacity on the terms and conditions set forth in this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements contained in this Agreement, the parties agree each with the other
as follows:
ARTICLE 1
INTERPRETATION
SECTION 1.01 - DEFINITIONS
For all purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
a) All references to currency herein are deemed to mean currency of Canada;
b) Any reference to “agreement”, “approval”, “authorization” or “consent” of a party
hereto means the written agreement, written approval, written authorization or
written consent of such parties;
c) “Business Day” means any day, other than Saturday, Sunday or any statutory holiday
in the Province of Ontario;
d) “Business” means the business of the administration of services by a local
government;
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e) Services” means those services as defined section 3.01 of this Agreement;
f) “Governmental Body” shall mean:
(i) any federal, state, provincial, municipal or other government body;
(ii) any subdivision, department, bureau, agency, commission, board, instrumentality
or authority of any of the foregoing governments or bodies;
(iii) any quasi-governmental or private body exercising any regulatory, expropriation
or taxing authority under or for the account of any of the foregoing governments or
bodies; or
(iv) any judicial, quasi-judicial, arbitration or administrative court, grand jury,
commission, board or panel.
g) “Confidential Information” means all confidential or proprietary information,
intellectual property (including trade secrets) and confidential facts relating to the
administration of local government and protected under the Municipal Freedom of
Information and Protection of Privacy Act:
For greater certainty “Confidential Information” excludes information that is:
(i) in the public domain before disclosure to the Consultant, or becomes in
the public domain thereafter otherwise than as a result of a breach by the
Consultant of its obligations of confidentiality under this Agreement;
(ii) known to the Consultant before it is disclosed by the Client;
(iii) developed independently by the Consultant without reference to the
information disclosed by the Client, as evidenced by written or other
tangible records; or
(iv) received by the Consultant from a third person, who is not under any
obligation to the Client to restrict disclosure.
ARTICLE 2
APPOINTMENT AND TERM
SECTION 2.01 - APPOINTMENT
The Client confirms the engagement of the Consultant to provide the Services as set out
in this Agreement. The Services to be provided by the Consultant will be as an independent
contractor during the term of this Agreement and the Consultant confirms its agreement to
provide the Services to the Client in accordance with the terms of this Agreement. The Services
shall be primarily provided by Shaw, which is a fundamental term of this Agreement.
SECTION 2.02 - TERM
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The term of this Agreement shall commence on September 16, 2019 and shall continue
until December 20, 2019, unless terminated earlier in accordance with the provisions of this
Agreement or otherwise extended by mutual written agreement of the parties. Both parties
recognize that Shaw has previous commitments already scheduled for September 13, September
20 and December 11, 2019 with AMCTO.
ARTICLE 3
SERVICES
SECTION 3.01 - SERVICES TO BE PROVIDED
During the term of this Agreement the Consultant shall provide the consulting services
described in Schedule A attached to this Agreement and such other services as may be agreed
upon in writing from time to time by the parties (the “Services”).
SECTION 3.02 - TIME AND ATTENTION
The Consultant shall devote the necessary time and attention to the performance of the
Services under this Agreement. The hours are expected to be variable and will be based on the
requirements of the Services to be performed for the Client and the availability of the Consultant.
The Consultant is at liberty to provide services for any other person, firm, corporation or entity
provided it meets the requirements as set out in this Agreement.
SECTION 3.03 - DILIGENCE
In providing the Services under this Agreement, the Consultant shall:
a) Act honestly and in good faith with a view to the best interests of the Client; and
b) Exercise the care, diligence and skill that a reasonably prudent consultant would
exercise in comparable circumstances.
SECTION 3.04- OMAA
The Client shall permit Shaw to attend the Fall Workshop of the Ontario Municipal
Administrators’ Association on October 17 and 18, 2019 at the Client’s expense
.
ARTICLE 4
COMPENSATION
SECTION 4.01 - FEES
The Client shall pay to the Consultant for the performance of the Services the fees set out
in Schedule B attached to this Agreement (the “Fees”).
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SECTION 4.02 - EXPENSES
Expenses relating to performance of the Services shall be the responsibility of the
Consultant or reimbursed by the Client as set out in Schedule B.
SECTION 4.03 - NO WITHHOLDINGS
The Consultant shall pay on its own account or remit, as applicable, all expenses related
to Income Tax, Canada Pension Plan, Employment Insurance, group health, H.S.T. and any other
income or business tax as may be required by any Governmental Body. It is understood and
agreed that all the above are the sole and exclusive responsibility of the Consultant. As an
independent contractor, the Consultant acknowledges that it is responsible for and shall remit
to the appropriate Governmental Body any tax and other amounts as required by any
Governmental Body.
For greater certainty, payment of the Fees shall be made without withholdings for Income
Tax, Canada Pension Plan or Employment Insurance contributions or other like deductions.
SECTION 4.04 - NO ADDITIONAL FEES
For greater certainty, unless otherwise agreed to in writing by the parties hereto, no
additional fee, wage, salary, commission or other payment shall be paid to the Consultant on
account of the Services herein contemplated.
SECTION 4.05 - RECORDS
The Consultant shall maintain such records as reasonably prescribed by the Client from
time to time to verify and substantiate the Services rendered by the Consultant to the Client.
ARTICLE 5
CONFIDENTIALITY
SECTION 5.01 - CONFIDENTIALITY
The Consultant is aware of the Client’s needs to maintain confidentiality of its business.
Therefore, except with the consent in writing of the Client , the Consultant shall not, at any time,
directly or indirectly use or disclose to any person or persons, firm, association, syndicate,
company or corporation as principal, agent, shareholder or in any other manner whatsoever, any
Confidential Information, except as reasonably required in performance of the Services.
On the termination of this Agreement, the Consultant shall return all of the Client’s
papers, effects and materials which have been entrusted to it.
SECTION 5.02- COVENANTS
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The parties agree that by reason of the Consultant’s unique knowledge and association
with the Business, all restrictions contained in this section are all necessary and fundamental to
the protection of the legitimate interests of the Client and are reasonable and valid. The
covenants contained in this section 5 shall subsist even if the rest of this Agreement shall be
terminated for any reason whatsoever and are severable for such purpose.
ARTICLE 6
PROPERTY RIGHTS
SECTION 6.01- PROPERTY RIGHTS
All reports created by the Consultant and provided to the Client in connection with the
Services (the “Work Product”) shall be the property of the Client and, to the extent that the
Consultant retains ownership of, or other proprietary rights in, any Work Product, the
Consultant hereby assigns and transfers all of such rights, title and interest in and to such Work
Product to the Client, and the Consultant agrees at the Client’s reasonable request and expense
to execute any and all other documents and to give all aid and assistance that, in the opinion of
the Client, may be necessary or desirable in connection with this assignment and transfer or to
enable the Client, its successors and assigns to protect or exploit any Work Product in any
country of the world.
ARTICLE 7
ASSIGNMENT
SECTION 7.01 - ASSIGNMENT BY THE PARTIES
This Agreement shall be binding upon the parties hereto and shall enure to the benefit of
the Client’s successors and assigns. This Agreement is personal to the Consultant and is not
assignable and shall not enure to the benefit of its successors and assigns.
ARTICLE 8
LEGAL RELATIONS
SECTION 8.01 - LEGAL RELATIONSHIP
The legal relationship between the Consultant and the Client arising under this
Agreement shall only be that of an independent contractor and the purchaser of services and, in
particular, nothing in this Agreement shall be construed so as to render the relationship between
the Client and the Consultant to be that of an employer and employee, principal and agent,
partnership or joint venture.
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- 6 -
ARTICLE 9
TERMINATION
SECTION 9.01 - EVENTS OF DEFAULT
It is an event of default (a “default”) if:
a) either party fails to observe, perform or carry out any of its obligations hereunder and
such failure is not remedied within 20 days of the other party giving it written notice
of such failure;
b) either party engages in any act, omission or conduct which would entitle the other
party at common law to terminate this Agreement;
c) either party ceases to operate its business;
d) either party becomes bankrupt or commits any act of bankruptcy or makes an
assignment for the benefits of creditors or otherwise.
Notwithstanding the above, the Consultant shall be deemed not to be in default if any of the
events described in this Section 9.01 are caused by the death, illness or disability of Shaw.
SECTION 9.02 - ELECTIVE REMEDIES
In the event of a default, the non-defaulting party may do any one or more of the
following:
a) Pursue any remedy available to it in law or equity, it being acknowledged that specific
performance, injunctive relief (mandatory or otherwise) or equitable relief may be the
only adequate remedy for a default;
b) Take all action in its own name as may be reasonably required to cure the default, in
which event, all reasonable payments, expenses and costs incurred therefore shall be
payable by the other party on demand;
c) Terminate this Agreement by notifying the other party of the default and the exercise
of such election; or
d) Waive the default except, however that a waiver of a particular default shall not
operate as a waiver of any subsequent or continuing default.
SECTION 9.03 – TERMINATION ON NOTICE
This Agreement may be terminated for any reason by the Client immediately upon giving
notice in writing to the Consultant. In the event of any such termination, the Consultant shall be
Page 82 of 225
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entitled to payment for time spent performing the duties of the interim CAO of The Town of
Tillsonburg to date plus 20 days on a prorated basis, but in any event not to exceed the total
value of this Agreement. The Consultant shall also be paid any expenses to which it is entitled in
accordance with this Agreement.
ARTICLE 10
CONFLICT OF INTEREST
SECTION 10.01 – CONFLICT OF INTEREST
The Consultant represents that it is not a party to any agreement which represents a
conflict of interest with its role as the Client’s consultant or the terms of this Agreement or which
materially and adversely affects the Consultant's ability to perform the Services. Further, the
Consultant agrees it will not enter into any agreement or business relationship during the term
of this Agreement that could place it in a conflict of interest position.
ARTICLE 11
LIABILITY LIMITATIONS
SECTION 11.01 – LIABILITY EXCLUSIONS/MAXIMUMS
Neither party shall be liable to the other for special, punitive, contingent, indirect or
consequential loss or damage. The maximum aggregate liability of the Consultant to the Client
for any claim, demand, action, cause of action, suit or proceeding under or relating to this
Agreement (collectively, the “Claims”), whether arising in contract, tort, including negligence, by
statute or as matters of strict or absolute liability, shall be limited to an amount equal to the total
Fees payable to the Consultant hereunder. Notwithstanding the above, the limits on Consultant's
liability under this Agreement shall not apply to Claims arising out of the wilful, fraudulent or
criminal misconduct of the Consultant or its directors, officers, employees or agents.
The Consultant shall fall under the Client’s liability policies and insurance while
performing the duties of interim CAO for The Corporation of the Town of Tillsonburg.
ARTICLE 12
GENERAL PROVISIONS
SECTION 12.01 - SEVERABILITY
Each provision of this Agreement is declared to constitute a separate and distinct
covenant and to be severable from all other such separate and distinct covenants.
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SECTION 12.02 - VALIDITY
If any covenant or provision herein is deemed to be void or unenforceable in whole or in
part, then it shall not be deemed to affect or impair the enforceability or validity or any other
covenant or provision of this Agreement or any part thereof.
SECTION 12.03 - ENTIRE AGREEMENT
The provisions herein constitute the entire agreement between the Client and the
Consultant and supersedes all previous expectations, understandings, communications,
representations and agreements, whether verbal or written, between the Client and the
Consultant with respect to the subject matter hereof and may not be modified except by
subsequent agreement in writing and executed by the Client and the Consultant.
SECTION 12.04 - GOVERNING LAW
The validity, enforcement and interpretation of this Agreement, and the rights and
liabilities of the parties, shall be construed and governed by the laws of the Province of Ontario
and the laws of Canada applicable in Ontario.
SECTION 12.05 - INDEPENDENT LEGAL ADVICE
Each party acknowledges that it has an opportunity prior to executing this Agreement to
review and seek independent legal advice with respect to the terms and conditions of this
Agreement.
SECTION 12.06 - CAPTIONS
The captions or headings appearing in this Agreement are inserted for convenience of
reference only and shall not affect the construction thereof.
SECTION 12.07 – NOTICE IN WRITING
Any notice to be given hereunder shall be in writing and shall be sufficiently given if
delivered personally or by prepaid courier or registered mail:
(a) If to the Consultant, to: Attention: Ron Shaw, 146 Unger Island Road, Napanee,
ON K7R 3L1
(b) If to the Client, to: Attention: Donna Wilson, Clerk, Town of Tillsonburg, 200
Broadway, Suite 204, Tillsonburg, ON N4G 5A7.
Any notice given personally or by prepaid courier shall be deemed to be given when so
delivered, and any notice given by prepaid registered mail shall be deemed to be given on the
fourth Business Day after it was mailed.
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IN WITNESS WHEREOF, the Client and the Consultant have executed this Agreement as
of the ___ day of ______________, 2019.
THE CORPORATION OF THE TOWN OF TILLSONBURG
By: _____________________________
Steven Molnar, Mayor
By: _____________________________
Donna Wilson, Clerk
RON SHAW & ASSOCIATES INC.
By:
Ron Shaw, President
Page 85 of 225
- 10 -
SCHEDULE A
SERVICES
Reporting to the Mayor/Council the Chief Administrative Officer is the senior official of
the municipality providing organizational leadership. This position is responsible to Council
for administration and coordination of the delivery of services to the municipality's residents
and businesses in a manner that will ensure the effective utilization of the available human,
financial and physical resources. Through Directors and Corporate Managers, implement
policies approved by Council, advise Council on all matters under its jurisdiction, act as a
liaison between Council and staff, represent the Town as directed with other governments
and/or organizations.
PRINCIPAL RESPONSIBILITIES:
• Reports to, is accountable to and receives direction from Council in the
performance of their duties.
• Coordinates the policy advice that is prepared by Directors/Corporate Managers,
external agencies and consultants to ensure that Council is presented with clear,
comprehensive information and alternatives on which to make reasoned policy
decisions.
• Attends Council and, when required, advisory Committee meetings, being
available to provide advice and information in the formulation of Corporate policy.
• Oversees the overall interpretation, implementation and administration of Council
direction.
• Provides a well coordinated communications network from all administrative levels
to the political level and vice-versa.
• Coordinates all functions of the various departments/offices working with the area
municipalities and special boards and commissions to provide a high level of
service to the residents of the Town.·
• Hires, directs, motivates, evaluates the performance, and disciplines up to and
including termination, of the following:
o Director of Operations
o Director of Recreation, Culture & Parks
o Director of Finance
o Fire Chief
o Clerk
o Manager of Human Resources
o General Manager, Hydro Operations
o Chief Building Official
o Development Commissioner
• Directs and assists with Human Resource matters within the mandates approved
by Council.
• Acts as central reference source for inquiries from the public regarding Town
operations, providing prompt and accurate responses and referring technical
items to the appropriate department/office.
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• Maintains positive public relations for the Town, dealing with the media and
community groups. Will be the primary contact with officials of local municipalities,
County of Oxford and all others concerned with Town operations.
• Maintains up-to-date knowledge of trends and developments affecting Town
operations including legislation, Ministry directives, funding opportunities,
procedural rulings & related matters, bringing relevant items to the attention of
Council and/or Committees and Boards.
• Has signing authority. • May represent the Town's interests as a member of the Board of Directors of
Tillsonburg Hydro Inc.
• Performs such additional duties and exercises additional responsibilities that may
be required in the interest of the Town and as Council may assign.
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SCHEDULE B
FEES
Total fees (the “Fees”) earned and payable as follows:
● $13,333 per month to be paid monthly.
● Shaw may invoice for each month within one week of beginning each 30 day period and
which shall be paid within two weeks.
● Any reasonable travel expenses are in addition and will be invoiced at cost and in
accordance with the Town’s travel policy.
● It is Shaw’s responsibility to get to and from work at his expense.
● Services provide from December 16 to December 20, 2019 will not be billed.
● Fees are subject to H.S.T.
Page 88 of 225
Report Title Local Court Security Advisory Committee – Town of
Tillsonburg Representative
Report No. CLK 19-22
Author Donna Wilson, Town Clerk
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments
Email – County of Oxford
Terms of Reference Local Court Security
Advisory Committee Appointee Request
Report CAO 17-04 Local Court Security
Advisory Committee – Town of Tillsonburg
Representative
Report CAO 16-11 Shared Court Security
Funding Model
Page 1 / 2 7554470669,,,CLK 19-22 Oxford Court Security Committee
RECOMMENDATION
THAT Report CL 19-22, Local Court Security Advisory Committee – Town of Tillsonburg
Representative, be received;
AND THAT the Town of Tillsonburg recommends the appointment of Larry Scanlan, Chair of the
Tillsonburg Police Service Board, to the Local Court Security Advisory Committee.
BACKGROUND
As noted in the attached email from the Clerk of the County of Oxford, the Local Court Security
Advisory Committee as established by the Council of the County of Oxford is requesting Council
appoint one person from the Town of Tillsonburg. The only stipulation regarding an appointee is
that it be a non-County Councillor member. Therefore, in the case of the Town of Tillsonburg,
Mayor Molnar could not be appointed to the Advisory Committee. Council can appoint someone
other than a Town of Tillsonburg Council member.
DISCUSSION
In 2017, County Council established a Local Court Security Advisory Committee for the purpose
of recommending to County Council the level of funding for costs incurred by the Woodstock
Police Service and the Ontario Provincial Police for court security and prisoner transportation
services. The purpose was to provide a more equitable funding model for these services that
benefit all municipalities within the county, and to advocate for court security and prisoner
transportation funding from the Province.
The terms of reference indicates that the composition of the Advisory Committee is to be
comprised of ten members - nine non-County Councillor members appointed by their respective
area municipal Council; three from Woodstock and one from each of the remaining seven
Page 89 of 225
Page 2 / 2 CAO
municipalities, with the exception of the County Warden who will represent their respective
municipality and act as chair of the Committee.
Additional background information has been provided through the Reports CAO 16-11 and CAO
17-04.
In 2017 Council appointed Mr. Larry Scanlan, Chair of the Tillsonburg Police Services Board to
be Council’s representative on the Committee. The theory was that Mr. Scanlan would provide a
Town of Tillsonburg representative that is knowledgeable about policing needs and how they
relate to Court Security and Prison Transportation.
Staff is recommending that Mr. Scanlan be re-appointed to the Committee. He is the current
chair of the Tillsonburg Police Service Board and will represent the best interests of the Police
Service Board as well as the Town of Tillsonburg.
FINANCIAL IMPACT/FUNDING SOURCE
There may be financial impact on the County levy depending on future recommendations from
the Local Court Security Advisory Committee to Oxford County Council.
There may also be minimal expenses for mileage for meeting attendance.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Demonstrate accountability
Page 90 of 225
From: Chloe Senior
To: ahumphries@cityofwoodstock.ca; Donna Wilson; clerk@swox.org; kmartin@zorra.on.ca;
kkruger@norwich.ca; mgraves@ingersoll.ca; rmordue@blandfordblenheim.ca;
wjaques@ezt.ca; David Mayberry; Deb Tait; dmckay@ezt.ca; Larry Martin; Marcus Ryan; Mark
Peterson; Sandra Talbot; Stephen Molnar; Ted Comiskey; Trevor Birtch
Cc: Angie Ferrell; lbuchner@oxfordcounty.ca
Subject: Local Court Security Advisory Committee Appointee Request
Date: Thursday, August 8, 2019 9:25:21 AM
Attachments: Local Court Security Advisory Committee.pdf
Good morning;
On behalf of Warden Martin, please see the following request seeking appointees to the
Local Court Security Advisory Committee for this term of council.
In 2017, County Council established a Local Court Security Advisory Committee for the
purpose of recommending to County Council the level of funding for costs incurred by the
Woodstock Police Service and the Ontario Provincial Police for court security and prisoner
transportation services. The purpose was to provide a more equitable funding model for
these services that benefit all municipalities within the county, and to advocate for court
security and prisoner transportation funding from the Province.
According to the Terms of Reference (see attached), the composition of the Advisory
Committee is to be comprised of ten members - nine non-County Councillor members
appointed by their respective area municipal Council; three from Woodstock and one from
each of the remaining seven municipalities, with the exception of the County Warden who
will represent their respective municipality and act as chair of the Committee.
Please seek interest from your respective councils and forward the appointee’s name,
email and telephone contact information to the undersigned by Friday, September 13,
2019, in order to have a 2020 levy established by mid-October.
In the meantime if you have any questions, please contact me.
Thank you,
Chloé Senior | Clerk
519.539.9800, ext. 3001 | 1.800.755.0394
www.oxfordcounty.ca
This e-mail communication is CONFIDENTIAL AND LEGALLY PRIVILEGED. If you are not the intended
recipient, use or disclosure of the contents or attachment(s) is strictly prohibited. If you have received this
communication in error, please notify the author by return e-mail and delete this message and any copy
of it immediately. Thank you.
Think about our environment. Print only if necessary
Page 91 of 225
Page 1 of 2
Terms of Reference Local Court Security Advisory Committee
October 2017
BACKGROUND
In accordance with the subsection 4(1) of the Police Service Act, R.S.O. 1990, c. P. 15, (PSA)
“Every municipality to which this subsection applies shall provide adequate and effective police
services in accordance with its needs.” The Act clarifies in subsection 4(4), that 4(1) applies to
“lower-tier municipalities in the County of Oxford”. Subsection 137(1) of the Act specifically
assigns responsibility for court security to the Police Services Board having jurisdiction over
the premises where court proceedings are conducted – regardless of the fact that the court is
run by provincial officials and its administration falls under the Ministry of the Attorney General.
In accordance with the PSA, the Oxford County Provincial Courthouse, located in the City of
Woodstock, currently receives court security services from Woodstock Police Services (WPS)
at a level determined appropriate by the Chief of WPS. As the City of Woodstock annually funds
WPS police services, the City’s taxpayers currently pay for court security costs for the Oxford
County Courthouse, net of Court Security and Prisoner Transportation Funding which resulted
from the Provincial-Municipal Fiscal Service Delivery Review (PMFSDR) completed in 2008.
The Oxford County Courthouse serves all of its eight area municipalities with respect to
Provincial court related services. The County’s Provincial Offences Court is administered by
the County through a Memorandum of Understanding with the Ministry of the Attorney General.
Court security costs for the administration of POA services are currently funded by user fees,
net of Court Security and Prisoner Transportation Funding.
PURPOSE/MANDATE
At County Council’s regular meeting held May 10, 2017, Council passed Resolution No. 10, to
strike a Local Court Security Advisory Committee, with a mandate to:
i. Annually recommend to County Council the level of County funding for costs incurred
by the Woodstock Police Service and the Ontario Provincial Police for Court Security
and Prisoner Transportation services, having regard to the efficient use of resources;
and
ii. Advocate for court security and prisoner transportation funding from the Province that
achieves 100% of municipal costs by 2019 and thereafter.
COMPOSITION
The Local Court Advisory Committee shall consist of ten members, nine non-County Councillor
members of whom are appointed by their respective area municipal Council; three of whom will
represent the City of Woodstock; one representative for each of the remaining seven
municipalities; with the exception of the County Warden, who is appointed Chair of the
Committee.
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Page 2 of 2
A Committee’s term shall be concurrent with the term of the appointing council, or until a
successor is appointed.
RULES OF PROCEDURE
The County Warden shall chair the Committee meetings in accordance with the County of
Oxford Procedure By-law No. 5852-2016, as amended with the exception of meeting dates and
times which will be determined by the Committee and at the call of the Chair.
COMMITTEE FUNDING
Committee members will be reimbursed by the County of Oxford for local travel expenses
incurred, payable at established County of Oxford rates.
COMMITTEE SUPPORT
The work of the Committee will be support by the following: Police Service Boards across
Oxford County; the Oxford County and City of Woodstock Treasurers; the Woodstock Police
Chief; and, Oxford OPP Detachment Inspector.
The Deputy Clerk of the County of Oxford will attend all meetings of the Committee and post
meeting minutes on the County website at www.oxfordcounty.ca .
Page 93 of 225
Report Title Local Court Security Advisory Committee –
Town of Tillsonburg Representative
Report No. CAO 17-04
Author David Calder
Meeting Type Council Meeting
Council Date August 21, 2017
Attachments
MEMORANDUM – COUNTY OF OXFORD RE:
LOCAL COURT SECURITY ADVISORY
COMMITTEE
REPORT CAO 16-11 SHARED COURT
SECURITY FUNDING MODEL
Page 1 / 2
RECOMMENDATION
THAT Council receive report CAO 17-04 Local Court Security Advisory Committee – Town of
Tillsonburg Representative;
AND THAT the Town of Tillsonburg recommends the appointment of Mr. Larry Scanlan, Chair of
the Tillsonburg Police Services Board to the Local Court Security Advisory Committee.
EXECUTIVE SUMMARY
As noted in the attached Memorandum from the Clerk of the County of Oxford, the Local Court
Security Advisory Committee as established by the Council of the County of Oxford is requesting
one appointee from the Council of the Town of Tillsonburg. The only stipulation regarding an
appointee is that it be a non-County Councillor member. Therefore, in the case of the Town of
Tillsonburg, Mayor Molnar could not be appointed to the Advisory Committee. It is staffs
understanding that Council could appoint someone other than a Town of Tillsonburg Council
member.
BACKGROUND
As Council will recall, Report CAO 16-11 Court Security Funding Model outlined the proposal by
the County of Oxford to share costs with the Woodstock Police Services Board for the provision
of Court Security at the Oxford County Court House. Security is provided at the Oxford County
Court House for the benefit of all County of Oxford residents who attend the Court House. A
portion of funding that use to come to the Town of Tillsonburg from the Ministry of Community
Safety and Correctional Services goes to help fund court security. As the cost of security
increases or new measures become available, these costs are shared by the area municipalities
and the County of Oxford. The County when addressing the issue of shared funding,
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recommended the creation of a Local Court Security Advisory Committee made up of
representatives from the area municipalities for the purpose of annually recommending to
County Council, the level of County funding for costs incurred by the Woodstock Police Services
and the Ontario Provincial Police for Court Security and Prisoner Transportation services. Since
the funding for Court Security and Prisoner Transportation is to be funded through annual
taxation, the County felt it was important to have representatives from the area municipalities on
an advisory committee for the purposes of reviewing and making recommendations to the
County on funding requests that may come through the Woodstock Police Services and the
Ontario Provincial Police.
In order to provide a Town of Tillsonburg representative that is knowledgeable about policing
needs and how they relate to Court Security and Prison Transportation, staff is recommending
that Mr. Larry Scanlan, current Chair of the Tillsonburg Police Services Board be Council’s
representative on the Committee. Mr. Scanlan and the Town CAO have a positive rappore which
will ensure a transfer and sharing of any required information in order to assist in the
Committee’s work. Mr. Scanlan will represent the best interest of the Tillsonburg Police Services
Board as well as the Town of Tillsonburg.
CONSULTATION/COMMUNICATION
The Town of Tillsonburg Council has provided information in the past to Oxford County Council
regarding Court Security. In addition, staff have consulted with Mr. Scanlan and he is willing to
have is name stand for Council’s consideration and is willing to serve on the Local Court
Security Advisory Committee as Council’s representative.
COMMUNITY STRATEGIC PLAN IMPACT
As noted in the Community Strategic Plan (CSP), the plan identifies Excellence in Local
Government as a strategic outcome and participating on the Local Court Security Advisory
Committee will reinforce positive local decision making.
FINANCIAL IMPACT/FUNDING SOURCE
There is little direct financial impact other than some travel expenses for meeting attendance.
There may be financial impact on the County levy depending on future recommendations from
the Local Court Security Advisory Committee to Oxford County Council.
Page 95 of 225
Report Title Shared Court Security Funding Model
Report No. CA0 16-11
Author David Calder, CAO
Meeting Type Council Meeting
Council Date September 26, 2016
Attachments
OXFORD COUNTY REPORT NO. CS 2016-23
SHARED SECURITY FUNDING MODEL
OXFORD COUNTY REPORT NO. 2015-45
COURT SECURITY FUNDING REQUEST –
WOODSTOCK POLICE SERVICES
Page 1 / 3
RECOMMENDATION
THAT Council receive report CAO 16-11 Shared Court Security Funding Model, for information;
AND THAT report CAO 16-11 Shared Court Security Funding Model be provided to Oxford
County Council as the Town of TIllsonburg’s response to Oxford County Report No. CS 2016-
23.
EXECUTIVE SUMMARY
The purpose of this report is to provide information to Council regarding the following
recommendation adopted by Oxford County Council at its meeting of August 10, 2016.
“That County Council authorize staff to circulate Report No. CS 2016-23, titled Shared Court
Security Funding Model, to the Area Municipalities and the Woodstock Police Services Board for
review and comment, to be received on or before September 30, 2016.”
A copy of Oxford County report CS 2016-23, Shared Court Security Funding Model is attached.
BACKGROUND
In 2015, a delegation from the Woodstock Police Services Board presented to County Council a
request for funding to assist with their increasing court security and prisoner transportation costs
relative to the Oxford County Provincial Courthouse located at 415 Hunter Street, Woodstock.
County staff, in November of 2015 subsequently prepared Report No. CS 2015-45 (copy
attached) and passed the following resolution at their meeting of November 25, 2015:
“That County Council, in response to the Woodstock Police Services Board’s request for funding
court security and prisoner transportation costs, commits to collaborating with all Area
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Page 2 / 3 CAO
Municipalities within the County in determining a course of action that will be in the best interest
of all of Oxford County.”
Staff can confirm that there has been no collaboration with the Town of Tillsonburg and the most
recent report from Oxford County is the first time Town input has been requested. The Town had
no input into the contents of the most recent County report dated August 10, 2016.
Based on the County report, County Council wanted to “formulate a proposed course of action
regarding a fair and equitable funding model for court security and prisoner transportation costs
related to the Oxford County Provincial Courthouse”. As a result, the County report takes an
“approach that allocates net CSPT costs incurred by all municipalities on the County levy in the
same manner as other County services…” By taking this approach, there would be “a shift in
property tax from Woodstock taxpayers in the amount of approximately $178,000 to the
remaining area municipalities – resulting in an average increase of approximately $26,000.” For
the Town of Tillsonburg, this would be an increase of approximately $37,000.
Currently the Town of Tillsonburg budgets for Court Security and Prisoner Transportation
(CSPT) costs through the OPP contract which totalled $17,418 in 2015. This expense was
partially offset from a grant from the Ministry of Community Safety and Correctional Services in
the amount of $6,718 for a total net impact to the local levy in 2015 of $10,700.
In the proposal as provided by Oxford County, the County will budget for CSPT costs for all
municipalities. Under this method, the net CSPT costs on the County levy will be $362,665. It is
assumed that these funds would then be transferred to the Woodstock Police Services Board to
fund CSPT. It is staff’s understanding that the Town would still budget for OPP contract CSPT
expenses, however, the offset to revenue will be from the County rather than from the Ministry.
The Town would fully recover the costs resulting in a net Town of Tillsonburg levy impact of $0.
The issue is that even though the Town will see a savings through the Town levy, taxpayers will
be paying more ($37,000) for CSPT costs through the County levy.
As stated in the County report, the proposed distribution is similar to other services the County
provides to the area municipalities. Staff suggest there is a difference in CSPT services over
other County services in that it is currently the Woodstock Police Services Board that sets the
service level and not the County. Therefore, the County nor the area municipalities have any say
in the cost of the Woodstock Police Services Board providing CSPT. Based on the contents of
the County report, in the future, the Woodstock Chief of Police could establish a local court
security committee to assist in developing a court security plan. The problem is this plan could
be developed with little to no accountability to County Council or the area municipalities.
The proposal as contained in the County report is basically a proposal to share expenses with
the Woodstock Police Services Board for the provision of CSPT. Conversely, there are revenue
programs that are not shared with all area municipalities which might help offset increased
CSPT costs. For example, there are revenues raised through the payment of fines through the
Provincial Offences Act (POA). It would seem that POA revenues would be an appropriate
source of funding towards court security as fines are generated by both the OPP and WPS.
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The current proposal is basically a method of subsidizing the provision of CSPT which under the
Police Services Act is the responsibility of the Woodstock Police Services Board. The Act states;
Municipalities with police forces
137. (1) A board that is responsible for providing police services for one or more municipalities has the following
responsibilities, with respect to premises where court proceedings are conducted:
1. Ensuring the security of judges and of persons taking part in or attending proceedings.
2. During the hours when judges and members of the public are normally present, ensuring the security of the premises.
3. Ensuring the secure custody of persons in custody who are on or about the premises including persons taken into custody at proceedings.
4. Determining appropriate levels of security for the purposes of paragraphs 1, 2 and 3. R.S.O. 1990, c. P.15, s. 137 (1);
1997, c. 8, s. 41.
Currently, the Police Services Act seems clear on the responsibility of the municipality in which
the court proceedings are conducted. The benefit to the local economy which has the
courthouse can be significant in terms of local employment and service to local residents. In
addition, the Police Services Act is currently under review so it may be premature to make any
decisions related to court security in advance of any possible revisions to the Act.
Finally, there are four conclusions outlined on page seven of the County report. Staff are
concerned about a number of the recommendations. Perhaps as the report identifies, prior to
changing the funding model, the first course of action would be to encourage the Ministry of the
Attorney General to ensure the courthouse is adequately fitted with security measures to protect
those using the facility. As well, the report suggests new reporting criteria to the County by the
area municipality in terms of budgets and reconciling year end actuals which is not currently
required. Conversely, if the proposal was approved, consideration should be given to area
municipality representation on the local court security committee.
Staff is of the opinion that the current funding model should remain in place but would be
supportive of efforts to advocate for increased funding for court security from the province and
waiting for the completion of the Police Services Act review.
COMMUNITY STRATEGIC PLAN IMPACT
NA
FINANCIAL IMPACT/FUNDING SOURCE
No direct costs at this time.
Page 98 of 225
Report Title BIA Board of Management Resignations
Report No. CLK 19-23
Author Amelia Jaggard, Legislative Services Coordinator
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments
Page 1 / 2 1527195736,,,CLK 19-23 BIA Board of Management Resignations
RECOMMENDATION
THAT Council receives Report CLK 19-23 BIA Board of Management Resignations;
AND THAT By-Law 4338 to amend By-Law 4260, be brought forward for Council consideration.
BACKGROUND
The Clerk’s Office received notice from the BIA Executive Director on Tuesday, August 27,
2019, regarding resignations from the BIA Board of Management.
DISCUSSION
John Scott of Staples provided notice of his resignation on March 20th, 2019. The BIA Board of
Management received the resignation at their meeting held on March 21st, 2019.
Marcel Rosehart of the Carriage Hall provided notice of his resignation on June 6th, 2019. The
BIA Board of Management received the resignation at their meeting held on June 20th, 2019.
A by-law to remove the above noted names from By-Law 4260 will be brought before Council for
consideration.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Section 1 – Excellence in Local Government – providing for citizen engagement for municipal
initiatives.
Page 99 of 225
Page 2 / 2 CAO
Report Approval Details
Document Title: CLK 19-23 BIA Board of Management Resignations.docx
Attachments:
Final Approval Date: Aug 28, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Aug 28, 2019 - 3:20 PM
Page 100 of 225
Report Title Appointment of By-Law Enforcement Officer
Report No. DCS 19-25
Author Geno Vanhaelewyn, Chief Building Official
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments N/A
1
CAO
RECOMMENDATION
THAT Council receives Report DSC 19-25 Appointment of By-Law Enforcement Officer as information;
AND THAT By-Law 4339 to appoint Cameron Cyr as a By-Law Enforcement Officer for the Town of
Tillsonburg, be brought forward for Council consideration.
EXECUTIVE SUMMARY
Building and By-Law Services recently recruited Cameron Cyr as By-Law Enforcement/Property
Standards Officer in order to fill a vacancy within the department. This report is to request Council for
the official appointment of Cameron Cyr as a “By-Law Enforcement Officer” which will allow the officer
to issue Part 1 and Part 2 Provincial Offences Notices (fine/ticket) within the Town of Tillsonburg. Some
examples of current Part 1 fines within the department are related to Animal Control, Garbage, Noise,
Signs, etc. and all Part 2 fines are related to the Traffic and Parking By-Law.
BACKGROUND
N/A
CONSULTATIONS/COMMUNICATIONS
N/A
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Objective 1 – Excellence in Local Government - Demonstrates strong leadership and accountability in
Town initiatives.
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2
CAO
Report Approval Details
Document Title: DCS 19-25 Appointment of By-Law Enforcement Officer.docx
Attachments:
Final Approval Date: Aug 28, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Aug 28, 2019 - 8:58 AM
Page 102 of 225
Report Title Building, Planning, By-Law Services CO-OP Student &
Internship
Report No. DCS 19-26
Author Geno Vanhaelewyn, Chief Building Official
Meeting Type Council Meeting
Council Date SEPTEMBER 9, 2019
Attachments DCS 19-21 - 2019 Second Quarter Report Building,
Planning & By-Law Services
RECOMMENDATION
THAT Council receives Report DCS 19-26 Building, Planning, By-Law Services CO-OP Student and
Internship, as information;
AND THAT Council continues to support the requirements set in the Ontario Building Code Act to
ensure adequate staffing are in place to administer the Ontario Building Code;
AND FURTHER THAT Council direct staff to proceed in establishing the Building, Planning, By-Law
Office Assistant – CO-OP Student and Building Services Inspector Internship positions and recruitment
process.
EXECUTIVE SUMMARY
Tillsonburg has continued to witness strong development and as a result staffing levels within the
Building/Planning Department will be inadequate to maintain the required level of service required to
support the development community’s needs. Staff identified the need for additional support staff to
ensure these demands can be maintained and therefore the Town must adjust quickly to ensure the
development process is not stalled. This recommendation will ensure that the Town continues to
display an inviting “open for business” impression to investors and the development community.
BACKGROUND
Building & Planning Services is committed to maintaining the excellent level of service to the
development community, residents and business owners. The department has maintained this service
over the past few months with the assistance of two summer student positions, however, as of August
30th students returned to school and the additional administrative functions that assisted the
Development Technician and Building Inspectors have been lost. As the Town has been experiencing
a continued increase in the amount of development, particularly four large apartment developments,
institutional church projects, along with the implementation of the Oxford County Amanda permitting
system, continued management of planning applications, increased inquiries, etc. the current staffing
levels are not adequate to maintain this level of service. As a result, staff has identified the need for
additional administrative support roles to ensure the services that the Building, Planning Department
provides to the community is not compromised. At this time it is uncertain if the continued development
will continue over the long term and therefore it is recommended to establish the following two
temporary positions rather than a permanent full time position:
1. Building, Planning, By-Law Office Assistant – CO-OP Student. This position would recruit from post-
secondary school programs and would be reviewed on a co-op term/semester basis as required. The
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2
CAO
main duties would be to support the Development Technician position with inquires, permit entry,
planning applications, open permit/deposit program, etc.
2. Building Services Inspector Internship. This position would be established based on the Ontario
Building Officials Association recognized internship program which provides municipalities with
applicants that come with industry related education and/or experience looking to enter the municipal
building inspection field. The internship program requires an 18 month commitment between the
municipality and the applicant. The positions main functions would be to assist building inspectors with
inquiries, permit administration, project report organization, permit application review, etc. The program
is also a way for the municipality to assist in training individuals along with building a resource pool
within the industry which is in high demand to service our future needs.
FINANCIAL IMPACT/FUNDING SOURCE
The proposed temporary CO-OP student position is recommended to be compensated with an hourly
rate/rage of $16.00/hr and the Inspector Internship position to be compensated with an hourly rate/rage
of $18.00/hr – $22.00/hr.
The CO-OP students will be funded directly through the 2019 increase in permit and planning
activity/revenue. Financial records for 2019 - Q2 recorded a surplus of $179,150.00 and it is anticipated
that surpluses will continue quarterly, therefore, the positions can be absorbed by the 2019 budget
without any financial impact. An 18 month internship commitment can be funded from 2019/2020 permit
revenue along with the Building Permit Reserve which currently sits at $271,258.00 if required. The
proposed positions will add two additional FTE counts.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Objective 1 – Excellence in Local Government - Demonstrates accountability as Council continues to
support the requirements set in the Ontario Building Code Act.
Objective 2 – Economic Sustainability - Demonstrates support of new and existing businesses.
Page 104 of 225
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Report Approval Details
Document Title: DCS 19-26 Building, Planning and By-Law Services CO-OP
Student and Internship.docx
Attachments: - DCS 19-21 2019 Second Quarter Building, Planning and By-Law
Services.docx
Final Approval Date: Sep 4, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 4, 2019 - 10:29 AM
Page 105 of 225
Report Title 2019 Second Quarter Report Building, Planning & By-
Law Services
Report No. DCS 19-21
Author Geno Vanhaelewyn, Chief Building Official
Meeting Type Council Meeting
Council Date AUGUST 12, 2019
Attachments Q2 Financial Summaries
RECOMMENDATION
THAT Council receives Report DCS 19-21 - 2019 Second Quarter Report Building, Planning &
By-Law Services as information.
EXECUTIVE SUMMARY
This report contains information on activity volumes, trends over time, financials and updates
on major initiatives. The statistics provided are inclusive from January 1, 2019 to June 30,
2019.
BUILDING SERVICES
Tillsonburg has continued to witness strong activity in construction in terms of total value of
construction although the total number of permits issued has decreased slightly. The
residential housing market has continued to be the main contributor of these statistics. The
commercial sector leveled back off while the industrial and institutional sectors remained fairly
consistent compared to previous years. These activities are noted in the tables below.
2019 – Building Permit Activity Overview – (Jan 1/19 – June 30/19 inclusive)
Total Permits Issued 204
Total Construction Value $33,076,609
Total Permit Revenue $355,178
Page 106 of 225
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VALUE OF CONSTRUCTION COMPARISON
Value of Construction Comparisons – Jan 1, 2019 – June 30, 2019
TYPE 2013 2014 2015 2016 2017 2018 2019
Residential
(Value) 6,169,114 7,854,086 7,614,660 10,673,174 12,416,246 17,441,481 27,871,544
Commercial
(Value) 565,057 693,799 154,300 1,615,705 1,205,305 6,245,180 1,467,125
Industrial
(Value) 2,146,100 1,052,500 92,600 92,000 488,254 708,702 205,900
Institutional
(Value) 791,175 4,393,400 1,362,173 13,114 4,000 2,336,665 3,532,040
TOTAL 9,671,446 13,993,785 9,223,733 12,393,993 14,113,805 26,732,028 33,076,609
RESIDENTIAL
$27,871,544
COMMERCIAL
1,467,125
INDUSTRIAL
$205,900
INSTITUTIONAL
$3,532,040
Page 107 of 225
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Number of Permits Issued - Jan 1, 2019 – June 30, 2019
TYPE 2013 2014 2015 2016 2017 2018 2019
Single Detached
Dwellings 26 38 27 50 48 50 30
Total Dwelling
Units 29 41 50 50 52 78 110
Total All Permits 162 185 155 202 239 239 204
Residential Development - Jan 1, 2019 – June 30, 2019
DEVELOPER NUMBER OF SINGLE
DETACHED DWELLINGS
Hayhoe Homes 12
Wagler Homes 1
Bamford Homes – South Ridge Heights 1
Oxford Builders – Annandale Phase 7 2
Trevalli Homes Ltd – William Street 1
Gentrac Homes 0
Riviera Homes 8
Dalm Construction 2
Misc. 1
Private 2
Inspection Activity Comparisons - Jan 1, 2019 – June 30, 2019
Output Measures/Activity 2014 2015 2016 2017 2018 2019
Building Inspections Completed 703 741 871 1022 988 843
Major Construction/Development Projects:
360 Quarter Town Line – new townhouse condo complex
253 Broadway – new commercial/residential apartments
136 Concession St E- new 5 story/49 unit apartment building
3 John Pound- new 4 story/33 unit apartment building
83 Rolph Street - Public School conversion to apartments
Andrews Crossing Subdivision- Phase 1 & 2
Sandy Court Subdivision
Page 108 of 225
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Building Financial Impact
Financial records indicate that the Building sector has a surplus of $179,150 ending Q2. The
ongoing permit activity is a direct result of the increased revenue found in the attached
financial summary to this report. The forecast at this time for year end is to be under budget.
PLANNING SERVICES
2019 – Planning Activity - Jan 1, 2019 – June 30, 2019
Output Measures/Activity 2014 2015 2016 2017 2018 2019
Minor Variance Applications 1 5 7 6 13 7
Zone Change Application 2 4 4 8 4 7
Site Plan Formal Consultations 2 2 2 3 0 2
Site Plan Approvals 4 3 2 2 5 6
Site Plan Applications (in progress) 3 6 7 3 9 4
Subdivision Agreements 0 2 2 2 0 2
Pre-Servicing Agreements 0 0 0 0 3 1
Site Plan Applications (in progress)
17 Wren Court – Town House Apartments
183 Tillson Avenue – Existing Site
671 Broadway- Glassford’s
540 Broadway- Burger King
18 Harvest Ave- First Baptist Church
BY-LAW SERVICES
All records were not available for analysis and the records that were available are provided in
the table below. Parking tickets issued are up slightly from previous years and overall animal
tags issued are down slightly.
Page 109 of 225
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2019 – By-Law Activity - Jan 1, 2019 – June 30, 2019
Output Measures– Quantity 2014
2015 2016 2017 2018 2019
Parking Tickets Issued 240 337 573 394 366 382
Animal Tags Issued Cats 886 845 1121 948 848 1129
Dogs 1686 1815 1842 1973 2254 1909
Enforcement –
Complaints and
Occurrences
Parking, Noise,
Garbage, Taxi 96 103 62 86 90 -
Property Stds,
Zoning, Clean
Yard, Sign,
Fence, etc.
116 113 143 152 137 -
Animal Control 196 184 179 160 139 -
By-Law Services has a vacant By-Law/Property Standards Officer position and is currently in
the recruiting process. Due to the 50% reduction in By-Law staffing it is expected that a
response for by-law service will be delayed until the position has been filled and the new
recruit has completed orientation and training.
By-Law Financial Impact
Financial records indicate that the Protection/By-Law sector is slightly over budget $78 ending
Q2. The forecast at this time for year end is to be on budget. A copy of the financial summary
has been attached to this report.
DEPARTMENTAL TASKS/BUSINESS OBJECTIVES
Objective Target Project Status
Implement Amanda Building Permitting Software Solution Q2 Q3 Completed
Communicate Building Code Amendments Ongoing In Progress
Develop Post-Disaster Event Protocol/Procedures Q4 Not Started
By-Law Reviews - Noise Q4 Completed
By-Law Reviews – Animal Control, Traffic Q4 Not Started
Camera Installation at Library Lane – Monitor Alley
Dumping Q2 Q3 In Progress
Central Area Design Study – Vehicular/Pedestrian
Movement Reconfiguration – Town Centre Mall Rear
Entrance Proposal
Q3 In Progress
Central Area Design Study – Public Objectives – Alley
Connecting Walkways Proposal Q3 In Progress
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Central Area Design Study – Façade Improvement
Program Q4 In Progress
Review Planning Process & Procedures Q1 Completed
Zoning By-Law Review & Housekeeping Amendments Q1 Q4 In Progress
Review Site Plan Approval By-Law & Process Q1 Completed
Page 111 of 225
Report Title Auditor's Management Letter Report
Report No. FIN 19-16
Author Dave Rushton
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments Auditor’s Management Letter
Page 1 / 4 Auditor's Management Letter Report
RECOMMENDATION
THAT Council receive Report FIN 19-16 Auditor’s Management Letter Report, as information.
EXECUTIVE SUMMARY
As part of the reporting by the Auditor, in addition to Financial Statements, a Management Letter
is prepared with suggestions on improvements to the Town’s financial processes and systems.
OBJECTIVE
This report will clarify some of the comments by the Auditor and summarize the actions that
have been taken or will be taken as a result of the year end work done by both staff and the
Auditor.
BACKGROUND
2018 was a year of transition in the financial functions of the Town. There were changes in
financial software programs that started in 2017 with the addition of a purchasing software called
Paramount and the end of life of a software called Class which processed all of the Recreation
transactions as well as cash receipts for the rest of the Town’s transactions. The Recreation
software was replaced with a software called Legend and the Town’s other cash receipts were
changed to be processed directly into our accounting software Great Plains. The integration of
Paramount and Legend with Great Plains was not as straight forward as staff had hoped. At the
same time a new Manager of Finance and Financial Analyst were hired. These positions carried
out the bulk of the reconciliation work and each transaction had to be traced through the various
systems to ensure accuracy in the Town’s accounting records. This added to the time frame of
completing the year end work and staff was several weeks later than normal in completing their
tasks.
Management will respond to each of the items raised by the Auditor;
Page 112 of 225
Page 2 / 4 CAO
Deposits
As indicated by the Auditor, in 2018, staff did apprise Council of the movement of Inactive
Building Permits, Design Deposits and New Home Construction Deposits from their respective
accounts to the Development Remediation Reserve (See report Inactive Design Criteria Deposit
Policy #3-006). These funds were used to finance road and sidewalk reconstruction during 2019.
The process requires staff to attempt to return deposits where possible to the people or
companies that deposited funds with the Town. This process will continue as deposits more than
four years old are reviewed annually. The Town also holds deposits for security on subdivision
developments as well as construction holdbacks and these are being reviewed as well to ensure
that work was completed properly and where appropriate, money will be returned to the
companies that deposited them or they will be moved to the Development Remediation Reserve.
Finance staff has identified these items as part of the preparation for the 2018 year end and will
work with Engineering staff to bring these deposits to a resolution after the current construction
season.
Recreation
All revenue collected was deposited as it was received in 2018. The reconciliation of ensuring
the accuracy of the posting to accounts in both software programs started in 2018 and was
finalized in 2019. The auditors were not able to do a review on this in November and had to wait
until after the reconciliation was done. The staff and processes are now in place to ensure these
transactions are balanced monthly.
Reconciliations
Management agrees with the Auditor. The complexities of reconciling accounts coupled with
new staff and new software led to significant delays in completing these activities. The Deputy
Treasurer prepares the final review of the reconciliations and the Treasurer approves them. This
process will be done in timely manner in 2019.
Allowance for Doubtful Accounts
Management agrees with the Auditor. An administrative policy is being developed to improve the
accounts receivable process and collections.
Purchases
All invoices were approved either electronically or manually by the proper signing authorities.
The process for approving invoices electronically proved to be too cumbersome to continue so
staff returned to manually approving the items not purchased through a purchase order. A new
purchasing policy is in the process of being developed addressing invoice approveal and other
purchasing requirements.
HST
Page 113 of 225
Page 3 / 4 CAO
Staff arranged for a HST consultant to review financial transactions from 2014 to 2018 and
netted an additional refund to the Town of over $105,000. This also provided staff with more
detailed information on additional transactions that were eligible beyond what is indicated in the
auditor’s letter. Staff will continue ensuring that all HST is recovered and will verify HST
recoverable again in 2021 with another review by a HST consultant.
Amortization Policy
As indicated by the Auditor, the Asset Management Plan does a much more thorough analysis
of the expected remaining life of Town assets than the provincial averages used at the time of
moving to PSAB accounting. With this new information currently being developed through the
Asset Management Plan, staff will coordinate this with the amortization used in the Town’s
accounting for Financial Statements.
FINANCIAL IMPACT/FUNDING SOURCE
The Auditor’s letter has no direct financial impact although the recommendations may lead to
improved processes to continue to safeguard and recover monies due to the Town.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate accountability
Page 114 of 225
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Report Approval Details
Document Title: FIN 19-16 Auditor's Management Letter Report.docx
Attachments: - 2018 Town of Tillsonburg Management letter.pdf
Final Approval Date: Aug 27, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Aug 27, 2019 - 10:12 AM
Page 115 of 225
Page 116 of 225
Page 117 of 225
Report Title Turtlefest Loan Repayment
Report No. FIN 19-17
Author Dave Rushton, Director of Finance
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments
Page 1 / 3 Turtlefest Loan Repayment
RECOMMENDATION
THAT Council receives FIN 19-17 Turtlefest Loan Repayment, as information.
EXECUTIVE SUMMARY
At the July 8, 2019 meeting, Council approved a loan to cover the deficit from Turtlefest 2019.
Council agreed to lend $7,000 to pay for outstanding payables and that the Director of Finance
would develop a repayment plan.
BACKGROUND
Turtlefest gets money from sponsorship and other fees they charge for the event, held in June.
As the flow of funds would not be until 2020 and the Town of Tillsonburg has provided $10,000
in funding through the annual community grant program in the past, it is recommended that the
grant would provide the earliest repayment opportunity by repaying the loan out of the proceeds
of the 2020 community grant as determined by Council as part of the 2020 Budget deliberations.
FINANCIAL IMPACT/FUNDING SOURCE
The $7,000 loan has already been forwarded to Turtlefest and vendors were paid. A repayment
from the 2020 community grant will be used to eliminate this debt.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Demonstrate accountability
Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
Page 118 of 225
Page 2 / 3 CAO
2. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
Page 119 of 225
Page 3 / 3 CAO
Report Approval Details
Document Title: FIN 19-17 Turlefest Loan Repayment.docx
Attachments:
Final Approval Date: Aug 27, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Aug 27, 2019 - 10:15 AM
Page 120 of 225
Report Title 2018 Financial Statement Reconciliation
Report No. FIN 19-20
Author SHEENA PAWLIWEC, CPA, CGA
Meeting Type Council Meeting
Council Date SEPTEMBER 9, 2019
Attachments None
Page 1 / 2 FIN 19-20 Financial Statement Reconciliation
RECOMMENDATION
THAT Council receive Report FIN 19-20 2018 Financial Statement Reconciliation, as
information.
BACKGROUND
The surplus as indicated on the financial statements differs from that as presented by the
municipality due to Public Sector Accounting Standards (PSAB) financial presentation
requirements which require reclassifying certain items for presentation purposes only.
FINANCIAL IMPACT/FUNDING SOURCE
The 2018 financial statements show a surplus of $2,805,113 while the Town’s operating surplus
is $54,461. These two figures reconcile as follows:
Financial Statement Surplus $ 2,805,113
BIA excess revenue over expenses (78,704)
Amortization 2,601,784
Capital expenses (8,886,808)
Debt principal payments (1,091,006)
Equity acquired in Tillsonburg Hydro Inc. (356,464)
Net contribution from reserve (399,808)
Loss on disposal of Tangible Capital Assets 855,094
Debt proceeds 4,524,234
Sale of assets 81,026
Operating Surplus $ 54,461
Page 121 of 225
Page 2 / 2 CAO
Report Approval Details
Document Title: FIN 19-20 2018 Financial Statement Reconciliation.docx
Attachments:
Final Approval Date: Sep 4, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 4, 2019 - 10:27 AM
Page 122 of 225
Report Title 2018 Surplus Allocation
Report No. FIN 19-21
Author SHEENA PAWLIWEC, CPA, CGA
Meeting Type Council Meeting
Council Date SEPTEMBER 9, 2019
Attachments None
Page 1 / 2 9474798765,,,FIN 19-21 2018 Surplus Allocation
RECOMMENDATION
THAT Council receives report FIN19-21 2018 Surplus Allocation, as information;
AND THAT Council approve the allocation of the 2018 surplus of $54,461 be contributed to
specific reserves; Fleet & Equipment $50,000; and the balance to Tax Rate Stabilization
$4,461.
EXECUTIVE SUMMARY
To allocate the 2018 surplus to specific reserve accounts.
FINANCIAL IMPACT/FUNDING SOURCE
Staff is requesting Council to approve allocating $50,000 of this surplus to Fleet.
The balance of the surplus funds will go into the Tax Rate Stabilization Reserve for the future.
This allocation follows the policy as outlined in the 2017 report FIN 17-16 Annual Surplus/Deficit
Allocation Policy.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Excellence in Governance
1.3 Demonstrate accountability – Having and responsibly utilizing a surplus demonstrates
accountability.
Page 123 of 225
Page 2 / 2 CAO
Report Approval Details
Document Title: FIN 19-21 2018 Surplus Allocation.docx
Attachments:
Final Approval Date: Sep 3, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 3, 2019 - 5:32 PM
Page 124 of 225
Report Title RFT 2019-013 – Annandale Diamond Lighting
Enhancements
Report No. RCP 19-35
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments
Page 1 / 5 RFT 2019-013 – Annandale Diamond Lighting Enhancements
RECOMMENDATION
THAT Council receives Report RCP 19-35 RFT 2019-013 Annandale Diamond Lighting
Enhancements;
AND THAT Council cancel RFT 2019-13;
AND THAT the Annandale Diamond Lighting Enhancements are considered during the 2020
Budget deliberations.
EXECUTIVE SUMMARY
The Annandale Diamond Lighting Enhancements project is intended to replace the diamond
lighting on Diamond 3 with modern, efficient LED sports lights, add LED sports lighting to
Diamond 2 and build in the capacity to add lighting to Diamond 4 in the future. The tender
submissions received greatly exceed the available budget. Council should consider the project’s
updated cost in context with other capital priorities so this report recommends that the project be
deferred to the 2020 budget process. Alternatively, Council could decide to award the tender
and use a portion of the one-time additional $487,351 in Federal Gas Tax funding received in
2019 to supplement the approved budget.
BACKGROUND
The lighting at Annandale Diamond #3 was identified as not meeting the required standard
through a Facility Condition Analysis in 2017 and replacement of both system and pole
infrastructure was recommended. In discussions with the diamond user groups, it became clear
that the preferred approach is an enhancement to the facility by adding a second lit diamond to
increase the capacity for hosting league play and tournaments in Tillsonburg.
The proposed LED lighting systems will consume considerably less energy than the existing
system, but in order to implement the project the overall hydro infrastructure must be upgraded
to meet regulatory approvals. The change requires a new pad-mount transformer and upgraded
three-phase service. Once fully implemented, it is expected that the energy consumption from
all three LED-lit diamonds will be the same or less than that consumed by the current single-
diamond system.
Page 125 of 225
Page 2 / 5 RFT 2019-013 – Annandale Diamond Lighting Enhancements
The initial draft of the 2018 Capital budget included a proposed Annandale Lighting project to
replace the Diamond 3 lights and add Diamond 2 lights with a total budget of $350,000. Of that,
$81,000 was to be funded by Development Charges for a net taxation impact of $269,000.
During SLT’s review of the draft budget, the project was adjusted to have a budget of $100,000,
funded with $81,000 in DC’s, $5,000 in community contributions and $14,000 from taxation. The
planned approach was adjusted to be a phased project with Diamond 3 replacements in 2018
and Diamond 2 expansion in 2019. The implementation plan for this was that the labour to
design and install the lighting was to be done using Town staff from both RCP and Hydro
Operations within existing labour budgets. This was how the final 2018 budget was approved,
with the expectation of the 2nd diamond being funded in 2019. In order to use DC's the project
must include the added capacity achieved by lighting a 2nd diamond.
Implementing the project in 2018 using Town staff was found to be impossible for regulatory,
workload, and technical knowledge reasons. An alternative approach to obtain and redeploy a
used system was pursued in order to stay within the budget. The used pole infrastructure is
reusable but the actual lighting system was found to be beyond salvage. Staff then secured an
external consultant to design the project and prepare specifications for procurement. The design
scope included replacement of Diamond 3 lights, installation of lights at Diamond 2, and
upgrades to the base electrical infrastructure on the site to support the expansion including
capacity for future lighting at Diamond 4.
The 2019 as approved budget added another $50,000 from taxation to the overall project budget
for a total of $150,000. Staff expected the implementation to be phased with one diamond in
2019 and the second moving forward in 2020, unless the procurement process secured pricing
at or close to the available budget.
The design specifications were completed June 21, and the tender was issued on June 26 as
one complete project rather than a phased project. The tendered design was for both diamonds
to be lit as one installation in the hopes of securing maximum mobilization savings. In addition,
the design utilizes shared poles between the two diamonds so the balancing of the elevated
components to maintain pole integrity is very important, and considerably easier if done as one
installation. The tender closed on July 28, and the bids submitted greatly exceed the available
approved budget.
RFT 19-013 was issued and four qualified bids were received. The tendered cost for the project
is significantly higher than the available budget, largely because the original implementation
model of using Hydro Operations staff to do the work is not viable. In addition, the cost of
components is higher than anticipated due to exchange rates and market pricing fluctuations.
The design team has reviewed the bids and do not have any concerns with any of the vendors’
ability to complete the specified work. If Council decides to proceed with the project in 2019, staff
Vendor
Submitted
Bid
Pole Installation
Reduction
Potential
Net Cost
Clark-Haasen Electric $267,276.00 $3,500.00 $263,776.00
Pfaff Electric Ltd $270,500.00 $22,000.00 $248,500.00
911777 Ontario Limited O/A T.A. Thomson Electrical Contractors $288,744.00 $2,700.00 $286,044.00
Holaco Installations Limited $428,300.00 $4,260.00 $424,040.00
Page 126 of 225
Page 3 / 5 RFT 2019-013 – Annandale Diamond Lighting Enhancements
recommends that the work be awarded to Clark-Haasen Electric, the lowest compliant bid price
submitted.
CONSULTATION/COMMUNICATION
The lighting project design was completed by Chorley & Bissett Consulting Engineers. Prior to
the development of the design, staff received input and suggestions from the diamond user
groups.
FINANCIAL IMPACT/FUNDING SOURCE
The approved budget in 2019 for the Annandale Diamond Lighting Enhancement project is
$150,000 funded by $81,000 in Development Charges, $5,000 in contributions from the
Tillsonburg Mens Slo-Pitch organization and $64,000 from the taxation-supported capital
program. To date, $49,992 has been spent to acquire the lighting poles for the project and on
the project design and tender review, leaving $100,008.
The difference between the remaining approved budget and the lowest compliant bid is
$167,268. As the funding gap is so significant, staff recommends that Council cancels the
current tender process and reviews the project as part of the larger context of the 2020 Capital
Budget process.
As the level of Development Charge funding was established as an estimate a number of years
ago, it is also possible to amend the amount of DC funding allocated to equal 90% of the actual
costs of implementing the increased capacity represented by the 2nd diamond and larger service.
A reasonable calculation of this would increase the potential DC contribution from $81,000 to
$120,000.
If Council prefers to proceed with the project, staff recommends the differential amount is funded
by utilizing the increased DC allocation and a portion of the $487,351 in one-time additional Gas
Tax funding received for 2019. Use of Gas Tax funds is subject to approval by AMO; however
staff has obtained preliminary confirmation that the project does meet Gas Tax funding criteria.
The alternative resolution for this approach would be:
THAT Council receives Report RCP 19-37 – Awarding RFT 2019-034 – Annandale
Diamond Lighting Enhancements;
AND THAT Council award RFT 2019-34 to Clark-Haasen Electric for their tendered price
of $267,276;
AND THAT the Development Charge funding allocated to the project be increased to
$120,000;
AND THAT $128,268 in Gas Tax funding be allocated to the project.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment opportunities
Page 127 of 225
Page 4 / 5 RFT 2019-013 – Annandale Diamond Lighting Enhancements
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
Page 128 of 225
Page 5 / 5 RFT 2019-013 – Annandale Diamond Lighting Enhancements
Report Approval Details
Document Title: RCP 19-35 - RFT 19-013 - Annandale Diamond Lighting
Enhancements.docx
Attachments:
Final Approval Date: Sep 3, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 3, 2019 - 10:56 AM
No Signature - Task assigned to David Calder was completed by workflow administrator
Donna Wilson
David Calder - Sep 3, 2019 - 11:34 AM
Donna Wilson - Sep 3, 2019 - 1:46 PM
Page 129 of 225
Report Title RZone Policy – Responsible Behaviour in Recreation
Spaces
Report No. RCP 19-36
Author Andrea Brown, Recreation Programs & Services
Manager
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments Draft RZone Policy
Page 1 / 2 RZone Policy – Responsible Behaviour in Recreation Spaces
RECOMMENDATION
THAT Council receives Report RCP 19-36 RZone Policy - Responsible Behaviour in Recreation
Spaces;
AND THAT By-Law 4340 to adopt an RZone Policy, be brought forward for Council's
consideration.
EXECUTIVE SUMMARY
The purpose of this report is to provide an overview of the RZone policy and to seek approval to
implement the policy for the Town of Tillsonburg.
BACKGROUND
The Town of Tillsonburg is committed to fostering an environment that ensures the safety of the
general public, user groups, volunteers and staff in its Recreation, Culture and Parks programs,
facilities and properties. The RZone policy originated in Oakville and has been adopted by many
other municipalities and has been successful in reducing inappropriate behaviours in public
spaces. The Town of Tillsonburg acknowledges permission from the Town of Oakville to adopt
and adapt the policy for use in recreation facilities.
The policy provides community volunteers and Town staff with the tools to manage inappropriate
behaviour effectively and enforcement guidelines to maintain fairness and consistency in how
specific incidents are handled across the Recreation, Culture and Parks department.
The purpose of the RZone policy is to promote:
Facilities that are free from violence, disrespect and other inappropriate behaviours;
The safety and security of attendees, volunteers and staff at recreation facilities;
An environment of Respect for others, and Responsibility for one’s actions for all those
attending Town of Tillsonburg recreation facilities;
Reduced vandalism, violence and other inappropriate behaviours at recreation facilities,
through enforcement of the policy.
Page 130 of 225
Page 2 / 2 RZone Policy – Responsible Behaviour in Recreation Spaces
CONSULTATION/COMMUNICATION
At the Recreation & Sports Advisory Committee meeting on June 26, 2019 the committee
passed the following resolution:
THAT the RZone Policy as presented to the Recreation & Sports advisory committee be
approved and endorsed by the committee and THAT this policy be adopted by the
Council as town policy.
The committee would like to see the RZone policy in place in September in order to ensure there
is time to educate user groups and contract holders about the expectations around appropriate
behaviour in municipal facilities.
The Recreation, Culture and Parks department will educate facility users and program
participants on the policy including: posting the RZone policy and related information on the
Town website; making information pamphlets available at facilities and for program participants
and user groups; and including RZone policy awareness in Recreation, Culture and Parks
employee training programs.
FINANCIAL IMPACT/FUNDING SOURCE
The costs of signage associated with implementing and communicating the RZone policy will be
funded through the 2019 RCP operational budget.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
Page 131 of 225
9-009 Page 1 of 10
RECREATION, CULTURE AND PARKS
Policy 9-009: RZone Policy
Approval Date: September 9, 2019
Approval Authority: Council, By-Law ####
Effective Date: September 9, 2019
Next Scheduled Review Year: 2023
Department: Recreation, Culture and Parks
Last reviewed: Month, DD, YYYY
Revision Date/s:
Schedules:
Policy Statement:
Tillsonburg’s properties include facilities such as arenas, swimming pools, parks, skate
parks, trails, community centre, sports fields and associated parking lots. These
properties provide residents with opportunities to enjoy social and recreational activities
in a safe and positive environment.
Tillsonburg operates programs and properties that encourage public participation and is
committed to ensuring the safety of all participants, spectators, volunteers and staff in
accordance with the Occupiers’ Liability Act, the Ontario Human Rights Code, The
Occupational Health and Safety Act, the Trespass to Property Act, the Criminal Code,
municipal by-laws and policies and other provincial legislation.
Throughout Tillsonburg, many programs, services and facilities are operated and
managed by community volunteers. Tillsonburg wants to ensure that they have the
ability to volunteer in a safe and positive environment. The user groups or contract
holders utilizing Tillsonburg’s facilities and property must take PRIMARY responsibility
for the behaviour of all individuals associated with their usage of the facility or property;
this includes the athletes, coaches, officials, spectators, volunteers, renters and users.
Purpose:
The RZone Policy requires persons using a Town facility, park or program to respect
others and take responsibility in helping the Town maintain a safe and comfortable
environment for all participants, spectators, volunteers and staff. They have the right to
expect that others will behave in a manner consistent with a safe and positive
environment in public spaces. With this right comes the responsibility to be accountable
for actions/behaviours that put the safety of others at risk. The RZone Policy helps to
ensure that inappropriate behaviours are dealt with in an equitable and consistent
manner.
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9-009 Page 2 of 10
The Town of Tillsonburg will have zero tolerance for inappropriate behavior, violence,
indecency or vandalism within its programs or properties, and will take appropriate
action where necessary to deal with these incidents.
Scope:
The policy applies to all Tillsonburg Properties (including indoor and outdoor facilities)
and activities that are being conducted on all of the properties – both structured (permit
issued) and unstructured (no permit issued) and to all patrons and guests.
The aim of this policy is to ensure that measures are in place so that incidents of
inappropriate behaviour, violence, indecency, or vandalism do not occur on its
properties. Circumstances not addressed in this policy or exceptions to this policy will
be addressed on a “case by case”basis.
Policy Goals:
1. To provide a comfortable, respectful and safe environment for patrons and
guests of the Towns programs and properties.
2. To provide a comfortable, respectful and safe work environment for Town of
Tillsonburg staff and community volunteers. This policy will be applied in
coordination with Tillsonburg’s respect in the workplace, workplace harassment
and violence policies.
3. To recognize and meet the needs of all Tillsonburg programs and properties to
implement zero tolerance when dealing with inappropriate public conduct on
Tillsonburg property.
4. To reduce or eliminate violence on town properties, both indoor and outdoor.
5. To increase the level of awareness of users regarding appropriate behaviour and
the importance of a positive and supportive environment.
6. To ensure that wireless internet connections in Town of Tillsonburg facilities are
used in keeping with the respectful and decent tone of a public facility used by
children and families.
7. To outline the process that will be implemented to address inappropriate
behaviour, violence, vandalism and the inappropriate use of technology.
Definitions:
Community Volunteer
a) A representative of a community hall group;
b) A representative of a field management group; or
c) A representative of a community group sponsoring a recognized Town of
Tillsonburg special event.
Contract Holder
a) An individual who assumes personal responsibility for the contract;
b) Designated representative of a recognized minor or junior sports association; or
c) Legal entity or corporation.
Harassment
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9-009 Page 3 of 10
For the purpose of this policy, harassment is defined as engaging in a course of
vexatious comment or conduct that is known or ought reasonably to be known to be
unwelcome” as defined by the Ontario Human Rights Code and covered by the Town of
Tillsonburg’s Workplace Violence and Workplace Anti-Violence, Harassment and
Sexual Harassment Policies.
Inappropriate Behaviours and/or Violence
For the purposes of this policy, the definitions of inappropriate behaviour and/or
violence, inappropriate use of technology and vandalism include but are not limited to:
Refusal to abide by specific program or facility rules and any contravention of
Town by-laws, policies or procedures
Verbal assaults (profanity and/or loud verbal assaults including racial or ethnic
slurs, directed at participants, spectators, referees, staff and volunteers)
Threats or attempts to intimidate
Throwing of articles in a deliberate or aggressive manner
Aggressive approaches to another individual
Attempts to goad or incite violence in others
Physical striking of another individual
Theft of property
Vandalism
Harassment
Possession of weapons
Participation in any illegal act on Town of Tillsonburg Property (i.e. drugs,
drinking, use of tobacco products in areas designated tobacco free, etc.)
Inappropriate Use of Technology
For the purposes of this policy, inappropriate use of technology includes but is not
limited to:
Using technology devices to photograph images of participants, spectators, Town
of Tillsonburg staff or volunteers without their express written consent using
technology device(s) for illegal or criminal purposes.
Invading or attempting to invade another person’s privacy
Sending or receiving documents, websites or pages that contain lewd, illegal or
offensive materials via internet.
Viewing, producing or exhibiting lewd, illegal or offensive materials, either hard
copy or using technology devices.
Sending or creating viruses, worms and other invasive computer programs
Hacking or other unauthorized access or attempts thereof
Illegal downloading or copying software or data.
Regular User Sport Group
Resident or non-resident sport organizations, that rent facilities on a weekly basis for
the applicable sport season.
Rzone
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9-009 Page 4 of 10
Respect for yourself; Respect for others; and Responsibility for your actions.
Staff
Incident Review and follow-up staff shall mean the Director of Recreation Culture and
Parks and the Recreation, Programs and Services Manager.
RZone Appeals Committee
Senior Leadership Team except the Director of Recreation Culture and Parks
Vandalism
For the purpose of this policy, vandalism is defined as the deliberate act of destruction
or damage to Town of Tillsonburg owned property, buildings, or equipment. Examples
of vandalism include but are not limited to:
Glass breakage
Graffiti
Theft
Arson
Enforcement Procedures:
In accordance with the Occupiers’ Liability Act, the Occupational Health and Safety Act,
the Trespass to Property Act, the Criminal Code, municipal by-laws and policies and
other provincial legislation, contract holders and community volunteers are authorized to
initiate enforcement options at Town of Tillsonburg programs and properties.
In the event that the contract holder or community volunteer cannot control the situation:
1. When possible, Town of Tillsonburg facility staff will be asked for assistance; or
2. In the event that Town of Tillsonburg facility staff are not available, the contract
holder and/or community volunteer will contact the Ontario Provincial Police
(OPP) for assistance.
When inappropriate behaviour, violence, vandalism or inappropriate use of
technology is witnessed:
1. Assess situation to determine if policy should be enacted.
2. Request that the identified party, without jeopardizing one’s safety, cease the
inappropriate behaviour and/or violence immediately.
3. Advise the identified party that failure to cease the inappropriate behaviour,
violence, vandalism or inappropriate use of technology that jeopardizes the
safety of others or themselves, will result in police being called and advise they
will be considered to be trespassing.
4. If the individual refuses to cease inappropriate activity, do not engage in
argument or physical confrontation, call the police (911) and report the
individual(s) immediately.
5. Advise authorized staff of the situation, if applicable.
6. Complete all aspects of the RZone Incident Form and submit to the Director of
Recreation, Culture and Parks within three (3) business days of the
incident.
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9-009 Page 5 of 10
7. Incident will be reviewed by Recreation, Culture & Parks staff.
8. Follow up action will be taken and documented.
Incident Review and Follow-up:
This process will be administered by the Recreation, Culture and Parks department
upon receipt of an RZone Incident Report.
1. Staff will review the RZone Incident Form. As well, staff may view available video
of the occurrence and follow up with interviews if necessary.
2. Staff will contact the Ontario Provincial Police to determine if a report has been
filed and obtain any further information or details related to the incident.
3. Should the incident be associated with a contract holder or community volunteer
at the time of occurrence, staff will work with the contract holder or community
volunteer to determine the details of the incident.
4. Staff (and the contract holder or community volunteer, if applicable) will meet with
the individual(s) responsible for the inappropriate behaviour, violence, vandalism
or inappropriate use of technology to review the suspension and issue the letter
of suspension. Facility staff, contract holder and/or community volunteer and the
police will be notified when applicable and copied regarding outcome of the
investigation.
5. Should the individual(s) choose not to meet, a letter of suspension will be sent by
staff utilizing registered mail (if address is known).
6. Should the incident involve damages to a Town of Tillsonburg facility or result in
increased maintenance, an invoice for recover of repair of damages, including
materials and labour and an administrative fee will be charged.
7. There will be no reconsideration by the Town of Tillsonburg with respect to the
length of the suspension time given, unless new information becomes available.
8. Following the fifth (5th) anniversary of a reported incident, with no further
contraventions of this policy, the individual’s record will be expunged.
Appeal Process:
Individuals may appeal an RZone suspension by using the following process:
1. Individual(s) wishing to appeal any disciplinary measure may present their case
in writing, accompanied with a mandatory $100 fee to the RZone Appeals
Committee within 14 days of the decision. The fee will be refunded if the appeal
is successful.
2. The RZone Appeals Committee will review the in consultation with the
appropriate staff or organization, appeal and any decision made is final.
Education & Awareness:
Town of Tillsonburg Recreation, Culture and Parks staff, along with community
volunteers, will undertake a promotional and educational campaign aimed at raising
awareness among parents, volunteers, spectators and general public of the RZone
Policy and in particular, the importance of their role in creating a positive atmosphere
when on Town of Tillsonburg properties.
Initiatives will include:
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9-009 Page 6 of 10
Circulation of the policy to all facility rental contract holders and community
having management agreements with the Town of Tillsonburg;
Signage/posters to be displayed on all Town of Tillsonburg properties;
The policy will be referenced in the Terms & Conditions section on all facility
contracts and permits.
Regular user groups will be asked to update and amend their club’s constitutions
and/or code of conduct to reflect this policy.
Regular user groups will be asked to designate a person responsible for the
implementation and administration of the Public Conduct on Town of Tillsonburg
Policy at each event;
Community volunteers will be asked to reference the policy in their organization
newsletters/booklets/websites and will be provided with tools to help
communicate to participants, parents and patrons.
Where possible, announcements will be made prior to all games regarding the
policy and reporting of incidents
On an ongoing basis, staff will follow-up with representatives of organizations
that have had incidents or been affected by this policy, to review the process and
resulting consequences to ensure the policy is addressing inappropriate behavior
in an effective manner; and
Staff will review the education and promotional campaign on an annual basis with
community groups to ensure the policy remains effective.
Prevention of Incidents
In an effort to prevent inappropriate behaviour, violence, vandalism or inappropriate use
of technology, community groups shall be requested to:
Ensure all participants, coaches and parents sign a Code of Conduct contract.
Ensure all spectators are aware of the RZone Policy.
Have a representative for each group or team on site who understands the terms
of the policy.
In the event of an incident, advise without jeopardizing one’s safety, identified
party that there is a zero tolerance for inappropriate behaviour and they are
contravening the RZone Policy.
Recreation, Culture and Parks front-line staff will receive training on their roles and
responsibilities as set out in the RZone Policy, and will be re-trained on an annual basis.
Facility user groups and community volunteers will be notified of the updated policy.
Recreation, Culture and Parks staff will provide orientation sessions to ensure they are
aware of and informed about the updated policy and their role to ensure that all
participants, spectators, volunteers and staff have the right to be safe and feel safe
while attending a program or facility on Town of Tillsonburg property.
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9-009 Page 7 of 10
RZone Incident Report
Individual Reporting Details:
Name of Person Reporting ________________________________________________
Department ____________________________________________________________
Position _____________________________________ extension _________________
Date incident was reported ________________________________________________
Incident Information:
Date __________________________________ Time __________________________
Incident Information _____________________________________________________
Location of Incident ______________________________________________________
Participant(s) Involved:
Complainant Name____________________________________________________
Address ______________________________________ Postal Code ______________
Phone ____________________________________
Respondent Name __________________________________________________
Address ______________________________________ Postal Code ______________
Phone ____________________________________
If there are more participants involved, please attach extra pages.
Category (please check all that apply)
Verbal assault
Threats
Physical assault/harm
Vandalism
Possession of Weapons
Use of alcohol or drugs
Harassment
Theft of property
Other (please specify in detail)
_________________________________________________________________
Describe in detail what happened:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Other relevant information:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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9-009 Page 8 of 10
Who else was made aware of the incident?
Name ________________________________________________________________
Address ______________________________________ Postal Code ______________
Phone _______________________________________
If there are more individuals involved, please attach extra pages.
If another individual was made aware of the incident, how were they informed?
In-person
Phone
Email
Other (please specify in detail)
_________________________________________________________________
Date the individual was informed: ____________________________________
Please identify if another individual witnessed the incident.
Name ________________________________________________________________
Address ______________________________________ Postal Code ______________
Phone _______________________________________
If there are more individuals who witnessed the incident, please attach extra pages.
For Office Use Only:
Action Taken (please check):
Verbal Warning
Date: _______________
Letter of Warning
Date: _______________
Letter of Trespass
Date: _______________
Appeal:
No
Yes
Date: ________________
Outcome:______________________________________________________________
______________________________________________________________________
Date File Closed: ________________________________________________
Name: ____________________________ Position: ___________________________
Signature:
______________________________________________________________
Personal information on this form is collected under the authority of the Municipal Act,
2001, S.O. 2001, c. 25 and will be used for the purpose of aggregate statistical
reporting, and allocation of staff and resources. This information will also be used for the
promotion of programs or activities so that we can provide good customer service.
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9-009 Page 9 of 10
RZone Enforcement Guidelines
The following chart represents guidelines and outlines the consequences for acts of
inappropriate behaviour, violence, vandalism or inappropriate use of technology in Town
of Tillsonburg programs and property. It is understood this does not include all types of
inappropriate behaviour, violence, vandalism or inappropriate use of technology. Each
incident will be reviewed based upon the information available at the time and that the
consequences outlined below are guidelines and may be adjusted to reflect the severity
of conduct and/or actions involved. Any restrictions/suspensions will apply to all Town of
Tillsonburg programs and properties.
Subsequent acts of inappropriate behaviour, violence, vandalism or inappropriate use of
the technology that will result in increased consequences and incidents may be reported
to the Oxford OPP detachment, which may result in criminal charges.
Behavior Description Consequenc
e of 1st
Occurrence
Consequenc
e of 2nd
Occurrence
Consequenc
e of 3rd
Occurrence
Consequenc
e of 4th
Occurrence
Inappropriat
e behaviour,
non violent
in nature:
- refusal to
abide by
specific
program or
facility rules
or the terms
of a rental
contract
-
inappropriat
e verbal
language
and non
verbal signs
- illegal acts
such as use
of tobacco
products,
alcohol
-
inappropriat
e use of
technology
Immediate
ejection,
followed by
written
warning
1 Month
Suspension
3 Month
Suspension
6 Month
Suspension
Inappropriat
e behaviour
with the
potential to
incite
- threats
and
attempts to
intimidate
- verbal
Immediate
ejection,
police
contacted,
followed by
6 Month
Suspension
3 Year
Suspension
Page 140 of 225
9-009 Page 10 of 10
violence:
assaults
- throwing
of articles
- physical
intimidation
written
warning
Inappropriat
e behaviour
with
physical
violence:
- physical
contact
- fighting
(excluding
on- ice,
arena floor
and sport
field
activities)
Immediate
ejection,
police
called,
1 year
suspension
3 Year
Suspension
5 Year
Suspension
Vandalism - glass
breakage
- graffiti
- theft
- arson
- spam
Immediate ejection. Those identified as perpetrating
vandalism will be required to pay 100% cost of repairs
(including but not limited to materials, equipment, labour
and administrative costs). A suspension may be applied.
In the event that the individual(s) can’t be identified, the
contract holder will be held responsible and invoiced
accordingly.
Page 141 of 225
Report Title Aquatic Facility Upgrades in Tillsonburg
Report No. RCP 19-37
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments Investing in Canada Infrastructure Program Guidelines
RCP 19-27 - Aquatics Facility Needs and Concepts
Page 1 / 8 Aquatic Facility Upgrades in Tillsonburg
RECOMMENDATION
THAT Report RCP 19-37 Aquatic Facility Upgrades in Tillsonburg be received;
AND THAT Staff prepare a submission for the Investing in Canada Infrastructure Program’s
Community, Culture & Recreation Stream 2019 funding intake;
AND THAT the submission incorporates a major upgrade to the Tillsonburg Community Centre
in alignment with the expressed priorities of the community;
AND THAT the submission incorporates a revitalization of the Lake Lisgar Waterpark area;
AND THAT the submission reflects a municipal contribution of 27% up to a maximum of
$6,000,000.
EXECUTIVE SUMMARY
Council directed staff to provide information and recommendations with respect to the future of
aquatics facilities in Tillsonburg. This report also includes a recommendation to proceed with
submitting an application for funding to the Investing in Canada infrastructure Program with
shared costs between the national, provincial and municipal levels of Government. It is
anticipated that, if successful with the application, the detailed design work and procurement
would take place in 2020 with construction in 2021 & 2022.
BACKGROUND
Council is familiar with the fact that the Town’s indoor and outdoor aquatic facilities require
expensive rehabilitation and updates to extend their life and to meet the changing needs and
expectations of the community. Many communities like Tillsonburg are facing the same
challenge with respect to aging and out-of-date infrastructure.
Facility Condition Analyses performed in 2017 as part of the Town’s Asset Management
Planning identified the need for an estimated $2,275,000 asset management expenditure on
these facilities during the 2018-2020 timeframe. These expenditures would bring the facilities
into a ‘state of good repair’ at a status quo design. So far in 2018 and 2019, the Town has
budgeted $384,000 for this purpose (mostly at the Waterpark), leaving an estimated need of
$1,891,000 for 2020. This amount by itself represents more than the entire 2019 taxation-
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Page 2 / 8 Aquatic Facility Upgrades in Tillsonburg
funded capital funding envelope, leaving very little room for other capital priorities. Deferring this
needed expense will compromise the ability of the indoor facilities to continue providing service
at the level that Tillsonburg is accustomed to, and has already compromised the service level of
the outdoor facility.
The update provided to Council in June (RCP 19-27 – Aquatic Facility Needs and Concepts)
included a recap of the choices before Council as summarized by the consultants Monteith
Brown and the high-level cost implications of each of those choices. This report provides more
detail and staff recommendations with respect to the choices.
Indoor Aquatic Facilities
The Aquatics Facility Needs and Concepts report from Monteith Brown that was provided to
Council in April includes the following recommendations, assuming that Council wishes to
implement changes beyond ‘status quo’ that align with the community’s indicated wishes and
operational pressures:
Add warm water/therapeutic opportunities
Improve barrier-free accessibility
Add family/universal changerooms
Improve access control (circulation)
Provide adequate (more) storage
Consolidate aquatics administration space
MJMA considered these recommendations and other ideas in their conceptual design work
which was also provided to Council in April. The proposed expansion potentially achieves all of
the above improvements as well as the rehabilitation of the existing pool and deck at an
estimated cost of $20.67 million.
A project of this scale is only possible for a municipality the size of Tillsonburg when other levels
of government participate, and the current Investing in Canada Infrastructure Program (ICIP)
could provide up to 73% of the cost, leaving the Town’s contribution in the range of $5.6 million.
Council tasked the Memorial Park Revitalization Advisory Committee and the Recreation & Sport
Advisory Committee (the Committees) with considering the future direction for aquatic facilities
and providing a recommendation. In June, the Committees provided the following
recommendation:
THAT the Memorial Park Revitalization and Recreation & Sports Advisory Committees
recommend to Council that the future of indoor aquatics is critical and that they support
continued work to determine the best options to have the aquatic facilities modernized
through accessibility improvements, family change rooms, therapeutic and warm water.
The Committee’s recommendation reflects the greatest long-term value to Tillsonburg and area
residents, provided that infrastructure funding grants are successfully obtained. If Council
concurs with the Committee’s recommendation, staff recommend that an application to the ICIP
intake be prepared that aligns with the priorities of the community as presented in the Monteith
Brown Aquatics Facilty Study and using the concepts developed by MJMA.
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Page 3 / 8 Aquatic Facility Upgrades in Tillsonburg
At minimum, staff recommends that the Town implement the 2018-2020 asset renewal work in
2020 at the indoor facility to bring the facility to a ‘state of good repair.’ This will require an
estimated $1.1 -1.5 million for replacement of the ceramic tiles on the deck, changeroom floors,
and in the pool tank as well as mechanical system replacements. It will also require a pool
shutdown for 6-10 weeks to complete the work. This project will be brought forward as part of
the 2020 draft capital budget as a fall-back position if ICIP funding is not secured in the current
intake. There will be other infrastructure grant intake windows in the future and in the mean-
time, carrying out this work will ensure the existing indoor facilities can continue to provide the
current level of service.
Outdoor Aquatics Facilities
The Aquatics Facility Needs and Concepts report from Monteith Brown identifies that the priority
decision that Council must make with respect to the long-term future of the facility is whether to
stay in the waterpark business or not. Other decisions fall out from there. The report outlines
the industry trends and summarizes the Tillsonburg facility’s performance over the last 4-5
years.
The preliminary 2019 summer visitor count and admission revenue are significantly higher than
that of 2018 which was the first year without an operational waterslide compounded by terrible
summer for weather. However, it appears that the trend of year-over-year decline is continuing
with admission results lower than 2017, a historically bad year due to water clarity issues.
(Note: 2019 results are preliminary)
Admission revenue has declined by about 50% over the last 10 years. This result indicates that
the demand for the type of experience offered in Tillsonburg, while extremely valued by those
who do attend, is no longer at a level where the estimated $1.07 million cost to refurbish the
pool, waterslide and mechanical aspects of the facility to ‘a state of good repair’ is warranted.
This capital cost alone represents almost 24 years of admission revenue at 2019 levels, without
taking any operating costs into account. If infrastructure grant funding is obtained through a
program like the ICIP to reduce the local contribution required, the Town would still need to
contribute approximately $290,000 to the project.
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
20092010201120122013201420152016201720182019'09-'19 LLWP Admissions Revenue
Admissions
Linear (Admissions)
Page 144 of 225
Page 4 / 8 Aquatic Facility Upgrades in Tillsonburg
To attempt to attract a larger visitor base (i.e. more admissions) will require a change in the
experience offered. This means at minimum, a further $833,000 estimated cost to refurbish the
existing building, or an estimated $3.47million to renovate the building to current accessibility
and amenity standards. Expanded water play elements (e.g. lazy river or a 2nd waterslide) or
Disney-esque thematic elements (e.g. Treasure Island or Jurassic Park) would change the
experience offered but cost estimates for this type of major re-imagining of the facility begin at
another $500,000 and go up from there. Given recent performance, the business case for
making this level investment is very poor, especially for a single-season outdoor facility.
Having considered all of the above, in June, the Committees provided Council with the following
recommendation regarding outdoor aquatic facilities:
THAT the Memorial Park Revitalization Advisory Committee and Recreation & Sports
Advisory Committee recommend to Council that the Lake Lisgar Water Park facility be
demolished and replaced by a splash pad facility.
The Committee’s recommendation reflects a fiscally responsible direction for Tillsonburg and
area residents, especially when the opportunity to leverage ICIP funding is available. Including
the demolition and replacement of the outdoor facility with a splash pad as part of the ICIF grant
application at an approximate cost of $1.06 million would require the Town to contribute
$286,000.
If Council supports the recommendation of the Committees, staff recommends that the LLWP be
operated in 2020 at a status-quo level for a final year to provide a pool option next summer while
the indoor pool work is done if the grant is unsuccessful. If the grant application is successful,
then the demolition and replacement can begin after the end of the 2020 season in time for
completion in 2021.
Comparison Projects
At the Council meeting of July 8, 2019, the following resolution was passed:
Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart
THAT staff investigate and report back to council as part of the aquatics report
information on the renovation of the Ingersoll and Port Hope indoor pools which would
include cost and scope of project, architect and any other information that may be
deemed appropriate as to provide council with a comparative project based in a similar
sized municipality.
Below are examples of projects with similar elements for comparison purposes including those
from Ingersoll and Port Hope.
Maitland Recreation Facility (2004) - $19 Million - 81,800 square feet
Goderich, Ontario. Population 7,600
Architect: Tillman Ruth Robinson
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Page 5 / 8 Aquatic Facility Upgrades in Tillsonburg
Demolished outdoor pool to replace with splash pad. Built a new indoor facility with an
indoor pool including hot tub and slide, arena, walking track, fitness centre, gymnasium
and all the change room and dressing room facilities, lounge, snack bar.
Malton Community Centre Pool Addition (2010-2011) - $9 Million - 14,200 square feet
Mississauga, Ontario. Population 829,000
Architect: MacLennan Jaunkalns Miller Architects
The pool addition and change facilities expanded the existing Malton Community Centre
and was delivered on a fast-track schedule to meet the Federal Infrastructure Stimulus
funding deadline.
Clarkson Community Centre Pool Addition (2010-2011) - $9.3 Million - 18,400 square feet
Mississauga, Ontario. Population 829,000
Architect: MacLennan Jaunkalns Miller Architects
A new aquatic centre building addition to the existing Clarkson Community Centre created
a revitalized focal point. The new 25metre lap pool and leisure basin project was
delivered on a fast-track schedule to meet the Federal Infrastructure Stimulus funding
deadline.
Jack Burger Sports Complex Revitalization (2014-2016) - $6.5 Million – 22,000 square feet
Port Hope, Ontario. Population 16,700
Architect: Tillman Ruth Robinson
The Municipality of Port Hope revitalized the pool area at the Jack Burger Sports
Complex, including a new pool viewing area, change rooms, and added a family
accessible change room, a community room and mezzanine space, elevator and
accessible components. The existing pool portion of the building was demolished and
rebuilt with new energy systems and a new pool. The Low E Ceiling in the arena was
replaced, as well as the arena light fixtures.
Ingersoll Pool Roof Repair (2018-2019) - $1 million
Ingersoll, Ontario. Population 12,750
Architect: N/A
Ingersoll repaired the pool roof and moved the gym and put in all new equipment looking
over the pool. The project also included painting throughout the building. The roof
component was approximately $750,000. The new gym was approximately $150,000.
Family changeroom renovation (2018-2019) - $60,000
Kincardine, Ontario. Population 11,200
Architect: N/A
Renovated the family change room into a fully functioning change room by adding
partitions to make 4 private changing stalls. In the change area where there was a
curtain for privacy, two large private change rooms that are wheelchair accessible and
have a manual hoist were created. The floor was refinished with tiles and three showers
were added, one of which is wheelchair accessible.
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Page 6 / 8 Aquatic Facility Upgrades in Tillsonburg
FINANCIAL IMPACT/FUNDING SOURCE
Debt financing will have to be part of the funding solution for a project of this scope. Pursuing a
project of this size will considerably constrain the Town’s ability to finance other projects.
However, the opportunity to pursue infrastructure funding and secure up to 73% of the project
budget cost from other levels of government makes the project much more viable for the Town.
Long term capital borrowing is facilitated through Oxford County often through Infrastructure
Ontario. The rates are locked in for the term of the debenture and are currently less than 4%.
Implementing a capital fundraising program as a Tillsonburg Sesquicentennial Legacy Project
could result in a substantial non-tax funding source for this project. A properly resourced
fundraising project has the potential to secure the full municipal contribution, although a 50%
target ($3million) is more likely to be successful. Whichever project scope that Council approves
for the aquatic facility upgrades, staff recommends that a capital fundraising program is
established with a target of 50% of the expected municipal contribution.
Local service clubs have contributed significantly in the past towards establishing the existing
aquatic facilities. Information similar to that provided to Council has been sent to these
organizations to invite their feedback. The service clubs may be willing to participate in raising
funds for the project.
Council should consider making an approach to neighbouring municipalities in Oxford and Elgin
Counties where a considerable percentage of the users for Tillsonburg’s aquatic facilities live.
Securing one-time support for a capital project that reflects the benefit to their residents is a
reasonable request. A similar approach was made in the run-up to the 2002-2004 arena
renovation project with some area municipalities agreeing to contribute.
Given the therapeutic elements incorporated into the conceptual design, it is worth considering
an approach to area health providers for participation in the project. A partnership like this may
improve the likelihood of ICIF application success as well as some local financial support.
The approved 2019-2024 Development Charge study includes a $44,177 allocation for an
expansion to the health club facility in the Community Centre which could be used towards the
Town’s component of the overall project funding if the health club elements are included in the
project.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
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Page 7 / 8 Aquatic Facility Upgrades in Tillsonburg
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
Page 148 of 225
Page 8 / 8 Aquatic Facility Upgrades in Tillsonburg
Report Approval Details
Document Title: RCP 19-37 - Aquatic Facility Upgrades in Tillsonburg.docx
Attachments: - RCP 19-27 - Aquatics Facility Needs and Concepts Update.complete.pdf
- ICIP 2019 Program Guidelines.pdf
Final Approval Date: Sep 5, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 4, 2019 - 12:20 PM
No Signature - Task assigned to David Calder was completed by workflow administrator
Amelia Jaggard
David Calder - Sep 5, 2019 - 3:08 PM
No Signature - Task assigned to Donna Wilson was completed by workflow administrator
Amelia Jaggard
Donna Wilson - Sep 5, 2019 - 3:08 PM
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Report Title Aquatic Facility Needs and Concepts Update
Report No. RCP 19-27
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date June 24, 2019
Attachments • Future of Aquatics in Tillsonburg - High-Level
Capital Costing Estimates
Page 1 / 3 Aquatic Facility Needs and Concepts Update
RECOMMENDATION
THAT Council receives Report RCP 19-16 – Aquatics Facility Needs and Concepts Update for
information.
EXECUTIVE SUMMARY
Tillsonburg’s indoor and outdoor aquatic facilities need considerable capital maintenance over
the next several years if the services which ratepayers have become accustomed to are going to be maintained. The facilities are also not able to meet current standards with respect to
amenities like family and barrier-free change rooms. Council heard presentations from Monteith
Brown and MMJA in April and directed staff to review the material with advisory committees and
report back in June. This report provides Council with an update on progress to date.
BACKGROUND
At the Council meeting of April 8, 2019 Council received two presentations from consultants.
Monteith Brown provided Council with a report on their community survey results as well as the
industry context with respect to indoor and outdoor aquatic facilities. The report identified
several options for Council’s consideration. Building on the work that Monteith Brown had done, MMJA prepared a conceptual design of a next-generation aquatic facility for Tillsonburg that incorporated the needs and wants identified in the community survey.
Council referred both reports to the advisory committees and subsequently to staff for a report
and recommendations, and asked for a report back in June.
Since April 8, the Memorial Park Advisory Committee and the Recreation & Sport Advisory
Committee have each reviewed the aquatics facility reports at separate meetings. The two committees also held a joint meeting on May 29 so that there was awareness in both
committees of the same information, issues and thoughts. That joint session included an
opportunity for members to walk around the waterpark and the tennis court area so that the
existing conditions and the potential impact of any changes were front-of-mind.
In their presentation, Monteith Brown provided a flow chart of the strategic options that the Town has to consider. The Committees used that diagram to shape their discussion. The diagram is
presented here:
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Page 2 / 3 Aquatic Facility Needs and Concepts Update
Separating the discussion into consideration of the indoor aquatics strategy as separate from the outdoor aquatics strategy assisted the Committee members to keep the options clear. The
committee was provided with the attached “High Level Capital Costing Estimates” for reference.
Indoor Aquatics Strategy
The existing indoor pool requires extensive refurbishment in the very near future to continue operations. Specifically, there are an estimated $1.13million dollars in work required to the deck, pool tank, and mechanical systems. The community is also looking for improvements and
modernization to the changerooms and barrier-free elements, as well as warm water and leisure
pool options. The joint committee passed the following resolution with respect to the Indoor
Aquatics Strategy: Moved by: Dace Zvanitajs Seconded by: Terry Smith THAT the Memorial Park Revitalization and Recreation & Sports Advisory Committees
recommend to Council that the future of indoor aquatics is critical and that they support
continued work to determine the best options to have the aquatic facilities modernized
through accessibility improvements, family change rooms, therapeutic and warm water. Carried.
Outdoor Aquatics Strategy
The existing outdoor pool also requires extensive refurbishment in the very near future to
continue operations. The top level decision related to the outdoor facility is whether or not the
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Page 3 / 3 Aquatic Facility Needs and Concepts Update
Waterpark is deemed a feasible operation. If it is seen as feasible, then the options include refurbishment at an estimated cost of $4.5million, or a reimagining of the waterpark at a cost
upwards of $5million. If the Waterpark is deemed not to be feasible, the options on the table
range from demolition ($392,000 estimated cost) to demolition and replacement with a splash
pad ($1.05million estimated cost) to demolition and consolidation adjacent to the indoor facility ($3.9million estimated cost).
Discussion at the committee reflected the recent declining usage levels, the increased demand
for splashpad style recreation, and the challenges presented to the taxpayers by the requirement
for a continued operational subsidy. The joint committee passed the following resolution with respect to the Outdoor Aquatics Strategy: Moved by Joan Weston Seconded by Chris Rosehart
THAT the Memorial Park Revitalization Advisory Committee and Recreation & Sports
Advisory Committee recommend to Council that the Lake Lisgar Water Park facility be
demolished and replaced by a splash pad facility. Carried
This report provides Council with an update on progress to date. Staff will provide Council with a
follow-up report at a future Council meeting with options and recommendations regarding
potential next steps.
FINANCIAL IMPACT/FUNDING SOURCE
There are no direct financial implications of this report.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
3. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
Page 152 of 225
Town of Tillsonburg Confidential 5/29/2019 Page 1
Indoor Aquatic Strategy Sub Component Estimate
Option 1A: Refurbish existing pool & deck Pool, deck, mechanical 1,130,400$
Option 1B: Expand to include new tank/HC/changerooms New Aquatics/HC 19,540,437$
Total Option 1: Refurbish and Expand 20,670,837$
Outdoor Aquatic Strategy
Option 2A: Refurbish Waterpark Pool, slide, mechanical 1,067,000$
building (incl. new changerooms)3,469,530$
4,536,530$
Option 2B: Reimagine Waterpark Pool, slide, mechanical 1,067,000$
building (incl. new changerooms)3,469,530$
New watepark elements 500,000$
5,036,530$
Option 3: Close Waterpark demolish/relandscape LLWP 392,000$ 392,000$
Option 4: Close Waterpark & build splashpad
4A: Outdoor splashpad consolidated @ 45 Hardy reconfigure Hardy & construct 3,484,215$ 3,876,215$
4B: Outdoor splashpad @ LLWP location construct using existing water/sanitary 666,600$ 1,058,600$
4C: Outdoor splashpad other location*construct and add water/sanitary 916,600$ 1,308,600$
*Assumes location is on Town-owned land
NOTE: Cost estimates provided by MMJA, April 2019
LLWP is
Feasible
LLWP not
Feasible
Future of Aquatics in Tillsonburg - High-Level Capital Costing Estimates
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Investing in Canada Infrastructure Program – Community, Culture and Recreation
Funding Stream Ontario Program Guidelines
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INVESTING IN CANADA INFRASTRUCTURE PROGRAM:
Community Culture and Recreation
Program Guidelines
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Table of Contents
1. Overview – Investing in Canada Infrastructure Program ............................................... 4
2. Objectives Community, Culture and Recreation Stream................................................ 5
3. Applicant Eligibility ........................................................................................................... 5
4. Project Eligibility and Conditions .................................................................................... 6
4.1 Eligible Projects ........................................................................................................... 6
4.2 Joint Projects ............................................................................................................... 8
4.3 Other Project Conditions .............................................................................................. 8
5. Project Submission Process ............................................................................................ 9
5.1 Number of Project Submissions ................................................................................... 9
5.2 Submissions and Funding Approval Steps ................................................................... 9
6. Timelines ..........................................................................................................................10
7. Evaluation Process ..........................................................................................................11
7.1 Recipient Eligibility and Application Completeness .....................................................11
7.2 Project Scope Review .................................................................................................11
7.3 Alignment with Provincial Objectives ...........................................................................11
7.3.1 Asset Management Planning ......................................................................................11
8. Financial, Contractual and Reporting Requirements ....................................................12
8.1 Maximum Project Costs ..............................................................................................12
8.2 Cost Sharing ...............................................................................................................12
8.3 Stacking of Funding ....................................................................................................13
8.4 Eligible Costs ..............................................................................................................13
8.5 Ineligible Costs ...........................................................................................................14
8.6 Payments ....................................................................................................................15
8.7 Contractual Obligations ...............................................................................................15
8.8 Reporting Requirements .............................................................................................15
9. Consultations with Indigenous Peoples .........................................................................15
10. Further Information ......................................................................................................16
Appendix A – Technical Criteria ...........................................................................................17
Appendix B – Federal Program Parameters ..........................................................................18
I. Eligible Recipients.......................................................................................................18
II. Procurement ...............................................................................................................19
III. Climate Lens Assessment ...........................................................................................19
IV. Community Employment Benefits ...............................................................................19
V. Environmental Assessment .........................................................................................19
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VI. Indigenous Consultation .............................................................................................20
Appendix C – Asset Management Regulation Phase-In Schedule [municipalities only] ...21
Asset Management Plan .......................................................................................................21
Asset Management Phase-in Schedule .................................................................................21
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1. Overview – Investing in Canada Infrastructure Program
The Investing in Canada Infrastructure Program (ICIP) is a federal program designed to create
long-term economic growth, build inclusive, sustainable and resilient communities and support a
low-carbon economy.
Through the ICIP, the federal government is providing $11.8 billion dollars in federal
infrastructure funding to cost-share projects under the following four streams:
• Public Transit
• Green Infrastructure
• Community, Culture and Recreation
• Rural and Northern Communities
The Province of Ontario is a cost sharing partner in these programs. Under this intake of the
Community, Culture and Recreation Funding stream, Ontario is supporting community
infrastructure priorities across the province. Community infrastructure is defined as publicly
accessible, multi-purpose spaces that bring together a variety of different services, programs
and/or social and cultural activities to reflect local community needs.
Approximately $407 million in federal funding and $320 million in provincial funding will be
available for the Community, Culture and Recreation stream over 10 years starting in 2019-20.
At least $30 million of federal funding must be carved out for off-reserve Indigenous projects.*
The following breakdown defines the maximum cost-share percentages of total eligible costs.
Percentage
Federal Contribution 40.00
Provincial Contribution 33.33
Applicant Contribution 26.67
The following breakdown defines the maximum cost-share percentages of total eligible costs for
Indigenous recipients (e.g. First Nations, Indigenous communities and organizations).
Percentage
Federal Contribution 75.00
Provincial Contribution 18.33
Indigenous Contribution 6.67
* Note: Projects with an Indigenous focus will not be limited to funding from the $30 million
federal carve out for off-reserve Indigenous projects. Indigenous applicants will also be eligible
for funding under the broader stream.
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2. Objectives Community, Culture and Recreation Stream
The Community, Culture and Recreation stream supports projects that improve access to and /
or quality of community, cultural, and recreation priority infrastructure projects. Priority is given
to projects that are community-oriented, non-commercial and open to the public. Projects must
be completed prior to 2027-28.
In addition to federal criteria, Ontario’s objectives for the current proposed Community, Culture
and Recreation stream project intake are noted below. Projects will be assessed based on their
alignment with these objectives:
• Meets community and user needs or service gap
• Promotes good asset management planning
• Represents good value for money
• Fosters greater accessibility
See sections 4 and 7 for more details on these assessment criteria.
The intake will include two categories of funding:
• Multi-Purpose Category
• Rehabilitation and Renovation Category
Note: The Community, Culture and Recreation intake is a competitive process. Funding
approval is not guaranteed. In addition, the Province may contact an applicant to request
additional information or for clarification on information provided in the application form or
supporting documentation.
3. Applicant Eligibility
Eligible applicants under Ontario’s Community, Culture and Recreation Funding stream are:
• Municipalities
• First Nations
• Other Indigenous communities / organizations
• Broader public sector organizations*
• Non-Profit organizations
* Broader public sector organizations include, for example, school boards, hospitals, colleges
and universities.
Note: Joint projects between multiple eligible applicants, particularly those that service multiple
communities, are encouraged and will be given additional consideration as part of the
assessment process.
Note: Education and health care facilities are ineligible for funding, with the exception of those
advancing Truth and Reconciliation Commission Calls to Action. However, broader public sector
organizations that typically deliver health care and education could apply for projects outside
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their core mandate as long as they meet federal and provincial criteria. For example, a school
board could apply for funding to construct or renovate a community centre attached to a school.
4. Project Eligibility and Conditions
4.1 Eligible Projects
(1) Required Eligibility Criteria:
a. A project must include a capital component. A project may also include pre-
construction planning and design work; however, planning and design work are not
eligible as stand-alone projects.
b. A project must meet the outcome of improving access to and/or increasing quality of
cultural, recreational and/or community infrastructure for Ontarians. Facilities must
be publicly accessible.
c. A project must meet the following minimum technical requirements:
i. Project meets federal criteria and is aligned with provincial objectives and
priorities
ii. Demonstrated organizational capacity to implement the project
iii. Demonstrated ongoing financing to manage operating pressures without
creating operating and/or capital cost-pressures for the Province,
municipalities, Consolidated Municipal Service Managers and District Social
Service Administration Boards, from new infrastructure
iv. Demonstrated availability of cost-shared funding to proceed with project
v. Demonstrated project readiness
vi. Operational plan developed (alignment with asset management plans for
municipal projects)
vii. Demonstrated community need for proposed project/service (e.g., service
delivery gap / lack of access to services)
For more details regarding these minimum criteria for evaluation, refer to Appendix A.
Note: Applicants are permitted to use approved funding from other project-based capital
programs to demonstrate ongoing financing and availability of cost-shared funding.
(2) Eligible asset type*:
• recreation facilities (e.g., hockey arenas, multipurpose recreation centres, playing fields)
• cultural facilities (e.g., theatres, libraries, museums, cultural centres, civic squares,
performing arts centres)
• community centres / hubs (e.g., multi-purpose spaces that bring together a variety of
different services, community centres including recreation facilities)
• education and health facilities advancing Truth and Reconciliation Commission Calls to
Action (e.g., funding for new and/or existing Indigenous healing centres, spaces in
education facilities for traditional teaching/programming)
Note: applicants are encouraged to reach out to a Regional Advisor or the ICIP Community,
Culture and Recreation team at ICIPculture@ontario.ca or 1-888-222-0174 if they have
questions or need clarification.
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(3) Eligible project types:
a. Multi-Purpose Category:
This project category focuses on the principle of integrated service delivery to
address identified service gaps. The individual project cap will generally be $50
million in total project cost, but exceptions may be made in some cases. Eligible
projects consist of:
o new build / construction projects
o larger scale renovation
o expansion of existing facilities.
b. Rehabilitation and Renovation Category
This project category focuses on maximizing the funding impact of small-scale
projects that would improve the condition of existing facilities. The individual project
cap is $5 million in total project cost. Eligible projects consist of:
o renovation and rehabilitations to address functionality and use of existing
facilities
o Small-scale improvements to address accessibility (e.g., hand rails, ramps,
accessible doors/parking/elevators, wayfinding and signage etc.)
o Small new build / construction projects of recreation, cultural or community centre
infrastructure (e.g., playing fields, tennis courts, small community squares)
Note: broader facilities that include ineligible components (e.g., community centres with a
neighbourhood health centre component) can be scoped to apply for only eligible
components.
Note: projects that focus on vulnerable populations (e.g., low income persons) and
Indigenous people will be given additional consideration as part of the assessment process.
(4) Other requirements:
Projects must meet the following other criteria to be considered eligible:
✓ Capital components must be owned by an eligible entity.
✓ Projects must be substantially completed by March 31, 2027.
✓ Projects must be informed by and consistent with an applicants’ asset management
plan (municipalities only).
✓ Projects components must meet or exceed the requirement of the highest published
accessibility standard in Ontario in addition to applicable provincial building codes
and relevant municipal by-laws, and any applicable accessible design guidelines.
✓ Project components must meet or exceed any applicable energy efficiency standards
for buildings outlined in the Pan-Canadian Framework on Clean Growth and Climate
Change.
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✓ For joint projects with other eligible applicants, all applicants must also secure the
endorsement of their projects by their respective municipal, CMSM/DSSAB or First
Nation Band Council, board of directors, or governing body and provide the Ministry
with evidence of such endorsement in the form of by-laws / resolutions / letters of
agreement.
• Integrated asset types: Applicants must select only one primary project asset type but
may integrate more than one eligible project asset type (e.g., community centre with
adjoining hockey arena). Integrated projects must demonstrate that each component of
the project for which the applicant is requesting funding meets eligibility requirements.
• Asset ownership: Municipalities must attest to owning the infrastructure assets put
forward for funding.
4.2 Joint Projects
Joint projects between eligible applicants are encouraged. Joint projects are those where each
co-applicant contributes financially to the project or to the operation of the facility. The cap
may be flexible for joint projects. All applicants must meet the applicant eligibility criteria.
Joint projects may be larger than projects submitted by a single applicant, as joint applicants
may combine the grant funding they request. Neighbouring communities are encouraged to
work together to assess co-use of facilities to address service level gaps and to achieve
economies of scale.
The lead applicant will be required to sign a transfer payment agreement with the province and
also enter into a partnership agreement with the other eligible applicant(s) that will be
contributing to the project. Funds will only be made available to the lead applicant, who is
responsible for the financial management of the project and meeting provincial reporting
requirements. Successful joint applicants are encouraged to enter into an agreement clearly
setting out the nature of their relationship and key elements of the project in line with the
Community, Culture and Recreation stream application and with funding approval described in
the projects ICIP transfer payment agreement.
4.3 Other Project Conditions
Projects must comply with the following conditions to be considered eligible:
(1) Contract Award Date: Contracts must be awarded after federal approval of funding.
Contracts awarded before approval of funding are not eligible for reimbursement.
(2) Energy standards: Projects must meet or exceed any applicable energy efficiency
standards for buildings outlined in the Pan-Canadian Framework on Clean Growth and
Climate Change.
(3) Accessibility standards: Projects must meet or exceed the requirements of the highest
published accessibility standard in a jurisdiction in addition to applicable provincial building
codes and relevant municipal by-laws and accessible design guidelines.
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(4) Asset management plans [municipalities only]: Projects should be informed by an
applicant’s asset management plan as outlined in Asset Management Planning for Municipal
Infrastructure Regulation, O. Reg. 588/17This means the proposed project was identified
based on the plan’s prioritized lifecycle activities (e.g., construction, maintenance, renewal,
rehabilitation, replacement, etc.) for the applicable asset category (e.g., community,
recreation and cultural facilities). For example, if an applicant has identified recreation centre
needs as a priority lifecycle activity within its asset management plan, then submission of a
recreation centre project would be appropriate. Where a project is not based on an asset
management plan, a strong rationale must be provided in the application form.
Note: project prioritization in an asset management plan does not apply in cases where the
project assets are not owned by the municipality.
(5) Supporting documentation [First Nations only]: Projects should be identified in, or
supported by, a 5-Year Capital Plan; a Comprehensive Community Plan; a Strategic
Community Plan; an Asset Conditions Reporting System report; a Feasibility Study or
Detailed Design. Where not based on a supporting document, a strong rationale must be
provided. The province may request an electronic copy of one or more supporting
documents during the project review stage.
(6) Financial sustainability: Projects must have a financial plan in place to operate the assets
and not seek senior level government support for ongoing operational funding. First Nations
applicants may have operational funding arrangements with the federal government that
satisfy this condition.
5. Project Submission Process
5.1 Number of Project Submissions
Eligible applicants can apply for multiple projects.
5.2 Submissions and Funding Approval Steps
Step 1: Applicants must register or login online through the Province of Ontario’s online grant
portal, Transfer Payment Ontario. Step by step support for working with the online grant portal
are found here. For full functionality, the support tool link must be opened in Internet Explorer.
Step 2: Applicants must fully complete one Community, Culture and Recreation funding stream
application form and the applicable business case. Completion of only one business case is
required; the business case must correspond to the funding stream. The application form and
the associated business case are available through the Transfer Payment Ontario online
portal. Please follow the prompts in the application form and business case to respond to each
question.
Step 3 [joint projects]: A joint project submitted by multiple applicants must provide supporting
documentation by way of an individual partner-member municipal council resolution, a band
council resolution or board of directors’ resolutions or letter of agreement, clearly stating the
project name and applicant / recipient contribution to the project.
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Step 4: The application and required attachments (i.e., business cases, supporting documents,
etc.) must be submitted through Transfer Payment Ontario by 11:59 p.m. EDT on November
12, 2019. A scanned application form will not be accepted. Failure to meet submission
requirements will result in an incomplete submission and the submission may be considered
ineligible. If you are unable to submit the application form through the Transfer Payment
Ontario, please contact: TPONCC@ontario.ca or call (416) 325-6691/(855) 216-3090.
Step 5: Once the completed application form has been submitted, an automated
acknowledgement of receipt and a file number will be emailed to the applicant.
Step 6: Projects will be assessed by the province and nominated for federal government review
and approval. Provincial project nomination to the federal government does not guarantee
funding approval.
Step 7: Applicants will be notified of both successful and unsuccessful projects. Provincial staff
will be available to provide feedback for unsuccessful projects, if requested.
Step 8: The province may request applicants to provide an attestation that the recipient
share of funding to undertake and complete the project has been secured.
Step 9: Successful municipal applicants will be required to obtain a municipal by-law or council
resolution; other applicants will be required to submit a board of directors’ resolution or letter of
agreement or band council resolution to execute the project level transfer payment agreement
with the provincial government.
Step 10: The transfer payment agreement will require procurement to be executed through a
value-for-money process. Projects must undertake a competitive pricing or tendering process to
demonstrate value-for-money. Applicants may be requested by the province to provide:
• Copies of proposals or bids from three (3) bidders;
• Statement indicating selected bidder; and
• Written explanation if the lowest bid is not chosen.
6. Timelines
• Applications and all supporting documentations must be submitted through Grants
Ontario by 11:59 p.m. EDT on November 12, 2019.
Note: that applications will not be accepted after this time. All supporting documentation
must also be submitted by the deadline in order to be considered part of the application.
Applicants cannot change the proposed project after the application deadline unless
extraordinary circumstances arise (e.g., destruction of an arena) and permission is
granted by the province.
• The province will notify applicants if their project has been selected for nomination to the
federal government for review and approval in winter 2020 (estimated).
• Applicants will be notified of the federal funding decision in spring/summer 2020
(estimated).
• Projects must be completed by March 31, 2027.
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7. Evaluation Process
7.1 Recipient Eligibility and Application Completeness
Recipients must meet Community, Culture and Recreation program eligibility requirements.
Additionally, all mandatory fields of the application form must be populated correctly for a
submission to be considered validated and complete. For more information, refer to Section 4
above regarding eligibility and to 4.1.4 regarding eligible categories of funding under the
program.
7.2 Project Scope Review
Projects must meet federal project eligibility requirements, be technically viable and be
achievable within the program timelines.
7.3 Alignment with Provincial Objectives
a) Applicants must demonstrate that projects meet the following objectives under the
Community, Culture and Recreation stream:
a. Meets community and user needs: identified and demonstrable community-
level need or service gap, including barriers to social inclusion and accessibility
for Ontarians with disabilities, and underserved small communities;
b. Promotes good asset management: demonstrates optimization of assets,
including through multi-purpose and integrated service delivery; aligns with
municipal asset management plans (municipalities only);
c. Represents good value for money: demonstrated efficiency and value for
money. The most cost-effective option for delivering a similar level of service
should be sought, maximizing population/communities served;
d. Foster greater accessibility: commitment to meeting minimum highest level of
accessibility standards; use of Universal Design Principles and innovative
solutions to increasing accessibility beyond minimum standards.
See Appendix A for details of the technical criteria associated with these objectives.
Note: Please refer to the Community, Culture and Recreation stream Business case on
the Grants Ontario website.
7.3.1 Asset Management Planning
Ontario Regulation 588/17- Asset Management Planning for Municipal Infrastructure, or the
Asset Management Planning Regulation sets out new requirements for undertaking municipal
asset management planning. The regulation is being phased in over a 6-year period, with
progressive milestone requirements for municipalities with respect to their asset management
plans.
For clarity, at the time of application, the asset management plan used to inform the proposed
project can be developed according to either the province’s 2012 Guide (Building together:
guide for municipal asset management plans) or the new asset management planning
regulation.
As part of project reporting requirements, and to remain eligible for funding, successful
municipal applicants are required to submit their updated asset management plans in
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accordance with the regulation for the duration of the project. For example, municipalities that
have an active project in 2021 will be required to submit asset management plans developed in
accordance with the first phase of the regulation. Please refer to the Appendix which
summarizes key regulation milestones in 2021, 2023 and 2024 for municipal asset management
plans.
For more information about asset management planning, as well as tools and supports available
to help municipalities develop and improve their plans, please visit the
http://www.ontario.ca/assetmanagement.
8. Financial, Contractual and Reporting Requirements
8.1 Maximum Project Costs
Rehabilitation and Renovation Category:
o The maximum total eligible cost per project for a single applicant is $5 million
o For projects with multiple applicants (i.e., joint projects), each applicant can submit up to
$5 million of total eligible project costs. For example, a joint project with three eligible co-
applicants can submit a project with a maximum total eligible project cost of $15 million.
Multi-purpose Category:
o The maximum total eligible cost per project for a single applicant is $50 million. The cap
may be flexible for joint projects. Value for money will be a significant funding
consideration. If an applicant’s project exceeds $50 million, please contact
ICIPculture@ontario.ca or call 1-888-222-0174.
Note: Projects that have a total eligible cost of more than $10 million must complete a
federal climate lens assessment and report on community employment benefits. See Appendix
for more information.
Note: Applicants must pay for all ineligible project costs as well as any cost over-runs
experienced on a project. Cost over-runs reflect any costs that exceed the total project
cost submitted at the time of application.
8.2 Cost Sharing
The following breakdown defines the maximum cost share percentages of the total eligible cost:
Applicant Type Federal Cost
Share
(Max %)
Provincial Cost
Share
(Max %)
Applicant Cost
Share
(Min %)
Municipality 40% 33.33% 26.67%
Non-Profit 40% 33.33% 26.67%
BPS 40% 33.33% 26.67%
Indigenous
Recipient
75% 18.33% 6.67%
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Note: The cost-sharing breakdown assumes municipal or Indigenous applicants own or have
control over the asset being nominated for funding and is subject to change
For instance, this means that:
• An eligible municipality may request up to 73.33% of the total eligible costs.
• Indigenous recipient may request up to 93.33% of the total eligible costs.
8.3 Stacking of Funding
General:
• Applicants may combine funding received through the Community, Culture and
Recreation funding stream and funding from another project-based capital program.
• Applicants can apply for a project at the same location as a project already receiving
funding from another capital program where the project in question would be ineligible
for Community, Culture and Recreation funding, but the applicant must clearly scope out
the component that is unique to the Community, Culture and Recreation funding stream
application.
Applicants who are not sure how to best combine funding are encouraged to contact a Regional
Advisor or the ICIP Community, Culture and Recreation team at ICIPculture@ontario.ca or call
1-888-222-0174 before submitting an application.
8.4 Eligible Costs
Project costs are eligible only if they are incurred after federal approval. Eligible
Expenditures will include the following:
• All costs considered by Canada and Ontario to be direct and necessary for the
successful implementation of an eligible Project, and which may include third party costs
such as project management, capital costs, construction and materials, design /
engineering and planning, contingency costs (25% maximum), and costs related to
meeting specific Program requirements, including completing climate lens assessments
(see Note 2 below) and creating community employment benefit plans;
• The incremental costs of employees of a Recipient may be included as Eligible
Expenditures for a Project under the following conditions:
o The Recipient is able to demonstrate that it is not economically feasible to tender a
contract; and
o The arrangement is approved in advance and in writing by Canada and Ontario.
o Note: Applicants submitting for these costs must submit a rationale for the use of
own-force labour when the application is submitted.
Note 1: Contracts must be awarded after federal approval of funding. Contracts awarded before
approval of funding are not eligible for reimbursement.
Note 2: Costs associated with completing climate lens assessments, which are eligible
before project approval, but can only be paid if and when a project is approved by
Canada for contribution funding under contracts
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Note 3: Capital costs are only eligible once the project receives notification that Canada is
satisfied that the applicant has met its Duty to Consult and Environmental Assessment
requirements. Before this notification is received, no site preparation, vegetation removal or
construction may take place.
8.5 Ineligible Costs
When a project meets a federal outcome in the Community, Culture and Recreation
Infrastructure stream, it is not eligible for funding if it:
• has a private sector, for-profit Ultimate Recipient;
• is a stand-alone daycare facility, for-profit daycare facility, daycare facility associated
with a school board, or a daycare facility funded under Canada's Early Learning and
Child Care initiative;
• is a religious site that serves as a place of assembly for religious purposes, which
includes among others, a site, church, mosque, synagogue, temple, chapel (e.g.,
within a convent or seminary), shrine or meeting house; or
• is a professional or semi-professional sport facility that is primarily a commercial
operation, such as those that serve major junior hockey leagues.
Other ineligible project costs include:
• Costs incurred before federal project approval and all expenditures related to contracts
signed prior to federal project approval, except for expenditures associated with
completing climate lens assessments
• Costs incurred for cancelled projects
• Costs related to health or education functions (except for those advancing Truth and
Reconciliation Commission Calls to Action)
• Acquisition or leasing of land, buildings and other facilities
• Leasing equipment other than equipment directly related to the construction of the
project
• Real estate fees and related costs
• Financing charges
• Legal fees
• Loan interest payments including those related to easements (e.g. surveys)
• Costs of completing the application
• Taxes, regardless of rebate eligibility
• Any goods and services costs which are received through donation or In-kind
• Staff costs, unless pre-approved by the federal and provincial governments
• Operating costs and regularly scheduled maintenance work
• Costs related to furnishing and non-fixed assets which are not essential for the operation
of the project
• Costs that have not been claimed for reimbursement by March 31 of year following the
year in which the costs were incurred (e.g., costs incurred between April 1, 2018 and
March 31, 2019 must be submitted for reimbursement no later than March 31, 2020).
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• All capital costs, including site preparation and construction costs, until Canada has
confirmed in writing that environmental assessment and Indigenous consultation
obligations have been met and continue to be met.
• All costs related to any component of the project other than the approved scope
A more detailed list of eligible and ineligible expenditure categories will be provided in individual
project level contribution agreements.
8.6 Payments
Funding is claims based and will be reimbursed upon review and approval of eligible costs
under transfer payment agreements. Reimbursement of claims is based on the cost sharing
percentage. The claims process requires Recipients to submit claims for the Ministry’s review,
approval and submission to Canada and for Canada’s review and approval once received from
Ontario. The claims format will be outlined in individual contribution agreements.
All costs must be incurred by March 31, 2027. Recipients are required to keep all
receipts/invoices and claims as they are subject to audit by the province or the federal
government.
Note: A holdback of 10% may be applied to payments under the program. The holdback would
be released upon successful completion of all reporting requirements following project
completion.
8.7 Contractual Obligations
Successful applicants will be required to sign a provincial contribution agreement containing
clauses regarding, among other things, items such as insurance, arm’s length requirements,
communications (including project signage), reporting requirements, and obligations with
respect to consultations with Indigenous groups.
Successful applicants will be required to obtain a municipal council resolution or board of
director/governing body resolution or letter of agreement to execute the project level contribution
agreement with the province. Joint applicants will be required to enter into a joint partnership
agreement and must provide a copy of that agreement to Ontario. For cases where the
applicant is not the asset owner, the province will provide additional support to coordinate the
execution of the transfer payment agreement.
Successful municipalities will also be required to complete an Asset Management Self-
Assessment prior to signing their contribution agreement.
8.8 Reporting Requirements
Specific reporting requirements will be outlined in individual transfer payment agreements.
9. Consultations with Indigenous Peoples
The Government of Canada, the Government of Ontario and municipalities may have a duty to
consult and, where appropriate, accommodate Indigenous peoples (e.g., First Nation and Métis
communities) where an activity is contemplated that may adversely impact an established or
asserted Aboriginal or treaty right.
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Before providing funding to a project, the Government of Ontario will assess whether its duty to
consult obligations are engaged. If the duty to consult is triggered, Ontario may delegate the
procedural aspects of consultation to project proponents. Therefore, it is important that all
applicants recognize that a duty to consult process may be necessary and appropriately plan for
this work (e.g., resources, time, etc.) as part of their funding submission. The application form
contains preliminary questions to begin considering the potential that a duty to consult may
exist.
Consultation requirements will vary depending on the size and location of the project in question
and the depth and scope of the project’s potential adverse impacts on Aboriginal treaty rights.
For successful applications, the province will provide further details in writing surrounding
specific consultation requirements, including which communities require consultation.
Throughout the duration of the project applicants should ensure they are fulfilling the duty to
consult requirements delegated to them.
10. Further Information
Please contact a Regional Advisor or the ICIP Community Culture and Recreation team can be
reached by telephone at
1-888-222-0174 or by email at ICIPculture@ontario.ca.
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Appendix A – Technical Criteria
The province will assess and prioritize projects for federal nomination and funding based on the
following criteria, aligned with provincial objectives:
Provincial Objective A: Meets Community and User Needs
Criterion 1: Community Need
Applications must demonstrate that the proposed project is filling a clearly identified and
documented service level gap and that there is a need in the community for the services that will
be provided. Applicants should demonstrate that community members are in need of proposed
services, and that the project will provide them with access to the required services. This may
include both quantitative elements (e.g., demographic data), and qualitative elements (e.g.,
evidence that the community lacks access to services). Additional consideration will be given to
projects focusing on vulnerable populations and/or Indigenous people (First Nations, Métis and
Inuit populations).
Criterion 2: Funding Need for Proposed Project
Projects will be assessed according to greater funding need, including the cost of the proposed
project per household, median household income and weighted property assessment per
household. Note: for Indigenous Communities, proxy values may be applied.
In general, applicants with greater funding need (i.e., higher project cost per household, lower
median household income, lower weighted property assessment per household) will be more
competitive in the evaluation process. However, applicants must still be able to fund all
project costs and potential cost over-runs to be eligible for funding.
Applicants should clearly note whether user fees or other sources of revenue are collected at
the facility.
Provincial Objective B: Promotes Good Asset Management
Criterion 3: Provincial Land-Use Planning
Projects must be aligned and support the expected and required provincial priorities and
outcomes, as set out in provincial land use policy, provincial land use plans, and municipal
official plans and supported by policy direction in the Provincial Policy Statement (PPS).
Criterion 4: Efficiencies Through Joint Projects
Additional consideration will be given to joint projects for providing benefit to multiple
communities and generating efficiencies and community benefits.
Criterion 5: Project Readiness
Applications must demonstrate that planning in underway and that the projects are ready to
begin, to ensure completion within federal timelines.
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Provincial Objective C: Represents Good Value for Money
Criterion 6: Financial Risk Assessment and Due Diligence
The Province will conduct a financial risk assessment to ensure that sufficient resources are
available to support project completion, including coverage of any cost overruns. Projects
should have a financial plan in place to operate the assets and not seek senior level
government support for operational funding. The Province may request additional supporting
documentation upon review of the application.
Criterion 7: Organizational Capacity for Implementation
Projects will be evaluated based on organizational capacity. Organizations must demonstrate
capacity to carry out capital project and implement the requested project and to manage
ongoing costs related to operating the facility. Applicants must demonstrate that organizations
(or partners) have sufficient funding to commit to the project (i.e., funding in place for the cost-
shared amount, or demonstrated ability to fundraise the required amount).
Criterion 8: Developed Operational Plan
Applicants must demonstrate that there is a strong operational plan in place for the ongoing
operation of the facility. This will include alignment with asset management plans for
municipalities and may include memoranda of understanding for joint projects/partnerships.
Provincial Objective D: Fosters Greater Accessibility
Criterion 9: Accessibility
Applications must demonstrate that projects will meet the highest published accessibility
standards in alignment with the Accessibility for Ontarians with Disabilities Act (AODA) and the
Ontario Building Code. Projects will additionally be evaluated based on exceeding minimum
standards; use of Universal Design Principles, accessible guidelines and innovative solutions to
increasing accessibility.
Appendix B – Federal Program Parameters
In the event of any conflict, contradiction or inconsistency in interpretation, the federal language
in the Appendix shall prevail over summaries provided in the body of the guidelines.
I. Eligible Recipients
Eligible recipients for the Community, Culture and Recreation funding stream, subject to the
terms and conditions of the Canada-Ontario ICIP Agreement, include:
a) An Ontario municipal or regional government established by or under provincial statute;
b) An Ontario’s broader public sector organizations (school boards, hospitals, colleges and
universities). These entities can apply for funding of projects outside of their regular
business. However, core business functions are not eligible (e.g., health and education
services).
c) Non-profit organizations
d) First Nations and Indigenous Communities
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II. Procurement
• Successful applicants must award third-party contracts in a way that is fair, transparent,
competitive and consistent with value-for-money principles, or in a manner otherwise
acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade
Agreement and international trade agreements. Applicants must adopt a value for
money procurement approach. Any requests for sole source procurement exemptions
will be evaluated on a case-by-case basis and requires pre-approval by the federal and
provincial governments. Sole source procurement is not encouraged as approval is
not guaranteed. (Refer to Section 4.5 above)
III. Climate Lens Assessment
Applicants with projects that have a total eligible cost of $10 million or more are required to
complete a climate lens assessment using methodologies developed by the federal government
after federal government approval of the project. The climate lens assessment consists of two
potential assessments for projects being brought forward for funding which include a
greenhouse gas (GHG) mitigation assessment and a climate change resilience assessment.
Visit Infrastructure Canada’s Climate Lens – General Guidance webpage for information on how
to complete the assessment.
Costs associated with completing climate lens assessments are eligible before project approval
but can only be paid if and when a project is approved by Canada for contribution funding under
this Agreement.
Applicants are permitted to defer the Climate Lens assessment at the time of application, with
the rationale that the Climate Lens assessment will be conducted during the detailed design
phase of the project.
Applicants can contact the Climate Services Support Desk to obtain standardized climate lens
data that can be used to support the completion of climate lens assessments.
IV. Community Employment Benefits
Applicants with projects that have a total eligible cost of $10 million or more are required to
report on community employment benefits provided to at least three federal target groups
(apprentices - from traditionally disadvantaged communities, Indigenous peoples, women,
persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises
and social enterprises). Visit the Community Employment Benefits General Guidance webpage
for more information. Additional details on this reporting will be provided to Recipients when
applicable.
V. Environmental Assessment
No site preparation, vegetation removal or construction will occur for a Project and Canada and
Ontario have no obligation to pay any Eligible Expenditures that are capital costs, as determined
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by Canada and Ontario, until Canada and Ontario are satisfied that the federal requirements are
met and continue to be met:
• Requirements under the Canadian Environmental Assessment Act, 2012 (CEAA, 2012),
• other applicable federal environmental assessment legislation that is or may come into
force during the term of this Agreement, and;
• other applicable agreements between Canada and Indigenous groups (also referred to
as Indigenous Peoples).
VI. Indigenous Consultation
No site preparation, vegetation removal or construction will occur for a Project and Canada and
Ontario have no obligation to pay any Eligible Expenditures that are capital costs, as determined
by Canada and Ontario, until Canada and Ontario is satisfied that any legal duty to consult, and
where appropriate, to accommodate Indigenous groups (also referred to as Indigenous
Peoples) or other federal consultation requirement has been met and continues to be met. If
required, Canada must be satisfied that for each Project:
a) Indigenous groups have been notified and, if applicable, consulted;
b) If applicable, a summary of consultation or engagement activities has been provided,
including a list of Indigenous groups consulted, concerns raised, and how each of the
concerns have been addressed, or if not addressed, an explanation as to why not;
c) Accommodation measures, where appropriate, are being carried out by Ontario or the
Ultimate Recipient and these costs may be considered Eligible; and
d) Any other information has been provided that Canada may deem appropriate.
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Appendix C – Asset Management Regulation Phase-In Schedule
[municipalities only]
Asset Management Plan
Ontario Regulation 588/17- Asset Management Planning for Municipal Infrastructure, or the
Asset Management Regulation sets out new requirements for undertaking asset management
planning. The regulation will be phased in over a 6-year period, with progressive requirements
for municipalities with respect to their asset management plans.
Asset Management Phase-in Schedule
Date Milestone
July 1, 2019
Date for municipalities to have a finalized strategic asset management
policy that promotes best practices and links asset management planning
with budgeting, operations, maintenance and other municipal planning
activities.
July 1, 2021
Date for municipalities to have an approved asset management plan for
core assets (roads, bridges and culverts, water, wastewater and
stormwater management systems, arenas, theatres) that identifies
current levels of service and the cost of maintaining those levels of
service.
July 1, 2023
Date for municipalities to have an approved asset management plan for
all municipal infrastructure assets that identifies current levels of service
and the cost of maintaining those levels of service.
July 1, 2024
Date for municipalities to have an approved asset management plan for
all municipal infrastructure assets that builds upon the requirements set
out in 2023. This includes an identification of proposed levels of service,
what activities will be required to meet proposed levels of service, and a
strategy to fund these activities.
Recipients will also be required to complete an Asset Management Self-Assessment prior to
signing their TPA.
For more information about asset management planning, as well as tools and supports available
to help municipalities develop and improve their plans, please visit the
http://www.ontario.ca/assetmanagement.
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Report Title Auditorium Kitchen Upgrade Update
Report No. RCP 19-38
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date September 9, 2019
Attachments
Page 1 / 3 Auditorium Kitchen Upgrade Update
RECOMMENDATION
THAT Report RCP 19-38 Auditorium Kitchen Upgrade Update be received, as information.
EXECUTIVE SUMMARY
Council directed staff to provide an update on the status of the Lions Auditorium Kitchen
Upgrade project.
BACKGROUND
At the August 12, 2019 Council meeting, the following resolution was passed:
THAT Staff provide an update report on the Lions Auditorium Kitchen upgrade at the
September 9, 2019 Council Meeting.
As of the preparation of this report, the electrical work awarded earlier this year has almost been
completed. The new high-temperature dishwasher will be installed in September. The electrical
work exposed the optical fibre connection to the building leaving it vulnerable to damage. The
fibre will be disconnected to re-route it through new conduit, and this work will require the
network connection to the building be shut down for several hours.
Quotes obtained to replace the stove exhaust hood and fire suppression system exceed the
purchasing threshold for staff approval and require a tender process with award to be approved
by Council. It is anticipated this tender will come to Council for approval in October.
The implementation of this project has been carefully staged so that each component can be
completed and costs confirmed before the next large commitment is made. As of the preparation
of this report, the project work is 70% completed.
FINANCIAL IMPACT/FUNDING SOURCE
The kitchen upgrade project has an approved budget of $150,000 from the 2017 budget. To
date, $60,111 has been spent, with a further $26,000 committed. The remaining allocation of
$63,889 is prioritized for the exhaust hood and fire suppression, and any remaining funds after
that work is completed will be used for purchase of equipment (e.g. holding cabinets, cooler,
rolling carts).
Page 175 of 225
Page 2 / 3 Auditorium Kitchen Upgrade Update
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
Page 176 of 225
Page 3 / 3 Auditorium Kitchen Upgrade Update
Report Approval Details
Document Title: RCP 19-38 - Auditorium Kitchen Upgrade Update.docx
Attachments:
Final Approval Date: Sep 4, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Sep 4, 2019 - 12:18 PM
No Signature - Task assigned to David Calder was completed by workflow administrator
Donna Wilson
David Calder - Sep 4, 2019 - 12:48 PM
No Signature - Task assigned to Donna Wilson was completed by workflow administrator
Amelia Jaggard
Donna Wilson - Sep 4, 2019 - 1:14 PM
Page 177 of 225
The Corporation of the Town of Tillsonburg
Cultural, Heritage and Special Awards
Advisory Committee
August 7, 2019
5:30 p.m.
Suite 203, 200 Broadway, 2nd Floor
MINUTES
Present: Deb Beard, Rosemary Dean, Mark Dickson, Penny Esseltine, James Murphy and Collette Takacs.
Regrets: Terry Fleming, Vernon Fleming, Erin Getty, Carrie Lewis. Also Present:
Amelia Jaggard, Legislative Services Coordinator
Mandy Byrnes, President, Tillsonburg and Area Optimist Club Karlee Slattery, Board Member, Tillsonburg and Area Optimist Club Regrets:
Patty Phelps, Culture and Heritage Manager/Curator
1. Call to Order The meeting was called to order at 5:32 p.m.
2. Adoption of Agenda
Proposed Resolution #1 Moved by: Rosemary Dean Seconded by: James Murphy THAT the Agenda as prepared for the Cultural, Heritage and Special Awards
Advisory Committee meeting of August 7, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: James Murphy Seconded by: Deb Beard
THAT the Minutes of the Cultural, Heritage and Special Awards Advisory Committee
meeting of June 5, 2019, and the Minutes of the Cultural, Heritage and Special Awards Advisory Committee special meeting of June 20, 2019, be approved. Carried.
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Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 3 Date: August 7, 2019
5. Presentations/Deputations 5.1. Cultural Grant Application – Tillsonburg Tri County Fair Talent Show The application was withdrawn.
5.2. Cultural Grant Application – Santa Clause Parade Mandy Byrnes, President of the Tillsonburg and Area Optimist Club and Karlee Slattery, Board Member, were present and provided an overview of the plans for this year’s Santa Clause Parade.
The Tillsonburg and Area Optimist Club will be resubmitting their Cultural Grant Application for review at the September 4, 2019 committee meeting. An updated financial statement will be submitted that more accurately reflects
the previous year.
The Club is requesting funds for bands and hopes to update the float belonging to the Club.
It was suggested to install a sound system on the Club’s float to improve Santa’s
ability to communicate with the crowd. It was suggested to request that the Glendale High School Band perform.
Mandy Byrnes and Karlee Slattery left at 5:50 p.m.
6. General Business & Reports 6.1. Cultural Grant Application – Tillsonburg Tri County Fair Talent Show The application was withdrawn.
6.2. Cultural Grant Application – Santa Clause Parade To be discussed when an updated application is received. 6.3. Volunteer of the Month Nomination
Motion: Moved by: Deb Beard Seconded by: Mark Dickson THAT the committee select Chris Kelly to be recognized as the Volunteer of the
Month for September 2019. AND THAT staff schedule the award presentation for the Council meeting of Monday, September 9, 2019. Carried.
Staff to request more information about the nominee and his work with the Tillsonburg Soccer Club to be included in the award presentation.
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Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 3 - of 3 Date: August 7, 2019
7. Correspondence 8. Other Business
9. Next Meeting Wednesday, September 4, 2019 at 5:30 p.m. at the Corporate Office in Suite 203. 10. Adjournment
Proposed Resolution #3
Moved by: Rosemary Dean Seconded by: James Murphy THAT the August 7, 2019 Cultural, Heritage and Special Awards Advisory Committee meeting be adjourned at 6:04 p.m.
Carried.
Page 180 of 225
The Corporation of the Town of Tillsonburg
Tillsonburg Transit Advisory Committee
August 20, 2019
10:00 a.m.
Suite 203, 200 Broadway, 2nd Floor MINUTES
Present: Cindy Allen, David Brown, Sherry Hamilton, Pete Luciani, Lynn Temoin, Carolijn Verbakel and John Verbakel.
Regrets: Kathryn Leatherland Also Present:
Kevin De Leebeeck, Director of Operations
Amelia Jaggard, Legislative Services Coordinator Alex Piggott, Transit Coordinator Regrets:
David Calder, Chief Administrative Officer
1. Call to Order The meeting was called to order at 10:03 a.m.
2. Adoption of Agenda
Proposed Resolution #1 Moved by: Pete Luciani Seconded by: Lynn Temoin THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee
meeting of August 20, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Carolijn Verbakel Seconded by: Pete Luciani
THAT the minutes of the Tillsonburg Transit Advisory Committee dated July 16,
2019, be approved. Carried. 5. Presentations/Deputations
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Committee: Tillsonburg Transit Advisory Committee Page - 2 - of 4 Date: August 20, 2019
None.
6. General Business & Reports 6.1. T:GO Transit 6.1.1. Draft Transit Survey Staff reviewed transit surveys from other municipalities.
It was suggested to put an emphasis on “public transit” as many people do
not realize TGO is a public transit system. It was suggested to include a question which asks transit users if there are any other locations they want included as stops on the route.
Staff to send online survey to committee members for trial. It was suggested to publish the survey in the fall after implementing the communications and marketing plan.
The survey will be available online and in print. Physical copies will be made available on the TGO bus and in municipal offices. It was suggested to include a question which asks transit users if they would
utilize evening bus service and Saturday bus service.
The BTS Network proposed in 2018 to offer Saturday bus service starting the last Saturday in November through to the end of December to promote shopping local. This will be offered again in 2019.
Staff noted that advertising opportunities to offset operating costs will be explored in the future. 6.1.2. Draft Communications & Marketing Plan
Staff noted that the Tillsonburg Newspaper will be utilized for advertising
through the Towns weekly information page. Staff are exploring opportunities for shared promotion with neighbouring municipalities when promotions begin for the Inter-Community Routes. This
promotion cannot begin until after October 21st or the upcoming Federal
Election It was suggested to explore advertising in SNAPD for the Inter-Community Routes.
Staff have delivered TGO posters and brochures to numerous locations within the community including the Tillsonburg and District Multi-Service Centre, Tillsonburg District Memorial Hospital, Tillsonburg Public Library etc.
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Committee: Tillsonburg Transit Advisory Committee Page - 3 - of 4 Date: August 20, 2019
Staff will be presenting the TGO information at local institutions.
Staff will distribute TGO brochures to local schools once classes resume in September. Retail locations have begun selling TGO tickets. Motion: Moved by: John Verbakel Seconded by: Cindy Allen THAT the committee endorse the communications and marketing plan as presented. Carried. 6.1.3. Report OPS 19-35 TGO Fare Structure & Launch Update Staff to add information regarding income tax deductions for public transit passes on the website under frequently asked questions.
6.1.4. Action Item Summary Staff to provide TGO promotional passes to the Special Olympics representative Pat Benoit for distribution.
6.1.5. Style of bus Discussed under item 6.2.1. 6.2. Inter-Community Transit 6.2.1. Draft Routes & Schedule
The consultant (IBI Group) is currently reviewing the routes and schedule to ensure they are economical and logical. It was suggested to explore opportunities for integration with other transit systems and ensure that layover times in other communities are appropriate
for appointments, etc. Staff noted that the style of the bus used will have to be in accordance with the inter-community transit agreement. The style of bus must meet AODA requirements.
According to regulation if a bus is not equipped with an announcement system or a pull lever system, the bus driver is required to make a verbal announcement of what the next stop is on the route.
Item to be brought forward on the next Agenda. 7. Correspondence 8. Other Business
Page 183 of 225
Committee: Tillsonburg Transit Advisory Committee Page - 4 - of 4 Date: August 20, 2019
9. Next Meeting Tuesday, September 17, 2019, at 10:00 a.m. at the Corporate Office in Suite 203,
200 Broadway, Tillsonburg, ON. 10. Adjournment Proposed Resolution #3 Moved by: Cindy Allen
Seconded by: Pete Luciani THAT the August 20, 2019 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:28 a.m. Carried.
Page 184 of 225
=
ATTENDANCE
David Brandon, Dan Cameron, Jeff Dean, Valerie Durston, Deb Gilvesy, Geoffrey Lee, John Prno, Mark Renaud Staff: Annette Murray, Dan Locke, Kevin De Leebeeck Guests: Chris Rosehart, Dwayne Shephard (ERTH), David Bell (HM Aero – by telephone), Adam Martin (HM Aero) MEMBERS ABSENT/REGRETS
Euclid Benoit, Valerie Durston, Jeffrey Miller, Jeremy Stockmans
1. Call to Order
The meeting was called to order at 5:30 p.m. Mark Renaud sat as the Chair and John Prno acted as Recording Secretary for the meeting.
2. Adoption of Agenda
Resolution #1
Moved By: Deb Gilvesy Seconded By: Dan Cameron
THAT the Agenda as prepared for the Airport Advisory Committee meeting of August 15,
2019, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
None Declared
4. Adoption of Minutes of Previous Meeting
4.1. Minutes of the Meeting of June 20, 2019
The Corporation of the Town of Tillsonburg
TILLSONBURG AIRPORT ADVISORY COMMITTEE
August 15, 2019
5:30 p.m.
Tillsonburg Regional Airport Boardroom
244411 Airport Rd., South-West Oxford MINUTES
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Tillsonburg Airport Advisory Committee Meeting Minutes, August 15, 2019 - 2 -
Resolution #2
Moved By: Dan Cameron Seconded By: Deb Gilvesy
THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of June 20,
2019, be approved.
Carried
5. Delegations and Presentations
5.1. ERTH Corporation – Hydro Options
Given that the Tillsonburg Airport is proposing to build seven additional general aviation
hangars, ERTH Corporation was hired to evaluate hydro options for this development.
Dwayne Shephard from ERTH Corporation updated the Committee on their findings.
Previous discussions with Hydro One had indicated that the Airport had exceeded the
amount of transformation on site and that any additional transformation would require
installation of primary metering or a three phase line from Hwy 19 at the Airport’s expense.
Further discussions between ERTH and Hydro One have now revealed the ability to add
additional services to be fed from existing transformers on the Airport property. The seven
currently proposed general aviation hangars can thus be powered without costly
infrastructure changes. With regards to expansion beyond the proposed general aviation
hangars, the Committee agreed to continue exploring the two future options (primary
metering and three-phase power) and to do a similar hydro evaluation for the commercial
side of the Airport.
5.2. HM Aero – Airport Feasibility Study
Adam Martin and Dr. David Bell from HM Aero introduced the study mandate to the
committee, explained their work to date, and led the Committee members in a discussion on
what is working well at the airport and what could work better. They noted their first
impression of an airport with good infrastructure, that is busy and well maintained. The
restaurant and credit card fueling station were two items of particular note. Discussion took
place about the need to speed up decision making… “to get on with the job, do it well and
do it quickly.” The ultimate goal for any airport is to be an attractive place for new business
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Tillsonburg Airport Advisory Committee Meeting Minutes, August 15, 2019 - 3 -
and a good place for existing business, while generating income into the community. Their
report is expected in the fall.
6. General Business & Reports
6.1. Business Arising
6.1.1 Taxiway Paving Project Update
Kevin De Leebeeck updated the Committee. The paving at the Airport is part of the
town’s annual paving program that has most of the in-town work done during the spring.
Costing for the work on the Taxiway G3 extension and commercial apron rehab is being
reviewed next week with Dufferin Construction expected to mobilize for the work in
September.
6.1.2 New Hangar Update
Dan Locke updated the Committee on hangar development activities. There are
currently five signed agreements in place with two sets of drawings submitted to the
Town’s Chief Building Official for review. Others are pending. Dan expects four of
these five hangars to be constructed this year.
The Committee felt that upon completion of this year’s construction, it would be a good
opportunity to obtain feedback from the new hangar owners on the development
process and how it could be improved. Staff agreed to follow up.
6.1.3. Follow up on Proposed Charter Event
Chair Renaud presented a report on the early planning activities surrounding the
proposed charter event. He and other committee members noted the high level of
community interest around the proposed event. Suitable airplane availability is the
issue causing the most difficulty, given the current 737MAX grounding and peak
summer travel season. It was decided that moving to a Spring 2020 date would
address this issue and that planning efforts should continue.
6.2. Feedback from Tenant Open House with HM Aero
Chair Renaud updated the committee on the Tenant Open House held last evening,
and summarized the five follow up items needed:
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Tillsonburg Airport Advisory Committee Meeting Minutes, August 15, 2019 - 4 -
- Better communication with airport tenants, users, pilots and public via a regular
automated e-mail update.
- One cohesive document/process for operations and development at the airport in
the form of a manual.
- A marketing plan for the Airport.
- Investigating a courtesy car or other means of transportation for customers who fly
into the Airport.
- Promotion of the Sky-Way Café as part of the overall marketing plan.
7. Correspondence
None
8. Other Business
None
9. Closed Session
None
10. Next Meeting
The next meeting of the Airport Advisory Committee will be on Sept. 19, 2019 at 5:30 p.m.
11. Adjournment
Resolution #3
Moved By: David Brandon Seconded By: Jeff Dean
THAT the Airport Advisory Committee Meeting of August 15, 2019 be adjourned at 7:50
p.m.
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FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 -
LONG POINT REGION CONSERVATION AUTHORITY
BOARD OF DIRECTORS MINUTES of July 3, 2019
Approved September 4, 2019
Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Tom Masschaele, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: J. Maxwell, A. LeDuc, L. Minshall and D. McLachlan Regrets: Kristal Chopp, Roger Geysens and Ken Hewitt
The meeting was called to order at 6:35 pm Wednesday July 3, 2019 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-88/19 moved: J. Scholten seconded: P. Ypma
THAT the Board of Directors add a deputation by Mary Weber under “Deputations” as
item 4 to the July 3, 2019 agenda.
CARRIED MOTION A-89/19 moved: P. Ypma seconded: S. Patterson
THAT the Board of Directors add “Staff Comments Re: Deputation” under “New
Business” as item 10 (g) to the July 3, 2019 agenda. CARRIED
DECLARATION OF CONFLICTS OF INTEREST
None DEPUTATIONS a) Flooding in Long Point Ms. Weber made a presentation to Norfolk County and brought it to the Conservation
Authority for information only. She and other property owners are concerned with the
amount of flooding along the shoreline at Lake Erie, and especially Hastings Drive, Long Point. The public road that is Hastings Drive has been closed due to the flooding. Property owners are seeking advice and are requesting quick action to be taken by all concerned parties.
MOTION A-90/19 moved: P. Ypma seconded: T. Masschaele
THAT the LPRCA Board of Directors receives the deputation from Mary Weber re:
Flooding in Long Point” as information.
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CARRIED MINUTES OF PREVIOUS MEETINGS No questions or comments. MOTION A-91/19 moved: S. Patterson seconded: V. Donnell
THAT the minutes of the Board of Directors Regular Meeting held June 5, 2019 be
adopted as circulated. CARRIED
BUSINESS ARISING
None
REVIEW OF COMMITTEE MINUTES a) Backus Museum Committee Minutes
MOTION A-92/19 moved: S. Patterson seconded: D. Beres
THAT the minutes from the Backus Museum Committee meeting of May 6, 2019 be
received as information.
CARRIED
CORRESPONDENCE None DEVELOPMENT APPLICATIONS
a) Staff Approved applications
Staff approved 21 applications over the past month. LPRCA-70/19, LPRCA-86/19,
LPRCA-93/19, LPRCA-95/19, LPRCA-100/19, LPRCA-101/19, LPRCA-103/19, LPRCA-105/19, LPRCA-106/19, LPRCA-107/19, LPRCA-108/19, LPRCA-109/19, LPRCA-113/19, LPRCA-114/19, LPRCA-119/19, LPRCA-121/19, LPRCA-122/19, LPRCA-123/19, LPRCA-124/19, LPRCA-125/19 and LPRCA-127/19.
MOTION A-93/19 moved: D. Beres seconded: S. Patterson That the Board of Directors receives the Staff Approved Section 28 Regulation
Applications report dated June 25, 2019 as information.
CARRIED
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b) New applications
The Planning Department recommended approval for three applications: one major repair to a shoreline protection structure, one vacation home replacement and one new vacation home.
The Board asked who is responsible for shoreline protection? Shoreline protection is the owner’s responsibility and some municipalities may choose to fund a project. Staff also noted that there hasn’t been a government grant available for shoreline protection since approximately 1996.
MOTION A-94/19 moved: S. Patterson seconded: D. Beres
THAT the LPRCA Board of Directors approves the following Development Applications
contained within the background section of the report:
A. For Work under Section 28 Regulations, Development, Interference with
Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O.
1990 Reg. 178/06),
. LPRCA-120/19 LPRCA-129/19 LPRCA-130/19 B. That the designated officers of LPRCA be authorized to complete the
approval process for this Development Application, as far as it relates to
LPRCA’s mandate and related Regulations.
CARRIED NEW BUSINESS
a) GENERAL MANAGER’S REPORT
The GM highlighted some of the recent operational activities of the various departments. The backordered transformer has arrived and been installed. A new hydro pole is expected to be installed shortly so that Hydro One can make the connections. The target move-in date for campers is July 12th.
On Friday June 28th, the Minister and Parliamentary Assistant from the Ontario Ministry of Natural Resources and Forestry requested the use of the pond at Backus to help kickoff Family Fishing Week. There was an opportunity to have an informal meeting with them which was attended by the GM, Chair and staff of Backus. MOTION A-95/19 moved: S. Patterson seconded: D. Beres
THAT the LPRCA Board of Directors receives the General Manager’s Report for June
2019 as information.
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CARRIED
b) MARKETING UPDATE
The GM reviewed the report detailing the various promotional items, publications, and
advertisements for this summer. There are still radio ads with giveaways running, and social media promotions are ongoing.
MOTION A-96/19 moved: D. Beres seconded: S. Patterson
THAT the LPRCA Board of Directors receives the report on the current and upcoming
marketing initiatives for 2019 as information.
CARRIED
c) CHRISTMAS OPERATING SCHEDULE
Traditionally, LPRCA has closed down operations (except for emergency response)
over the Christmas-New Year period. Staff proposed a similar process for 2019. The Board has traditionally granted a complimentary day off with pay for those staff working that time of year and LPRCA staff will be required to utilize two vacation days for this shutdown period or take time off without pay. MOTION A-97/19 moved: V. Donnell seconded: R. Chambers THAT the LPRCA Board of Directors closes operations (except for emergency
response) from December 25/19 to January 1/20 inclusive, and
THAT staff working at that time be granted one complimentary day off with pay; and
THAT staff be required to utilize two (2) vacation days during the closure period or take
unpaid leave - along with three statutory holidays.
CARRIED
d) STRATEGIC PLAN UPDATE Staff provided a review of the process to date in updating the Strategic Plan for 2019-2023. The Strategic Planning Committee had their first meeting with senior staff May
15th; managers then reviewed the current Strategic Plan with their departments and received feedback from staff. A draft Plan is proposed to be presented to the Committee August 28th.
MOTION A-98/19 moved: R. Chambers seconded: P. Ypma
THAT the LPRCA Board of Directors receives LPRCA STRATEGIC PLAN 2019 – 2023
Update Report as information.
CARRIED
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e) TIMBER TENDER – LP317-19 GESQUIERE TRACT
Two bids were received by the June 21st deadline and the winning bid was at the top
end of the expected range. MOTION A-99/19 moved: R. Chambers seconded: V. Donnell
THAT the LPRCA Board of Directors accepts the tender submitted by Springwater Mills
for marked standing timber at the Gesquiere Tract – LP-317-19 for a total tendered
price of $46,000. CARRIED
f) HEARING PROCEDURES POLICY UPDATE
The changes made to the Hearing Procedures Policy are administrative resulting from
the updates to the Conservation Authorities Act, for example, Mining and Lands
Commissioner has changed to the Mining and Lands Tribunal; and the updated schedules (samples). MOTION A-100/19 moved: R. Chambers seconded: V. Donnell THAT the LPRCA Board of Directors approves the Administrative Amendment to the
LPRCA Hearing Procedures Policy.
CARRIED
g) STAFF COMMENTS RE: DEPUTATION
Staff explained that LPRCA policies, and policies across the province, say development shouldn’t be allowed in high hazard areas. Property owners within Norfolk and Haldimand Counties have been encouraged by LPRCA staff to floodproof and take other measures to help protect life and property in these areas, and especially in these
extreme situations.
In 2018, the Board approved a simplistic, not engineer-designed, emergency shoreline protection remedy, that some of the property owners had requested, to replace/repair current shoreline protection and fill gaps between properties.
Staff noted that the water levels on Lake Erie are 82cms above average and 13cms above the record high set in 1986. This is an unusual situation with the other upstream great lakes also higher than normal. There is concern that the issue may continue into next year.
A first draft Turkey Point and Long Point Safety Strategy had been prepared in cooperation with Norfolk County for submission to the Province as part of the Norfolk County Official Plan review. Staff suggested working again with Norfolk County staff to
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complete the Safety Strategy.
MOTION A-101/19 moved: R. Chambers seconded: P. Ypma
THAT the LPRCA Board of Directors does now enter into a closed session to discuss:
Personal matters about an identifiable individual, including employees of the
Authority
Litigation or potential litigation, including matters before administrative tribunals
(e.g. Local Planning Appeal Tribunal), affecting the Authority
CARRIED
MOTION A-102/19 moved: R. Chambers seconded: D. Beres THAT the LPRCA Board of Directors does now adjourn from the closed session.
CARRIED The Chair adjourned the meeting at 8:10pm.
Michael Columbus Dana McLachlan Chair Administrative Assistant
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FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 -
LONG POINT REGION CONSERVATION AUTHORITY
BOARD OF DIRECTORS MINUTES (Conference Call) of August 7, 2019
Approved September 4, 2019
Members in attendance: Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Roger Geysens, Tom Masschaele, Stewart Patterson and Peter Ypma Staff in attendance: J. Maxwell, L. Minshall and D. McLachlan Regrets: Valerie Donnell, Ken Hewitt and John Scholten
The LPRCA Chair called the meeting to order at 1:00 PM, Wednesday August 7, 2019. The roll was called. ADDITIONAL AGENDA ITEMS None
DECLARATION OF CONFLICTS OF INTEREST None
DEVELOPMENT APPLICATIONS a) New applications The Planning Department recommended approval for three applications; all are replacement structures.
MOTION A-103/19 moved: D. Beres seconded: R. Geysens
THAT the LPRCA Board of Directors approves the following Development Applications
contained within the background section of the report:
A. For Work under Section 28 Regulations, Development, Interference with
Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O.
1990 Reg. 178/06),
. LPRCA-136/19 LPRCA-151/19 LPRCA-156/19 B. That the designated officers of LPRCA be authorized to complete the
approval process for this Development Application, as far as it relates to
LPRCA’s mandate and related Regulations.
CARRIED
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The Chair adjourned the meeting at 1:10 PM.
Michael Columbus Dana McLachlan Chair Administrative Assistant
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4338
A BY-LAW, To Amend By-Law 4260, to Appoint Directors to the Board of
Management of the Tillsonburg Business Improvement Area (BIA) Established by The
Corporation of The Town of Tillsonburg.
WHERAS it is deemed necessary and expedient to amend By-Law 4260.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT By-Law 4260 be amended to remove John Scott and Marcel Rosehart as
members of the BIA Board of Management;
2. THAT these amendments to By-Law 4260 are hereby declared to be part of that
By-Law as if written therein;
3. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 9th day of SEPTEMBER, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 9th day of SEPTEMBER, 2019.
_________________________
MAYOR – Stephen Molnar
_________________________
DEPUTY CLERK – Lana White
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4339
A BY-LAW To Appoint a By-Law Enforcement Officer.
WHEREAS the Municipal Act , 2001 S.O. 2001, c.25, authorizes council to appoint
officers and employees as may be necessary for the purposes of the corporation, or for
carrying into effect any Act of the Legislature or by-law of the council;
AND WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990, c.P. 15,
authorizes the Council of any municipality to appoint one or more Municipal Law
Enforcement Officers, who shall be peace officers for the purposes of enforcing the by-
laws of the municipality;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it
necessary and expedient to appoint a By-law Enforcement Officer to enforce by-laws
enacted by the Council of the Corporation of the Town of Tillsonburg.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. THAT Cameron Cyr is hereby appointed as a By-law Enforcement Officer for the
Corporation of the Town of Tillsonburg.
2. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 9th day of SEPTEMBER, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 9th day of SEPTEMBER,
2019.
_________________________
MAYOR – Stephen Molnar
_________________________
DEPUTY CLERK – Lana White
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4340
A BY-LAW To Adopt an RZone Policy.
WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall
adopt and maintain policies with respect to the manner in which the municipality will try
to ensure that it is accountable to the public for its actions, and the manner in which the
municipality will try to ensure that its actions are transparent to the public.
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous
of adopting the RZone Policy.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the RZone Policy attached hereto as “Schedule A” is hereby adopted and
forms part of this by-law;
2. THAT this By-Law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 9th day of SEPTEMBER, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 9th day of SEPTEMBER,
2019.
___________________________
MAYOR – Stephen Molnar
______________________________
DEPUTY CLERK – Lana White
Page 199 of 225
9-009 Page 1 of 10
RECREATION, CULTURE AND PARKS
Policy 9-009: RZone Policy
Approval Date: September 9, 2019
Approval Authority: Council, By-Law 4340
Effective Date: September 9, 2019
Next Scheduled Review Year: 2023
Department: Recreation, Culture and Parks
Last reviewed: Month, DD, YYYY
Revision Date/s:
Schedules:
Policy Statement:
Tillsonburg’s properties include facilities such as arenas, swimming pools, parks, skate
parks, trails, community centre, sports fields and associated parking lots. These
properties provide residents with opportunities to enjoy social and recreational activities
in a safe and positive environment.
Tillsonburg operates programs and properties that encourage public participation and is
committed to ensuring the safety of all participants, spectators, volunteers and staff in
accordance with the Occupiers’ Liability Act, the Ontario Human Rights Code, The
Occupational Health and Safety Act, the Trespass to Property Act, the Criminal Code,
municipal by-laws and policies and other provincial legislation.
Throughout Tillsonburg, many programs, services and facilities are operated and
managed by community volunteers. Tillsonburg wants to ensure that they have the
ability to volunteer in a safe and positive environment. The user groups or contract
holders utilizing Tillsonburg’s facilities and property must take PRIMARY responsibility
for the behaviour of all individuals associated with their usage of the facility or property;
this includes the athletes, coaches, officials, spectators, volunteers, renters and users.
Purpose:
The RZone Policy requires persons using a Town facility, park or program to respect
others and take responsibility in helping the Town maintain a safe and comfortable
environment for all participants, spectators, volunteers and staff. They have the right to
expect that others will behave in a manner consistent with a safe and positive
environment in public spaces. With this right comes the responsibility to be accountable
for actions/behaviours that put the safety of others at risk. The RZone Policy helps to
ensure that inappropriate behaviours are dealt with in an equitable and consistent
manner.
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9-009 Page 2 of 10
The Town of Tillsonburg will have zero tolerance for inappropriate behavior, violence,
indecency or vandalism within its programs or properties, and will take appropriate
action where necessary to deal with these incidents.
Scope:
The policy applies to all Tillsonburg Properties (including indoor and outdoor facilities)
and activities that are being conducted on all of the properties – both structured (permit
issued) and unstructured (no permit issued) and to all patrons and guests.
The aim of this policy is to ensure that measures are in place so that incidents of
inappropriate behaviour, violence, indecency, or vandalism do not occur on its
properties. Circumstances not addressed in this policy or exceptions to this policy will
be addressed on a “case by case”basis.
Policy Goals:
1. To provide a comfortable, respectful and safe environment for patrons and
guests of the Towns programs and properties.
2. To provide a comfortable, respectful and safe work environment for Town of
Tillsonburg staff and community volunteers. This policy will be applied in
coordination with Tillsonburg’s respect in the workplace, workplace harassment
and violence policies.
3. To recognize and meet the needs of all Tillsonburg programs and properties to
implement zero tolerance when dealing with inappropriate public conduct on
Tillsonburg property.
4. To reduce or eliminate violence on town properties, both indoor and outdoor.
5. To increase the level of awareness of users regarding appropriate behaviour and
the importance of a positive and supportive environment.
6. To ensure that wireless internet connections in Town of Tillsonburg facilities are
used in keeping with the respectful and decent tone of a public facility used by
children and families.
7. To outline the process that will be implemented to address inappropriate
behaviour, violence, vandalism and the inappropriate use of technology.
Definitions:
Community Volunteer
a) A representative of a community hall group;
b) A representative of a field management group; or
c) A representative of a community group sponsoring a recognized Town of
Tillsonburg special event.
Contract Holder
a) An individual who assumes personal responsibility for the contract;
b) Designated representative of a recognized minor or junior sports association; or
c) Legal entity or corporation.
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9-009 Page 3 of 10
Harassment
For the purpose of this policy, harassment is defined as engaging in a course of
vexatious comment or conduct that is known or ought reasonably to be known to be
unwelcome” as defined by the Ontario Human Rights Code and covered by the Town of
Tillsonburg’s Workplace Violence and Workplace Anti-Violence, Harassment and
Sexual Harassment Policies.
Inappropriate Behaviours and/or Violence
For the purposes of this policy, the definitions of inappropriate behaviour and/or
violence, inappropriate use of technology and vandalism include but are not limited to:
Refusal to abide by specific program or facility rules and any contravention of
Town by-laws, policies or procedures
Verbal assaults (profanity and/or loud verbal assaults including racial or ethnic
slurs, directed at participants, spectators, referees, staff and volunteers)
Threats or attempts to intimidate
Throwing of articles in a deliberate or aggressive manner
Aggressive approaches to another individual
Attempts to goad or incite violence in others
Physical striking of another individual
Theft of property
Vandalism
Harassment
Possession of weapons
Participation in any illegal act on Town of Tillsonburg Property (i.e. drugs,
drinking, use of tobacco products in areas designated tobacco free, etc.)
Inappropriate Use of Technology
For the purposes of this policy, inappropriate use of technology includes but is not
limited to:
Using technology devices to photograph images of participants, spectators, Town
of Tillsonburg staff or volunteers without their express written consent using
technology device(s) for illegal or criminal purposes.
Invading or attempting to invade another person’s privacy
Sending or receiving documents, websites or pages that contain lewd, illegal or
offensive materials via internet.
Viewing, producing or exhibiting lewd, illegal or offensive materials, either hard
copy or using technology devices.
Sending or creating viruses, worms and other invasive computer programs
Hacking or other unauthorized access or attempts thereof
Illegal downloading or copying software or data.
Regular User Sport Group
Resident or non-resident sport organizations, that rent facilities on a weekly basis for
the applicable sport season.
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9-009 Page 4 of 10
Rzone
Respect for yourself; Respect for others; and Responsibility for your actions.
Staff
Incident Review and follow-up staff shall mean the Director of Recreation Culture and
Parks and the Recreation, Programs and Services Manager.
RZone Appeals Committee
Senior Leadership Team except the Director of Recreation Culture and Parks
Vandalism
For the purpose of this policy, vandalism is defined as the deliberate act of destruction
or damage to Town of Tillsonburg owned property, buildings, or equipment. Examples
of vandalism include but are not limited to:
Glass breakage
Graffiti
Theft
Arson
Enforcement Procedures:
In accordance with the Occupiers’ Liability Act, the Occupational Health and Safety Act,
the Trespass to Property Act, the Criminal Code, municipal by-laws and policies and
other provincial legislation, contract holders and community volunteers are authorized to
initiate enforcement options at Town of Tillsonburg programs and properties.
In the event that the contract holder or community volunteer cannot control the situation:
1. When possible, Town of Tillsonburg facility staff will be asked for assistance; or
2. In the event that Town of Tillsonburg facility staff are not available, the contract
holder and/or community volunteer will contact the Ontario Provincial Police
(OPP) for assistance.
When inappropriate behaviour, violence, vandalism or inappropriate use of
technology is witnessed:
1. Assess situation to determine if policy should be enacted.
2. Request that the identified party, without jeopardizing one’s safety, cease the
inappropriate behaviour and/or violence immediately.
3. Advise the identified party that failure to cease the inappropriate behaviour,
violence, vandalism or inappropriate use of technology that jeopardizes the
safety of others or themselves, will result in police being called and advise they
will be considered to be trespassing.
4. If the individual refuses to cease inappropriate activity, do not engage in
argument or physical confrontation, call the police (911) and report the
individual(s) immediately.
5. Advise authorized staff of the situation, if applicable.
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9-009 Page 5 of 10
6. Complete all aspects of the RZone Incident Form and submit to the Director of
Recreation, Culture and Parks within three (3) business days of the
incident.
7. Incident will be reviewed by Recreation, Culture & Parks staff.
8. Follow up action will be taken and documented.
Incident Review and Follow-up:
This process will be administered by the Recreation, Culture and Parks department
upon receipt of an RZone Incident Report.
1. Staff will review the RZone Incident Form. As well, staff may view available video
of the occurrence and follow up with interviews if necessary.
2. Staff will contact the Ontario Provincial Police to determine if a report has been
filed and obtain any further information or details related to the incident.
3. Should the incident be associated with a contract holder or community volunteer
at the time of occurrence, staff will work with the contract holder or community
volunteer to determine the details of the incident.
4. Staff (and the contract holder or community volunteer, if applicable) will meet with
the individual(s) responsible for the inappropriate behaviour, violence, vandalism
or inappropriate use of technology to review the suspension and issue the letter
of suspension. Facility staff, contract holder and/or community volunteer and the
police will be notified when applicable and copied regarding outcome of the
investigation.
5. Should the individual(s) choose not to meet, a letter of suspension will be sent by
staff utilizing registered mail (if address is known).
6. Should the incident involve damages to a Town of Tillsonburg facility or result in
increased maintenance, an invoice for recover of repair of damages, including
materials and labour and an administrative fee will be charged.
7. There will be no reconsideration by the Town of Tillsonburg with respect to the
length of the suspension time given, unless new information becomes available.
8. Following the fifth (5th) anniversary of a reported incident, with no further
contraventions of this policy, the individual’s record will be expunged.
Appeal Process:
Individuals may appeal an RZone suspension by using the following process:
1. Individual(s) wishing to appeal any disciplinary measure may present their case
in writing, accompanied with a mandatory $100 fee to the RZone Appeals
Committee within 14 days of the decision. The fee will be refunded if the appeal
is successful.
2. The RZone Appeals Committee will review the in consultation with the
appropriate staff or organization, appeal and any decision made is final.
Education & Awareness:
Town of Tillsonburg Recreation, Culture and Parks staff, along with community
volunteers, will undertake a promotional and educational campaign aimed at raising
awareness among parents, volunteers, spectators and general public of the RZone
Page 204 of 225
9-009 Page 6 of 10
Policy and in particular, the importance of their role in creating a positive atmosphere
when on Town of Tillsonburg properties.
Initiatives will include:
Circulation of the policy to all facility rental contract holders and community
having management agreements with the Town of Tillsonburg;
Signage/posters to be displayed on all Town of Tillsonburg properties;
The policy will be referenced in the Terms & Conditions section on all facility
contracts and permits.
Regular user groups will be asked to update and amend their club’s constitutions
and/or code of conduct to reflect this policy.
Regular user groups will be asked to designate a person responsible for the
implementation and administration of the Public Conduct on Town of Tillsonburg
Policy at each event;
Community volunteers will be asked to reference the policy in their organization
newsletters/booklets/websites and will be provided with tools to help
communicate to participants, parents and patrons.
Where possible, announcements will be made prior to all games regarding the
policy and reporting of incidents
On an ongoing basis, staff will follow-up with representatives of organizations
that have had incidents or been affected by this policy, to review the process and
resulting consequences to ensure the policy is addressing inappropriate behavior
in an effective manner; and
Staff will review the education and promotional campaign on an annual basis with
community groups to ensure the policy remains effective.
Prevention of Incidents
In an effort to prevent inappropriate behaviour, violence, vandalism or inappropriate use
of technology, community groups shall be requested to:
Ensure all participants, coaches and parents sign a Code of Conduct contract.
Ensure all spectators are aware of the RZone Policy.
Have a representative for each group or team on site who understands the terms
of the policy.
In the event of an incident, advise without jeopardizing one’s safety, identified
party that there is a zero tolerance for inappropriate behaviour and they are
contravening the RZone Policy.
Recreation, Culture and Parks front-line staff will receive training on their roles and
responsibilities as set out in the RZone Policy, and will be re-trained on an annual basis.
Facility user groups and community volunteers will be notified of the updated policy.
Recreation, Culture and Parks staff will provide orientation sessions to ensure they are
aware of and informed about the updated policy and their role to ensure that all
participants, spectators, volunteers and staff have the right to be safe and feel safe
while attending a program or facility on Town of Tillsonburg property.
Page 205 of 225
9-009 Page 7 of 10
RZone Incident Report
Individual Reporting Details:
Name of Person Reporting ________________________________________________
Department ____________________________________________________________
Position _____________________________________ extension _________________
Date incident was reported ________________________________________________
Incident Information:
Date __________________________________ Time __________________________
Incident Information _____________________________________________________
Location of Incident ______________________________________________________
Participant(s) Involved:
Complainant Name____________________________________________________
Address ______________________________________ Postal Code ______________
Phone ____________________________________
Respondent Name __________________________________________________
Address ______________________________________ Postal Code ______________
Phone ____________________________________
If there are more participants involved, please attach extra pages.
Category (please check all that apply)
Verbal assault
Threats
Physical assault/harm
Vandalism
Possession of Weapons
Use of alcohol or drugs
Harassment
Theft of property
Other (please specify in detail)
_________________________________________________________________
Describe in detail what happened:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Other relevant information:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Page 206 of 225
9-009 Page 8 of 10
Who else was made aware of the incident?
Name ________________________________________________________________
Address ______________________________________ Postal Code ______________
Phone _______________________________________
If there are more individuals involved, please attach extra pages.
If another individual was made aware of the incident, how were they informed?
In-person
Phone
Email
Other (please specify in detail)
_________________________________________________________________
Date the individual was informed: ____________________________________
Please identify if another individual witnessed the incident.
Name ________________________________________________________________
Address ______________________________________ Postal Code ______________
Phone _______________________________________
If there are more individuals who witnessed the incident, please attach extra pages.
For Office Use Only:
Action Taken (please check):
Verbal Warning
Date: _______________
Letter of Warning
Date: _______________
Letter of Trespass
Date: _______________
Appeal:
No
Yes
Date: ________________
Outcome:______________________________________________________________
______________________________________________________________________
Date File Closed: ________________________________________________
Name: ____________________________ Position: ___________________________
Signature:
______________________________________________________________
Personal information on this form is collected under the authority of the Municipal Act,
2001, S.O. 2001, c. 25 and will be used for the purpose of aggregate statistical
reporting, and allocation of staff and resources. This information will also be used for the
promotion of programs or activities so that we can provide good customer service.
Page 207 of 225
9-009 Page 9 of 10
RZone Enforcement Guidelines
The following chart represents guidelines and outlines the consequences for acts of
inappropriate behaviour, violence, vandalism or inappropriate use of technology in Town
of Tillsonburg programs and property. It is understood this does not include all types of
inappropriate behaviour, violence, vandalism or inappropriate use of technology. Each
incident will be reviewed based upon the information available at the time and that the
consequences outlined below are guidelines and may be adjusted to reflect the severity
of conduct and/or actions involved. Any restrictions/suspensions will apply to all Town of
Tillsonburg programs and properties.
Subsequent acts of inappropriate behaviour, violence, vandalism or inappropriate use of
the technology that will result in increased consequences and incidents may be reported
to the Oxford OPP detachment, which may result in criminal charges.
Behavior Description Consequenc
e of 1st
Occurrence
Consequenc
e of 2nd
Occurrence
Consequenc
e of 3rd
Occurrence
Consequenc
e of 4th
Occurrence
Inappropriat
e behaviour,
non violent
in nature:
- refusal to
abide by
specific
program or
facility rules
or the terms
of a rental
contract
-
inappropriat
e verbal
language
and non
verbal signs
- illegal acts
such as use
of tobacco
products,
alcohol
-
inappropriat
e use of
technology
Immediate
ejection,
followed by
written
warning
1 Month
Suspension
3 Month
Suspension
6 Month
Suspension
Inappropriat
e behaviour
with the
potential to
incite
- threats
and
attempts to
intimidate
- verbal
Immediate
ejection,
police
contacted,
followed by
6 Month
Suspension
3 Year
Suspension
Page 208 of 225
9-009 Page 10 of 10
violence:
assaults
- throwing
of articles
- physical
intimidation
written
warning
Inappropriat
e behaviour
with
physical
violence:
- physical
contact
- fighting
(excluding
on- ice,
arena floor
and sport
field
activities)
Immediate
ejection,
police
called,
1 year
suspension
3 Year
Suspension
5 Year
Suspension
Vandalism - glass
breakage
- graffiti
- theft
- arson
- spam
Immediate ejection. Those identified as perpetrating
vandalism will be required to pay 100% cost of repairs
(including but not limited to materials, equipment, labour
and administrative costs). A suspension may be applied.
In the event that the individual(s) can’t be identified, the
contract holder will be held responsible and invoiced
accordingly.
Page 209 of 225
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4341
A BY-LAW to appoint a Chief Administrative Officer for the Town of Tillsonburg.
WHEREAS Municipal Councils may appoint a Chief Administrative Officer pursuant to
Sections 72 and 73 of The Municipal Act, R.S.O. 1990, Chapter M.45.
BE IT THEREFORE ENACTED as follows:
1. THAT Ron Shaw is hereby appointed Interim Chief Administrative Officer with such
authority and duties as contained in Schedule “A” attached hereto.
2. Schedule “A” shall form part of this By-Law as if written and incorporated herein.
3. That By-Law 3689, To Appoint David Calder as CAO, is hereby repealed.
4. This By-Law shall come into full force and effect on September 16, 2019.
READ A FIRST AND SECOND TIME THIS 9th DAY OF SEPTEMBER, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 9TH DAY OF SEPTEMBER,
2019.
______________________
MAYOR Stephen Molnar
__________________________
DEPUTY CLERK Lana White
Page 210 of 225
Schedule “A”
POSITION DESCRIPTION
____________________________________________________________
_
POSITION TITLE: Chief Administrative Officer
DEPARTMENT: CAO
REPORTING TO: Mayor /Town Council
POSITIONS SUPERVISED: 9
REVISED DATE:
______________________________________________________________
POSITION SUMMARY:
The Chief Administrative Officer is the senior official of the municipality providing
organizational leadership. This position is responsible to Council for administration and
coordination of the delivery of services to the municipality’s residents and businesses in
a manner that will ensure the effective utilization of the available human, financial and
physical resources. Through Directors and Corporate Managers, implement policies
approved by Council, advise Council on all matters under its jurisdiction, act as a liaison
between Council and staff, represent the Town as directed with other governments
and/or organizations.
PRINCIPAL RESPONSIBILITIES:
1. Reports to, is accountable to and receives direction from Council in the performance of
their duties.
2. Coordinates the policy advice that is prepared by Directors/Corporate Managers,
external agencies and consultants to ensure that Council is presented with clear,
comprehensive information and alternatives on which to make reasoned policy
decisions.
3. Attends Council and, when required, advisory Committee meetings, being available to
provide advice and information in the formulation of Corporate policy.
4. Oversees the overall interpretation, implementation and administration of Council
direction.
5. Provides a well coordinated communications network from all administrative levels to the
political level and vice-versa.
6. Coordinates all functions of the various departments/offices working with the area
municipalities and special boards and commissions to provide a high level of service to
the residents of the Town.
7. Hires, directs, motivates, evaluates the performance, and disciplines up to and including
termination, of the following:
Director of Development & Communication Services
Director of Operations
Director of Parks & Recreation Services
Director of Finance
Fire Chief
Town Clerk
Manager of Human Resources
Development Commissioner
Chief Building Official
8. Fulfils any functions of CAO as defined within the Municipal Act and such other
legislation that may be relevant.
Page 211 of 225
9. Provides leadership and support to the various Directors/Corporate Managers,
Committees and Boards in the preparation of budgets and is responsible for the general
administration of the budgets through the Treasurer and Directors/Corporate Managers.
10. Directs and assists with Human Resource matters within the mandates approved by
Council.
11. Acts as central reference source for inquiries from the public regarding Town operations,
providing prompt and accurate responses and referring technical items to the
appropriate department/office.
12. Maintains positive public relations for the Town, dealing with the media and community
groups. Will be the primary contact with officials of local municipalities, County of Oxford
and all others concerned with Town operations.
13. Maintains up-to-date knowledge of trends and developments affecting Town operations
including legislation, Ministry directives, funding opportunities, procedural rulings &
related matters, bringing relevant items to the attention of Council and/or Committees
and Boards.
14. Has signing authority.
15. May represent the Town’s interests as a member of the Board of Directors of Tillsonburg
Hydro Inc.
16. Performs such additional duties and exercises additional responsibilities that may be
required in the interest of the Town and as Council may assign.
Page 212 of 225
CONSULTING SERVICES AGREEMENT
B E T W E E N:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the ”Client”)
- and -
RON SHAW & ASSOCIATES INC.
(the “Consultant”)
AND WHEREAS Ron Shaw (“Shaw”) is the President and primary or sole shareholder or
partner, officer and director of the Consultant.
AND WHEREAS the Client has agreed to retain the Consultant to provide consulting
services to the Client as more fully described in this Agreement and the Consultant has agreed
to act in that capacity on the terms and conditions set forth in this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements contained in this Agreement, the parties agree each with the other
as follows:
ARTICLE 1
INTERPRETATION
SECTION 1.01 - DEFINITIONS
For all purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
a) All references to currency herein are deemed to mean currency of Canada;
b) Any reference to “agreement”, “approval”, “authorization” or “consent” of a party
hereto means the written agreement, written approval, written authorization or
written consent of such parties;
c) “Business Day” means any day, other than Saturday, Sunday or any statutory holiday
in the Province of Ontario;
d) “Business” means the business of the administration of services by a local
government;
Page 213 of 225
- 2 -
e) Services” means those services as defined section 3.01 of this Agreement;
f) “Governmental Body” shall mean:
(i) any federal, state, provincial, municipal or other government body;
(ii) any subdivision, department, bureau, agency, commission, board, instrumentality
or authority of any of the foregoing governments or bodies;
(iii) any quasi-governmental or private body exercising any regulatory, expropriation
or taxing authority under or for the account of any of the foregoing governments or
bodies; or
(iv) any judicial, quasi-judicial, arbitration or administrative court, grand jury,
commission, board or panel.
g) “Confidential Information” means all confidential or proprietary information,
intellectual property (including trade secrets) and confidential facts relating to the
administration of local government and protected under the Municipal Freedom of
Information and Protection of Privacy Act:
For greater certainty “Confidential Information” excludes information that is:
(i) in the public domain before disclosure to the Consultant, or becomes in
the public domain thereafter otherwise than as a result of a breach by the
Consultant of its obligations of confidentiality under this Agreement;
(ii) known to the Consultant before it is disclosed by the Client;
(iii) developed independently by the Consultant without reference to the
information disclosed by the Client, as evidenced by written or other
tangible records; or
(iv) received by the Consultant from a third person, who is not under any
obligation to the Client to restrict disclosure.
ARTICLE 2
APPOINTMENT AND TERM
SECTION 2.01 - APPOINTMENT
The Client confirms the engagement of the Consultant to provide the Services as set out
in this Agreement. The Services to be provided by the Consultant will be as an independent
contractor during the term of this Agreement and the Consultant confirms its agreement to
provide the Services to the Client in accordance with the terms of this Agreement. The Services
shall be primarily provided by Shaw, which is a fundamental term of this Agreement.
SECTION 2.02 - TERM
Page 214 of 225
- 3 -
The term of this Agreement shall commence on September 16, 2019 and shall continue
until December 20, 2019, unless terminated earlier in accordance with the provisions of this
Agreement or otherwise extended by mutual written agreement of the parties. Both parties
recognize that Shaw has previous commitments already scheduled for September 13, September
20 and December 11, 2019 with AMCTO.
ARTICLE 3
SERVICES
SECTION 3.01 - SERVICES TO BE PROVIDED
During the term of this Agreement the Consultant shall provide the consulting services
described in Schedule A attached to this Agreement and such other services as may be agreed
upon in writing from time to time by the parties (the “Services”).
SECTION 3.02 - TIME AND ATTENTION
The Consultant shall devote the necessary time and attention to the performance of the
Services under this Agreement. The hours are expected to be variable and will be based on the
requirements of the Services to be performed for the Client and the availability of the Consultant.
The Consultant is at liberty to provide services for any other person, firm, corporation or entity
provided it meets the requirements as set out in this Agreement.
SECTION 3.03 - DILIGENCE
In providing the Services under this Agreement, the Consultant shall:
a) Act honestly and in good faith with a view to the best interests of the Client; and
b) Exercise the care, diligence and skill that a reasonably prudent consultant would
exercise in comparable circumstances.
SECTION 3.04- OMAA
The Client shall permit Shaw to attend the Fall Workshop of the Ontario Municipal
Administrators’ Association on October 17 and 18, 2019 at the Client’s expense
.
ARTICLE 4
COMPENSATION
SECTION 4.01 - FEES
The Client shall pay to the Consultant for the performance of the Services the fees set out
in Schedule B attached to this Agreement (the “Fees”).
Page 215 of 225
- 4 -
SECTION 4.02 - EXPENSES
Expenses relating to performance of the Services shall be the responsibility of the
Consultant or reimbursed by the Client as set out in Schedule B.
SECTION 4.03 - NO WITHHOLDINGS
The Consultant shall pay on its own account or remit, as applicable, all expenses related
to Income Tax, Canada Pension Plan, Employment Insurance, group health, H.S.T. and any other
income or business tax as may be required by any Governmental Body. It is understood and
agreed that all the above are the sole and exclusive responsibility of the Consultant. As an
independent contractor, the Consultant acknowledges that it is responsible for and shall remit
to the appropriate Governmental Body any tax and other amounts as required by any
Governmental Body.
For greater certainty, payment of the Fees shall be made without withholdings for Income
Tax, Canada Pension Plan or Employment Insurance contributions or other like deductions.
SECTION 4.04 - NO ADDITIONAL FEES
For greater certainty, unless otherwise agreed to in writing by the parties hereto, no
additional fee, wage, salary, commission or other payment shall be paid to the Consultant on
account of the Services herein contemplated.
SECTION 4.05 - RECORDS
The Consultant shall maintain such records as reasonably prescribed by the Client from
time to time to verify and substantiate the Services rendered by the Consultant to the Client.
ARTICLE 5
CONFIDENTIALITY
SECTION 5.01 - CONFIDENTIALITY
The Consultant is aware of the Client’s needs to maintain confidentiality of its business.
Therefore, except with the consent in writing of the Client , the Consultant shall not, at any time,
directly or indirectly use or disclose to any person or persons, firm, association, syndicate,
company or corporation as principal, agent, shareholder or in any other manner whatsoever, any
Confidential Information, except as reasonably required in performance of the Services.
On the termination of this Agreement, the Consultant shall return all of the Client’s
papers, effects and materials which have been entrusted to it.
SECTION 5.02- COVENANTS
Page 216 of 225
- 5 -
The parties agree that by reason of the Consultant’s unique knowledge and association
with the Business, all restrictions contained in this section are all necessary and fundamental to
the protection of the legitimate interests of the Client and are reasonable and valid. The
covenants contained in this section 5 shall subsist even if the rest of this Agreement shall be
terminated for any reason whatsoever and are severable for such purpose.
ARTICLE 6
PROPERTY RIGHTS
SECTION 6.01- PROPERTY RIGHTS
All reports created by the Consultant and provided to the Client in connection with the
Services (the “Work Product”) shall be the property of the Client and, to the extent that the
Consultant retains ownership of, or other proprietary rights in, any Work Product, the
Consultant hereby assigns and transfers all of such rights, title and interest in and to such Work
Product to the Client, and the Consultant agrees at the Client’s reasonable request and expense
to execute any and all other documents and to give all aid and assistance that, in the opinion of
the Client, may be necessary or desirable in connection with this assignment and transfer or to
enable the Client, its successors and assigns to protect or exploit any Work Product in any
country of the world.
ARTICLE 7
ASSIGNMENT
SECTION 7.01 - ASSIGNMENT BY THE PARTIES
This Agreement shall be binding upon the parties hereto and shall enure to the benefit of
the Client’s successors and assigns. This Agreement is personal to the Consultant and is not
assignable and shall not enure to the benefit of its successors and assigns.
ARTICLE 8
LEGAL RELATIONS
SECTION 8.01 - LEGAL RELATIONSHIP
The legal relationship between the Consultant and the Client arising under this
Agreement shall only be that of an independent contractor and the purchaser of services and, in
particular, nothing in this Agreement shall be construed so as to render the relationship between
the Client and the Consultant to be that of an employer and employee, principal and agent,
partnership or joint venture.
Page 217 of 225
- 6 -
ARTICLE 9
TERMINATION
SECTION 9.01 - EVENTS OF DEFAULT
It is an event of default (a “default”) if:
a) either party fails to observe, perform or carry out any of its obligations hereunder and
such failure is not remedied within 20 days of the other party giving it written notice
of such failure;
b) either party engages in any act, omission or conduct which would entitle the other
party at common law to terminate this Agreement;
c) either party ceases to operate its business;
d) either party becomes bankrupt or commits any act of bankruptcy or makes an
assignment for the benefits of creditors or otherwise.
Notwithstanding the above, the Consultant shall be deemed not to be in default if any of the
events described in this Section 9.01 are caused by the death, illness or disability of Shaw.
SECTION 9.02 - ELECTIVE REMEDIES
In the event of a default, the non-defaulting party may do any one or more of the
following:
a) Pursue any remedy available to it in law or equity, it being acknowledged that specific
performance, injunctive relief (mandatory or otherwise) or equitable relief may be the
only adequate remedy for a default;
b) Take all action in its own name as may be reasonably required to cure the default, in
which event, all reasonable payments, expenses and costs incurred therefore shall be
payable by the other party on demand;
c) Terminate this Agreement by notifying the other party of the default and the exercise
of such election; or
d) Waive the default except, however that a waiver of a particular default shall not
operate as a waiver of any subsequent or continuing default.
SECTION 9.03 – TERMINATION ON NOTICE
This Agreement may be terminated for any reason by the Client immediately upon giving
notice in writing to the Consultant. In the event of any such termination, the Consultant shall be
Page 218 of 225
- 7 -
entitled to payment for time spent performing the duties of the interim CAO of The Town of
Tillsonburg to date plus 20 days on a prorated basis, but in any event not to exceed the total
value of this Agreement. The Consultant shall also be paid any expenses to which it is entitled in
accordance with this Agreement.
ARTICLE 10
CONFLICT OF INTEREST
SECTION 10.01 – CONFLICT OF INTEREST
The Consultant represents that it is not a party to any agreement which represents a
conflict of interest with its role as the Client’s consultant or the terms of this Agreement or which
materially and adversely affects the Consultant's ability to perform the Services. Further, the
Consultant agrees it will not enter into any agreement or business relationship during the term
of this Agreement that could place it in a conflict of interest position.
ARTICLE 11
LIABILITY LIMITATIONS
SECTION 11.01 – LIABILITY EXCLUSIONS/MAXIMUMS
Neither party shall be liable to the other for special, punitive, contingent, indirect or
consequential loss or damage. The maximum aggregate liability of the Consultant to the Client
for any claim, demand, action, cause of action, suit or proceeding under or relating to this
Agreement (collectively, the “Claims”), whether arising in contract, tort, including negligence, by
statute or as matters of strict or absolute liability, shall be limited to an amount equal to the total
Fees payable to the Consultant hereunder. Notwithstanding the above, the limits on Consultant's
liability under this Agreement shall not apply to Claims arising out of the wilful, fraudulent or
criminal misconduct of the Consultant or its directors, officers, employees or agents.
The Consultant shall fall under the Client’s liability policies and insurance while
performing the duties of interim CAO for The Corporation of the Town of Tillsonburg.
ARTICLE 12
GENERAL PROVISIONS
SECTION 12.01 - SEVERABILITY
Each provision of this Agreement is declared to constitute a separate and distinct
covenant and to be severable from all other such separate and distinct covenants.
Page 219 of 225
- 8 -
SECTION 12.02 - VALIDITY
If any covenant or provision herein is deemed to be void or unenforceable in whole or in
part, then it shall not be deemed to affect or impair the enforceability or validity or any other
covenant or provision of this Agreement or any part thereof.
SECTION 12.03 - ENTIRE AGREEMENT
The provisions herein constitute the entire agreement between the Client and the
Consultant and supersedes all previous expectations, understandings, communications,
representations and agreements, whether verbal or written, between the Client and the
Consultant with respect to the subject matter hereof and may not be modified except by
subsequent agreement in writing and executed by the Client and the Consultant.
SECTION 12.04 - GOVERNING LAW
The validity, enforcement and interpretation of this Agreement, and the rights and
liabilities of the parties, shall be construed and governed by the laws of the Province of Ontario
and the laws of Canada applicable in Ontario.
SECTION 12.05 - INDEPENDENT LEGAL ADVICE
Each party acknowledges that it has an opportunity prior to executing this Agreement to
review and seek independent legal advice with respect to the terms and conditions of this
Agreement.
SECTION 12.06 - CAPTIONS
The captions or headings appearing in this Agreement are inserted for convenience of
reference only and shall not affect the construction thereof.
SECTION 12.07 – NOTICE IN WRITING
Any notice to be given hereunder shall be in writing and shall be sufficiently given if
delivered personally or by prepaid courier or registered mail:
(a) If to the Consultant, to: Attention: Ron Shaw, 146 Unger Island Road, Napanee,
ON K7R 3L1
(b) If to the Client, to: Attention: Donna Wilson, Clerk, Town of Tillsonburg, 200
Broadway, Suite 204, Tillsonburg, ON N4G 5A7.
Any notice given personally or by prepaid courier shall be deemed to be given when so
delivered, and any notice given by prepaid registered mail shall be deemed to be given on the
fourth Business Day after it was mailed.
Page 220 of 225
- 9 -
IN WITNESS WHEREOF, the Client and the Consultant have executed this Agreement as
of the ___ day of ______________, 2019.
THE CORPORATION OF THE TOWN OF TILLSONBURG
By: _____________________________
Steven Molnar, Mayor
By: _____________________________
Donna Wilson, Clerk
RON SHAW & ASSOCIATES INC.
By:
Ron Shaw, President
Page 221 of 225
- 10 -
SCHEDULE A
SERVICES
Reporting to the Mayor/Council the Chief Administrative Officer is the senior official of
the municipality providing organizational leadership. This position is responsible to Council
for administration and coordination of the delivery of services to the municipality's residents
and businesses in a manner that will ensure the effective utilization of the available human,
financial and physical resources. Through Directors and Corporate Managers, implement
policies approved by Council, advise Council on all matters under its jurisdiction, act as a
liaison between Council and staff, represent the Town as directed with other governments
and/or organizations.
PRINCIPAL RESPONSIBILITIES:
• Reports to, is accountable to and receives direction from Council in the
performance of their duties.
• Coordinates the policy advice that is prepared by Directors/Corporate Managers,
external agencies and consultants to ensure that Council is presented with clear,
comprehensive information and alternatives on which to make reasoned policy
decisions.
• Attends Council and, when required, advisory Committee meetings, being
available to provide advice and information in the formulation of Corporate policy.
• Oversees the overall interpretation, implementation and administration of Council
direction.
• Provides a well coordinated communications network from all administrative levels
to the political level and vice-versa.
• Coordinates all functions of the various departments/offices working with the area
municipalities and special boards and commissions to provide a high level of
service to the residents of the Town.·
• Hires, directs, motivates, evaluates the performance, and disciplines up to and
including termination, of the following:
o Director of Operations
o Director of Recreation, Culture & Parks
o Director of Finance
o Fire Chief
o Clerk
o Manager of Human Resources
o General Manager, Hydro Operations
o Chief Building Official
o Development Commissioner
• Directs and assists with Human Resource matters within the mandates approved
by Council.
• Acts as central reference source for inquiries from the public regarding Town
operations, providing prompt and accurate responses and referring technical
items to the appropriate department/office.
Page 222 of 225
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• Maintains positive public relations for the Town, dealing with the media and
community groups. Will be the primary contact with officials of local municipalities,
County of Oxford and all others concerned with Town operations.
• Maintains up-to-date knowledge of trends and developments affecting Town
operations including legislation, Ministry directives, funding opportunities,
procedural rulings & related matters, bringing relevant items to the attention of
Council and/or Committees and Boards.
• Has signing authority. • May represent the Town's interests as a member of the Board of Directors of
Tillsonburg Hydro Inc.
• Performs such additional duties and exercises additional responsibilities that may
be required in the interest of the Town and as Council may assign.
Page 223 of 225
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SCHEDULE B
FEES
Total fees (the “Fees”) earned and payable as follows:
● $13,333 per month to be paid monthly.
● Shaw may invoice for each month within one week of beginning each 30 day period and
which shall be paid within two weeks.
● Any reasonable travel expenses are in addition and will be invoiced at cost and in
accordance with the Town’s travel policy.
● It is Shaw’s responsibility to get to and from work at his expense.
● Services provide from December 16 to December 20, 2019 will not be billed.
● Fees are subject to H.S.T.
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THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4337 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 9th day of September, 2019. 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 September 9, 2019, 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 9th DAY OF SEPTEMBER, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF SEPTEMBER, 2019.
________________________________ MAYOR – Stephen Molnar
________________________________ DEPUTY CLERK – Lana White
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